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We own a single family dwelling in San Francisco. A friend…

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We own a single family...
We own a single family dwelling in San Francisco. A friend of our son-in-law was in need of housing that was reasonable and quiet, so we offered part of our home for him to rent ($1,000.). We will claim the rent we have received ($5,000.). Can we legally call this a rental and write it off on our taxes?
Submitted: 2 years ago.Category: Landlord-Tenant
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Answered in 7 minutes by:
2/10/2016
Lawyer: barristerinky, Attorney replied 2 years ago
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 43,074
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

Can we legally call this a rental and write it off on our taxes?

.

Yes, if you are using it for commercial purposes, then you would be entitled to claim depreciation and expenses for that area while it was being used for a rental. If this is only a temporary situation, your accountant will have to figure out how to apply that depreciation and how much you can deduct.

.

But you can't write off the entire property, only the part that is actually rented to the tenant for his personal use. So common areas like kitchen, LR, etc, that are used by you and the tenant can't be depreciated. Only sole use areas like their bedroom and maybe a bathroom if it is private can be written off.. It will be a complicated calculation for your accountant.

.

However, since you are claiming the money as income and paying taxes, you are entitled to the deductions.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

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Customer reply replied 2 years ago
Thanks Barrister. That's all we needed to know.bob
Lawyer: barristerinky, Attorney replied 2 years ago

You are very welcome. Glad to help any time..

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

.

thanks much

Barrister

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