Security Deduction - Landlord Forum thread 345116

Security Deduction by Gary (California) on May 23, 2016 @12:35

Hi Good morning, everyone.

The story is the master bed room toilet was found cracking and chips out at one location on the bottom of the toilet bowl, after tenant moved in for about 2 months. This caused leaking to down stair kitchen ceiling. Professional plumber diagnosed that it appears an object impacted on the bowl and caused the cracking. However tenant said they did not cause the crack / chip off of the toilet bowl. On top of the toilet tank, there was a cabinet that full of make-up bottles and other staff(professional report is available and I attached into my itemized deduction letter to tenants)

I deducted them the expense of water mitigation services $697, the car / gas expense per IRS 2014 guideline ($0.56/mile) since driving from my location to the rental property is 72 mile each way, I drove 8x times for fixing the leaking (cutting ceiling, wall, putting dry wall back, caulking and painting, replacing toilet and so on) totals 1152 miles, and I also deduct the warranty call $60. I attached all invoices and receipts in the itemized deduction.

This is not covered by warranty because it was caused by carelessness in using toilet.

I stated in my letter, saying I still reserve the right to claim loss of income for 8x working on the leaking.
Do you think it is reasonable for me to deduct that much, and do I have right to claim loss of income?

Please kindly let me know.
thank you very much

Gary
949-292-4891

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Re: Security Deduction by Melanie (CA) on May 23, 2016 @12:39	[ Reply ]

Ill offer my two cents. California is a liberal, tenant friendly state. I think youre on slippery slope with the toilet, and if before a judge, youd really tick him off with the IRS claim and wage deduction. I can almost guarantee that the judge will say that commuting to the rental is YOUR problem, not the tenants. Go for the toilet, and claim the mileage on your tax return.

Re: Security Deduction by Nicole (PA) on May 23, 2016 @13:38	[ Reply ]

I don't think (based only on common sense and no specific law) that any court would allow you $600ish dollars for vehicle expense.

Re: Security Deduction by Magic Mike on May 23, 2016 @14:43	[ Reply ]

You are an owner and self managing the property? You'll only be able to get the cost of materials. You'll never get a judge to pay you for your time. And it's not the tenant's fault that you needed to go there 8 times. You should have been able to fix it the first time out.

Re: Security Deduction

Re: Security Deduction by Garry (Iowa) on May 23, 2016 @16:10	[ Reply ]

I agree with the other 3. You can deduct the mileage on your tax return, but you cannot charge the Ts for it, only the materials. If you would have paid some else to drive those same miles, you could deduct that amount from the Ts deposit. Your driving is just a cost of being in the rental business. Its no different than if you only lived 1 mile away--would you really charge the Ts $9 for those 8 trips? Besides, look at it in reverse, from the IRS standpoint. The IRS will only allow you to take the$.56/mile if that amount came out of YOUR pocket. In your scenario, if it came out of the Ts deposit, YOU could not deduct it on your tax return. That would be fraud-----deducting miles that YOU didn't pay for. I think your T could take you to court, and have a 95% chance of winning on the mileage claim. About your last 2 sentences----what is the "loss of income" about? If you had to take off of working on another job, to travel to do those repairs, and therefore that was a loss of income, then NO, you cannot charge the T for that loss. Again , that would be the cost of being in the rental business.

Re: Security Deduction by Anonymous on May 23, 2016 @16:37	[ Reply ]

First - You should never be posting your telephone number on the internet for all to see. Second - You're looking to screw the tenant for a toilet that you cannot prove they damaged. "Professional plumber diagnosed that it appears an object impacted on the bowl and caused the cracking." Plumbers can diagnose PLUMBING problems. The fact that he is a professional plumber does not mean he was there to witness the toilet damage when it happened. His opinion doesn't hold water. "On top of the toilet tank, there was a cabinet that full of make-up bottles and other staff" So? They had items on the toilet. This didn't cause the damage. You're going to have a hard time pinning this $800 on the tenants.

Re: Security Deduction

Re: Security Deduction by Anonymous on May 24, 2016 @23:16	[ Reply ]

Are you deducting from the tenants security deposit before the tenants have vacated? That's illegal if that is what you're doing. You are destine to learn a very expensive lesson if you intend to charge the tenant for your nonsense deductions.