Canada - Ontario Tax tip #2 - for CCA highlights ( new class 52 at 100% depreciation allowed

Capital Cost Allowance – Depreciation- 100%- this means the full amount is deductible

A new class has been added Class 52-  This includes general purpose electronic data processing equipment, commonly called computer hardware and systems software for that equipment including ancillary data- processing equipment, acquired after January 27, 2009 and before February 2011.  The CCA rate is 1005 and the half year rule will not apply.  Further info on page 20 of the guide

Remember: Depreciation can only reduce your income to zero. It cannot produce a loss.
Another tip:  your car is one of your greatest assets that you can claim depreciation.  This will be covered in the future.
You can also claim depreciation on your building that you rent, but remember that the depreciation will have to be added to the sale price when your capital gains are calculated.  You may want to keep that last deduction as a last resort. 

Canada- Ontario Tax Tip # 1- What expenses can I declare?

Advertising

Property Insurance

Property Taxes

 Interest payments

Motor Vehicle expenses (not including CCA on vehicle)

                Gas, car wash, license renewal sticker , car insurance, car repairs, oil changes,

                 Drive clean test if required, tire repairs etc

Maintenance and repairs, such as electrical, plumbing, cleaning supplies

Office expenses,- paper supplies, toners and inkjet supplies,

Wages , benefits, including the employer’s share

Accounting and other professional fees and legal dues

Utilities if you are responsible for paying them such as heat, hydro, water

Travel expenses

Other expenses such as  filing fees for court proceedings relating to tenant problems

# 9 Florida- Do you have to pay sales tax on rental property?

Only transient properties are subject to sales tax.   That is properties that are rented on a daily, weekly or monthly basis are subject to taxes where there is no lease or the lease is for less than 6 months.  If you have a lease for longer than  six months, then no sales tax is payable.

The loss of homestead through rental. (Florida): An article from: Florida Bar Journal

Florida's unlimited homestead exemption does have some limits. (part 1): An article from: Florida Bar Journal

How to be a Successful Landlord in Florida: The secrets to avoiding legal hassles

Landlord and tenant: Residential leases : the law in Florida

Landlord and Tenant Law in Florida

#8 Florida- steps in filing an eviction

FILING AN EVICTION - Florida	Florida Landlord Tenant Law
Instructions for the Completion of a Landlord and Tenant Action (Chapter 83 Florida Statutes) NOTE: The forms used for filing an eviction for possession only, may be obtained from the Clerk of Courts. Step I. Three-Day Notice to Tenant(s) - The statutory, three-day Notice to Tenant(s) must be served by mail, hand delivered or posted prior to filing an Eviction Action. Step II. Paperwork and Filing Fee Needed for Filing Eviction After Giving Tenant(s) the Three-Day Notice

• Complaint for Tenant Eviction (form may be obtained from Clerk)
• Copy of the three-day, statutory Notice to Tenant (defendant)
• Lease/Rental Agreement (if applicable)
• Filing Fee of (Check with your County Clerk) in form of cash, check, MasterCard or Visa, certified check, or money order payable to (Check with your county clerk).
• Service of Summons Fee of $??.?? for each tenant (defendant) in form of check or money order and payable to SHERIFF OF YOUR COUNTY, plus a self-addressed stamped envelope with sufficient postage.
  
  
  Step III. Copies and Other Attachments - Make copies of all forms and related documents for your records.
  The following copies must be submitted with the documents from Step II:
  • Original Complaint for Tenant Eviction and two copies for each tenant (defendant). Please verify on the Complaint, the Eviction address, the apartment number and spelling of the street address for correctness, in order for the  County Sheriff's Office to serve the Five (5) day Summons without delay.
  • Copy of the Statutory Notice to Tenant and Lease/Rental Agreement, along with two additional copies for each tenant (defendant).
  • Two legal size (#10) envelopes for each tenant (defendant) and one for yourself (plaintiff). Envelopes must be addressed to each tenant (defendant), yourself (plaintiff) and contain sufficient postage to mail copies of the complaint, three-day notice, lease/rental agreement (if applicable) and summonses.
  Step IV. Filing and Service of Summons -  You may file your case with the Clerk of the Court either in person or by mail, at any of the locations listed. The clerk will handle the service of your Complaint only if the Eviction is in Palm Beach County.
  Fees:
  • Make sure to have cash, check, MasterCard or Visa, certified check, or money order payable to YOUR CLERK, Clerk & Comptroller, in the amount of $(Verify amount) and
  • Certified check or money order payable to the Sheriff of YOUR County in the amount of $20.00 (Verify Amount)
  Step V. What to Expect After Filing - Once you have filed your Complaint with the Clerk of Court, and after the other party (defendant) has been served, he or she has 5 (five) business days to respond to the Complaint, excluding the day the Summons is served, Saturdays, Sundays and Legal Holidays.
  You may contact the Clerk of Court, County Court Civil Division by telephone to verify if the tenant(s) has responded to the Complaint. If the Tenant(s) fails to respond, you may continue with the following steps:
  
  

  Step VI. Paperwork Required to Obtain Judgment for Eviction Motion for Default (form may be obtained from Clerk) Final Judgment (form may be obtained from Clerk) Step VII. Originals, Copies and Attachments One original completed Motion for Default. One original completed Final Judgment: one copy for each tenant (defendant) and one copy for yourself. One stamped legal size (#10) envelope for each tenant, and one stamped/addressed to you. NOTE: If the Tenant (defendant) does not vacate after Final Judgment has been entered, you will need to obtain a Writ of Possession from the Clerk. Step VIII. Obtaining a Writ of Possession Contact the Clerk in person or mail and request the issuance of the Writ of Possession. The Sheriff will require a fee of $(CHECK AMOUNT) for service of the Writ of Possession in form of check, cashiers check or money order, payable to SHERIFF OF YOUR COUNTY. Self-addressed stamped envelope. Completed Sheriff Information Sheet. (Form may be obtained from the Clerk). YOU SHOULD CONTACT THE  COUNTY SHERIFF'S OFFICE  FOR ADDITIONAL INFORMATION RE: THE WRIT OF POSSESSION OR OTHER SERVICES OR YOUR ATTORNEY Next:

  Do you have to pay sales tax on rental property?

  
  

# 7 Florida- How much notice period is Required?

83.03Termination of tenancy at will; length of notice.

—A tenancy at will may be terminated by either party giving notice as follows:

(1)Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period; ( this means 3 months prior to the end of the lease and not at any time)

(2)Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;

(3)Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

(4)Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

Next: Steps in filing an eviction

# 6 Florida- Non-payment of Rent- What can the Landlord do?

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If the tenant does not pay the rent or move, the landlord  may begin legal action to evict the tenant.

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, the tenant  will be notified in writing. The tenant will then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If  the tenant does not respond or a judgment is entered against  the tenant,  the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify the tenant  that eviction will take place in 24 hours.

Florida Law does not allow a landlord to force a tenant out by:

• Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;
• Changing the locks or using a device that denies the tenant access;
• Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
• Removing the tenant's personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or lawful eviction.

If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney's fees

Other evictions: 

Under certain circumstances, if the tenant has exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require the tenant to move with very little notice.

In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give the tenant an opportunity to remedy the problem and may terminate tenancy by giving the tenant a seven-day written notice.

Each eviction case is unique, so be sure to obtain legal advice. A landlord MAY NOT evict a tenant solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.

Next: How much Notice Period is required?

# 5 Florida- Access to the Premises by the Landlord

3.53

Landlord’s access to dwelling unit.

—

(1)The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2)The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a)With the consent of the tenant;

(b)In case of emergency;

(c)When the tenant unreasonably withholds consent; or

(d)If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3)The landlord shall not abuse the right of access nor use it to harass the tenant.

History.

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Next:  Non-Payment of Rent- What can the Landlord do?

#4 Florida- What is the responsibility of the Landlord?

The Landlord

Section 83.51(1), F.S.
The landlord's responsibilities will depend on the type of rental unit. The landlord of a dwelling unit at all times during the tenancy shall:

Section 83.51(1)(a)(b), F.S.

• Comply with the requirements of applicable building, housing and health codes; or
• Where there are no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads;
• Keep the plumbing in reasonably good working condition.

The landlord's obligations may be altered or modified in writing with respect to a single family dwelling or duplex.

Section 83.51(2)(a), F.S.
In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:

• Extermination of rats, mice, ants and wood destroying organisms and bed bugs.
  Locks and keys.
• Clean and safe conditions of common areas.
• Garbage removal and outside receptacles.
• Functioning facilities for heat during winter, running water and hot water.

Section 83.51(2)(b), F.S.
If the dwelling is a single-family home or duplex, a working smoke detection device.

This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.

Next:  Access to the Premises by the Landlord

# 3 Florida -Failure of Landlord to Maintain or Repair

83.201

Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.

—

When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.

Next: What is the responsibility of the Landlord?

# 2 Florida- Landlord can put a Lien on Renter's Belongings

83.08 Landlord’s lien for rent.

Every person to whom rent may be due, the person’s heirs, executors, administrators or assigns, shall have a lien for such rent upon the property found upon or off the premises leased or rented, and in the possession of any person, as follows:

(1)Upon agricultural products raised on the land leased or rented for the current year. This lien shall be superior to all other liens, though of older date.

(2)Upon all other property of the lessee or his or her sublessee or assigns, usually kept on the premises. This lien shall be superior to any lien acquired subsequent to the bringing of the property on the premises leased.

(3)Upon all other property of the defendant. This lien shall date from the levy of the distress warrant hereinafter provided.

83.09  Exemptions from liens for rent.

No property of any tenant or lessee shall be exempt from distress and sale for rent, except beds, bedclothes and wearing apparel.

Basically anything that the renter owns, such as a vehicle, appliances, furniture ( other than the actual bed), Television etc can have a lien placed on them.  It may be a good idea to get the renters VIN number on his/her vehicle or ownership when applying for rent. 

Next: Failure of Landlord to  Maintain or Repair

#1 Florida-- Double the Rent for refusal to leave?

Right to demand double rent upon refusal to deliver possession.

— Florida statute 83.06

(1)When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal representatives, may demand of such tenant double the monthly rent, and may recover the same at the expiration of every month, or in the same proportion for a longer or shorter time by distress, in the manner pointed out hereinafter.

(2)All contracts for rent, verbal or in writing, shall bear interest from the time the rent becomes due, any law, usage or custom to the contrary notwithstanding.

The above is the legal verbiage in the Florida Statute.  

Next: Landlord can put a Lien on Renter's Belongings