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If you’re creating a lease for new tenants there are several things to be considered but no matter what, make sure the following five are included to prevent future problems.

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Do all property owners need a lawyer? The answer is probably yes, but in varying degrees. It’s usually very beneficial to have a real estate attorney to make sure your initial purchase goes as planned. But after that, most property owners don’t need to have an attorney. If you only own one or two properties you can probably handle most issues on your own and can contact your real estate attorney when and if you have a concern. (more…)

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Taking a tenant to court or being taken to court by a tenant can be a very stressful situation. You can alleviate that stress a little bit by taking the proper steps from the very beginning, in fact, if you’re meticulous enough, you might even be able to avoid court all together. (more…)

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Taxes are tricky. Are you taking advantage of all the breaks you’re entitled to as a real estate owner? Everyone knows you can deduct your mortgage interest from your federal taxes, but property owners can also take advantage of a number of other breaks.
If you sold your home and moved because of a job, you may be able to deduct some of your moving expenses. You must move at least 50 miles and you must have moved in order to take a full-time job. You can deduct the cost of packing and transporting your household goods. You can also deduct travel expenses for yourself and your family, which includes lodging, but not food.
You cannot deduct:
- Any part of the purchase price of your new home
- Expenses of buying or selling a home
- Expenses of entering into or breaking a lease
- Home improvements to help sell your home
- Loss on the sale of your home
- Losses from disposing of memberships in clubs
- Mortgage penalties
- Pre-move househunting expenses
- Real estate taxes
- Refitting of carpet and draperies
- Return trips to your former residence
- Security deposits
- Storage charges except those incurred in transit and for foreign moves
If you invest in real estate good record-keeping is essential. Keep the purchasing contract and closing statement, which establish the basis on which you’ll calculate depreciation as well as capital gains. Also keep track of capital improvements you’ve made, which you can depreciate; rental income records, including vacancy periods and security deposits received; and operating expenses.
If you work from home, you can deduct expenses that are related to business, including real estate taxes, rent, insurance and maintenance and repairs. Those expenses are based on the amount of square footage you use exclusively for business.
If you have a lot of complex real estate investments, or even if you just own your own home, it’s a good idea to read up on what the IRS allows you to deduct and when.
For example, timing is everything. If you sell your home but immediately reinvest the windfall in a better property, you may be entitled to defer the taxes on those capital gains. On the other hand, homeowners who have lived in a house that served as their primary residence for two years can exclude up to $250,000 of the profit from their reported income–twice that for married couples. Investment property, on the other hand, has a whole different set of rules.
There are a number of places on the Web with information on real estate taxes, starting with the IRS:
If your tenant is diligent about paying the rent but still violates your rental agreement you have a legal right to evict this person.
If your tenant is doing something that is illegal, an annoyance to other tenants, or dangerous but not specifically prohibited in the lease, check with your city ordinances as they keep a list of violations that are just cause for termination. Make sure you document all of the violations so you have a record for the courts.
You have just bought your first investment property and you are ready to dive in to being a landlord. The to-do list is surprisingly long: advertise rental property, create rental forms, figure out how to do credit checks, set up bank accounts for deposits, make repairs, and on and on. Make sure you add to the list gaining an understanding of the many federal, state, and local laws, governing your actions with your tenants. (more…)