You can't do that with maintenance fees. That includes HOA dues or anything of the such too. Your maintenance fees and HOA dues are only deductible for the period of time it was classified as a rental and "in service". From what I see, you'll just be "sucking it" basically on those fees for 2016. Maybe you can talk with your lawyer and see if those can be included in any legal action you may be pursuing?
Now repair costs "do" and will add to your cost basis. But routine maintenance cost do not count for anything, if incurred prior to the in service date. But when it comes to repair costs, it's important to know the difference between a repair, and a property improvement. I've provided additional information in a separate post in this thread. You may want to print it and file it so you'll have it next year.
