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All Forum Posts by: Dan VanDusen

Dan VanDusen has started 1 posts and replied 7 times.

Post: Abandon Property After Move-out (AZ)

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0

Thanks Marcia. That is my assumption too but still quite vague in the AZ law for this situation.

Post: Abandon Property After Move-out (AZ)

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0

Thanks for the feedback Tony.

In AZ the statute that I have read specifically state the tenant has 10 days. However, it only addresses the definition of abandon based on leaving the property unannounced and/or eviction.

It just seems undefined for those that left after a properly terminated lease.

Post: Abandon Property After Move-out (AZ)

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0

I have a tenant who's lease expired at the end of May. We didn't see eye-to-eye on a few things towards the end so we both agreed to end the lease in writing earlier than the required 60 days notice (It was a month-to-month with 60 days notice).

She was a no-show on move out day and basically left the keys locked in the house and said she had a few items to still pickup and/or through away. We have left voicemails and left multiple text messages about the items with no response. 

Is there considered abandon property similar to an eviction and/or tenant just disappearing? The lease has legally expired.

I have taken pictures of what was left. Most of it was clothes/junk put in giant trash bags (about 15 bags). I assume it was meant to be trash but it could have been her way of packing for the move too. The only item of significance is an old style stereo cabinet that has a built in record player, speakers, etc. with a record collection (about 20 records). I have no idea if it works.

Do I need to store these items and if so for how long? I have no idea her new address and she won't respond to multiple phone calls and txt messages (Which is always her preferred method).

Post: 1099ing Your Vendors!

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0
Originally posted by @Brandon Hall:

@Linda Weygant

I pretty much do the same thing. It's tedious work if not in QB.

Follow-up question for you guys - do you make your landlord clients 1099 their vendors assuming the requirements are met? There is case law that is conflicting on whether or not landlords need to 1099 their vendors as the IRS takes the stance rentals are not an active trade or business, therefore a 1099 is not needed. It seems very grey to me, so I have my clients issue their vendors 1099s just to be safe. 

But I remember reading several cases where the landlords didn't have to file - I'll try to find the case references.

I'm curious what you are able to dig up. I am a Landlord and trying to determine what, if anything, I need to do. I will be hiring a contractor for some renovations over $600 and need to determine my responsibilities. 

Post: 1099ing Your Vendors!

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0
Originally posted by @Linda Weygant:
Originally posted by @Dan VanDusen:

If you pay a contractor by Credit Card will they receive a 1099-k and the need for me to issue a 1099-Misc go away?

The IRS has this to say about 1099-K and 1099-MISC:

Form 1099-K. Payments made with a credit card or payment card and certain other types of payments, including third party network transactions, must be reported on Form 1099-K by the payment settlement entity under section 6050W and are not subject to reporting on Form 1099-MISC. See the separate Instructions for Form 1099-K.

1099-MISC Instructions

Thanks! I saw the same thing and wanted to make sure others interpreted it the same. I will assume that a 1099-Misc isn't needed when paying via CC.

Post: 1099ing Your Vendors!

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0

If you pay a contractor by Credit Card will they receive a 1099-k and the need for me to issue a 1099-Misc go away?

Post: 1099ing Your Vendors!

Dan VanDusenPosted
  • Investor
  • Phoenix, AZ
  • Posts 7
  • Votes 0

What do you use to determine if they are Incorporated?