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MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6135
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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I own a condo in San Diego and have had a renter renting a

Customer Question

I own a condo in San Diego and have had a renter renting a room for about a year and a half. She is officially moving out in two days, but has taken most of her things away and did a reasonably good cleaning job. We had a month to month rental contract that she signed herself. Her uncle, however, has given her cash, (t my request from the beginning), to pay her rent for her while she was in school. It has been a fairly good relationship until now. Her uncle wanted her deposit returned to her on the day she moves out. As per our contract, I have 30 days to return her deposit. The only hold up is that she vomitted on my bedspread and I have to have it professionally cleaned. I told her and her uncle that I would return her deposit once they had cleared out all of her belongings and I have the bedspread laundered. Her uncle became upset, wanting the deposit returned on the day they moved out even though he knows I legally have a 30 day period to return it. CONTINUE BELOW...
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the Just Answer website. I look forward to assisting you. Just to make sure I understand your questions, you want to know if you have to give him your Social Security number so that he can file a 1099? In what state are you located, by the way?

Customer: replied 1 year ago.
I live in San Diego, California. Yes, it appears he is saying in a veiled threat sort of way that if I don't return his niece's deposit on the day his niece moves out, even though I legally have 30 days to do so, he will report, (by getting my social security number and filing a 1099), that he's been paying me cash and that I haven't paid taxes on it.
Customer: replied 1 year ago.
If you are a Maryland lawyer, are you up on CA law?
Expert:  MDLawyer replied 1 year ago.

Your question mentioned a 1099 which is federal law, not CA law. Paying rent for his niece would not call for a 1099. Additionally, his taxes would have nothing to do with yours since you were not engaged in any business transactions with him. In other words, he did not hire you to do any work for his business. Thus, not only would he not have a reason to file a 1099 but he definitely does not need your Social Security number. If he wanted to report you to the IRS, he could do so without your SS number. It is obvious that he is simply trying to scare you. You are not legally required to return the security deposit on the day of move-out.

Customer: replied 1 year ago.
This is the portion of his text message that concerns me: "How come when it becomes our interest that is in question you go by the law and are asking to go by the rules and want a month to return the deposit, but where your interest is involved you want the rent only in cash. If that is the case, I need your social security number for a 1099 for my income expenses. It is my income expended and I have a right to claim it."
Customer: replied 1 year ago.
I always gave a receipt for the payment. What will happen to me if he reports me to the IRS? (I don't think I'll ever have a roommate again. People are crazy."
Expert:  MDLawyer replied 1 year ago.

Again, a 1099 is not given when one spends money. I spend my income on many things but I don't get a 1099 for every source. That's not how it works. A 1099 is for business expenses, not for paying your relative's rent. What he is talking about does not even make sense.

I had my share of bad roommate experiences back in the day and so I certainly empathize.

If the IRS audits you and finds that you failed to report income, you would be penalized by the IRS, pay fines and penalties and have to pay the taxes on the unreported income.

Expert:  MDLawyer replied 1 year ago.

Please let me know if that has answered your question. If it has, please be so kind as to leave a positive rating as that is the only way that we experts get credited for the time spent assisting you.

Customer: replied 1 year ago.
He believes it is educational expenses that are tax deductible while supporting his niece through her PhD program.
Expert:  MDLawyer replied 1 year ago.

If he were to try that, it would be he that would be in trouble with the IRS.