The 365 days refers to Days Available For Rent. If the property was available for rent but you were looking for tenants or making repairs/maintenance to a vacated property, it is still considered 365 days.
Per IRS Publication 527 Vacant rental property. If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant. However, you cannot deduct any loss of rental income for the period the property is vacant.
Per IRS Publication 527 Idle Property: Continue to claim a deduction for depreciation on property used in your rental activity even if it is temporarily idle (not in use). For example, if you must make repairs after a tenant moves out, you still depreciate the rental property during the time it is not available for rent.
The 365 days refers to Days Available For Rent. If the property was available for rent but you were looking for tenants or making repairs/maintenance to a vacated property, it is still considered 365 days.
Per IRS Publication 527 Vacant rental property. If you hold property for rental purposes, you may be able to deduct your ordinary and necessary expenses (including depreciation) for managing, conserving, or maintaining the property while the property is vacant. However, you cannot deduct any loss of rental income for the period the property is vacant.
Per IRS Publication 527 Idle Property: Continue to claim a deduction for depreciation on property used in your rental activity even if it is temporarily idle (not in use). For example, if you must make repairs after a tenant moves out, you still depreciate the rental property during the time it is not available for rent.