Investment property rental

[Chung11358]

If my rental home hasn't been collect rented in the last 16 months, Tenants live at the property don't want to pay rent and don't want to move out, still waiting for the court to evict. do I still have to claim it as an investment property? I have had no income from this property in the last 16 months. The property still have some depreciation and property taxes expense etc.

[Anonymous_ · Accepted solution]

You can still claim the property as being held for rental use (i.e., as rental property, deducting the same, typical rental expenses, including depreciation) since nothing has changed other than the tenants breaching the lease agreement as a result of nonpayment of rent.

[Chung11358]

On Turbotax question " Was this Property Rented for all of 2022? I should check box Yes, this property was rented all year.  Since I did not collect any Rent payment for 16 months.  Thanks

[Anonymous_]

Yes, if the property was actually rented or available for rent all year.