Tenant lease break, penalty & tax implications

Tenant lease break, penalty & tax implications

Member since 2021 · 87 posts · 41 votes

We have a tenant that was signed to a lease through Feb. of 2023. They have decided to break that lease and pay out the remainder of the lease in a lump sum. In the state the property resides in, we have a duty to mitigate. So if a suitable tenant is located within the lease window, we must pro-rate that lump sum penalty and kick it back to the previous tenant (we cannot double rent the property). If we are unable to locate a suitable tenant, then we will have received the equivalent of two additional rent payments in 2022 that should have been received in 2023 (Jan, Feb). These rent payments are sizeable and they will have an effect on our tax planning for the year (we will outstrip depreciation now). We do retain a property management company and after asking them, they must distribute the lump sum to us upon receipt (they cannot hold it off until 2023). Anyone out there have experience with a similar scenario? We are trying to see if there is a path for delaying receipt of the 2023 money so that our tax planning can stay intact. Any guidance offered would be greatly appreciated. Thank you.

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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
3y

@William C. not sure why your PMC can't hold the funds?

We've done it several times and actually WILL NOT disburse a lump sum to an owner, we will only disburse as future rents are earned. Besides this being correct per accounting requirements, we also do NOT want to have to chase an owner for a refund if something happens requiring a refund to a tenant.

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  • Drew SygitBusiness Member
    Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
    3y

    @William C. not sure why your PMC can't hold the funds?

    We've done it several times and actually WILL NOT disburse a lump sum to an owner, we will only disburse as future rents are earned. Besides this being correct per accounting requirements, we also do NOT want to have to chase an owner for a refund if something happens requiring a refund to a tenant.

  • Property Manager · Huntsville, AL · Member since 2017 · 302 posts · 246 votes
    3y

    I agree with @Drew Sygit. This is considered pre-paid rent, and it can not be disbursed to you for future months.  The property management company should hold it and disburse to you monthly.

  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @William C.:

    1. I agree with the others. Rent is not earned until the month it is charged. Your PM should hold the payment, apply it to the rent charges each month, and that's when you earn it. If a replacement tenant is found December 15th, then any funds remaining after December 15 should be refunded.

    2. You can avoid this with a well-written termination agreement. I require Tenants to give me 30 days written notice and pay a termination fee equal to one month of rent. Over 80% of them happily pay it. Then I have 30 days to market before the current renters even leave. In most cases, I find a replacement tenant to occupy 1-2 weeks after the original tenant moves out, which leaves me with extra income from the termination fee. It's a win-win.

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  • Member since 2021 · 87 posts · 41 votes
    3y

    Thank you all for the thought out replies. I did take this information to my PM company to request the rent payments be distributed as they are charged, but my attempt was unsuccessful. They ended up paying me out the full distribution. Their statement was simply that is how they have always handled these situations in the past. Based on current calculations we will outstrip depreciation/expenses and will have a tax bill for 2022 (if all stays the same). That being said, we are not giving up on this one. We are aware we can find a big ticket item in need of repair/replacement and have that taken care of in 2022, to help our tax situation. Any other ideas for ways we can object to the PM company to help them better understand the situation? Thanks in advance for any ideas that can be offered.

  • Susan ManganBusiness Member
    Property Manager · Rockville, MD · Member since 2021 · 11 posts · 5 votes
    3y

    All they had to do was to keep the funds in their trust account, and list it as prepaid rent, and then make a journal entry each month for the appropriate amount. Now if you get a new tenant in there, they'll have to ask you for funds back. Ask them if they follow NARPM (National Association of Residential Property Managers) standards. If they don't - ask them why not? 

  • Basit SiddiqiBusiness Member
    Accountant · New York, NY · Member since 2015 · 8k+ posts · 3k+ votes
    3y

    not sure why property management companies are providing tax advise when it is incorrect...

    Prepaid rent is considered income
    Read constructive receipt regarding hold-back by a property management company.

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