2020 Publication

Total Page:16

File Type:pdf, Size:1020Kb

2020 Publication Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 8 Draft Ok to Print AH XSL/XML Fileid: … tions/P527/2020/A/XML/Cycle03/source (Init. & Date) _______ Page 1 of 27 10:37 - 29-Jan-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publication 527 Cat. No. 15052W Contents What’s New .................. 1 Department of the Residential Reminders ................... 2 Treasury Internal Introduction .................. 2 Revenue Rental Service Chapter 1. Rental Income and Expenses (If No Personal Use Property of Dwelling) ............... 2 Rental Income .............. 2 (Including Rental of Rental Expenses ............. 3 Chapter 2. Depreciation of Vacation Homes) Rental Property ............. 5 The Basics ................ 6 Special Depreciation Allowance .... 8 MACRS Depreciation .......... 8 For use in preparing Claiming the Correct Amount of Depreciation ............ 12 Returns Chapter 3. Reporting Rental 2020 Income, Expenses, and Losses ................. 12 Which Forms To Use ......... 12 Limits on Rental Losses ........ 12 At-Risk Rules ........... 13 Passive Activity Limits ...... 13 Casualties and Thefts ......... 14 Example ................. 14 Chapter 4. Special Situations ...... 14 Condominiums ............. 15 Cooperatives .............. 15 Property Changed to Rental Use ... 15 Renting Part of Property ........ 16 Not Rented for Profit .......... 16 Example—Property Changed to Rental Use ............. 16 Chapter 5. Personal Use of Dwelling Unit (Including Vacation Home) ............ 17 Dividing Expenses ........... 17 Dwelling Unit Used as a Home .... 18 Reporting Income and Deductions ............. 19 Worksheet 5-1. Worksheet for Figuring Rental Deductions for a Dwelling Unit Used as a Home ................ 20 Chapter 6. How To Get Tax Help .... 23 Index ..................... 26 Future Developments For the latest information about developments related to Pub. 527, such as legislation enacted after it was published, go to IRS.gov/Pub527. Get forms and other information faster and easier at: What’s New • IRS.gov (English) • IRS.gov/Korean (한국어) Excess business loss limitation. The excess • IRS.gov/Spanish (Español) • IRS.gov/Russian (Pусский) business loss limitation under section 461(l) has • IRS.gov/Chinese (中文) • IRS.gov/Vietnamese (TiếngViệt) been retroactively repealed and will not apply for 2020. Jan 29, 2021 Page 2 of 27 Fileid: … tions/P527/2020/A/XML/Cycle03/source 10:37 - 29-Jan-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Tax-free exchange of rental property oc- Form (and Instructions) casionally used for personal purposes. If 4562 4562 Depreciation and Amortization Reminders you meet certain qualifying use standards, you Net Investment Income Tax (NIIT). You may may qualify for a tax-free exchange (a like-kind 5213 5213 Election To Postpone Determination be subject to the NIIT. NIIT is a 3.8% tax on the or section 1031 exchange) of one piece of as To Whether the Presumption lesser of net investment income or the excess rental property you own for a similar piece of Applies That an Activity Is Engaged of modified adjusted gross income (MAGI) over rental property, even if you have used the rental in for Profit property for personal purposes. the threshold amount. Net investment income 8582 8582 Passive Activity Loss Limitations may include rental income and other income For information on the qualifying use stand- Schedule E (Form 1040) Supplemental from passive activities. Use Form 8960 to figure ards, see Revenue Procedure 2008-16, Schedule E (Form 1040) Income and Loss this tax. For more information on NIIT, go to 2008-10 I.R.B. 547, available at IRS.gov/irb/ IRS.gov/NIIT. 2008-10_IRB#RP-2008-16. For more informa- Photographs of missing children. The Inter- tion on like-kind exchanges, see chapter 1 of nal Revenue Service is a proud partner with the Pub. 544. National Center for Missing & Exploited Comments and suggestions. We welcome Children®(NCMEC). Photographs of missing your comments about this publication and sug- children selected by the Center may appear in gestions for future editions. this publication on pages that would otherwise 1. be blank. You can help bring these children You can send us comments through home by looking at the photographs and calling IRS.gov/FormComments. Or, you can write to 800-THE-LOST (800-843-5678) if you recog- the Internal Revenue Service, Tax Forms and Rental Income nize a child. Publications, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Although we can’t respond individually to and Expenses (If Introduction each comment received, we do appreciate your feedback and will consider your comments and Do you own a second house that you rent out suggestions as we revise our tax forms, instruc- No Personal Use all the time? Do you own a vacation home that tions, and publications. Do not send tax ques- you rent out when you or your family isn't using tions, tax returns, or payments to the above ad- it? dress. of Dwelling) These are two common types of residential rental activities discussed in this publication. In Getting answers to your tax questions. This chapter discusses the various types of most cases, all rental income must be reported If you have a tax question not answered by this rental income and expenses for a residential on your tax return, but there are differences in publication or the How To Get Tax Help section rental activity with no personal use of the dwell- the expenses you are allowed to deduct and in at the end of this publication, go to the IRS In- ing. Generally, each year you will report all in- the way the rental activity is reported on your re- teractive Tax Assistant page at IRS.gov/ come and deduct all out-of-pocket expenses in turn. Help/ITA where you can find topics by using the full. The deduction to recover the cost of your Chapter 1 discusses rental-for-profit activity search feature or viewing the categories listed. rental property—depreciation—is taken over a in which there is no personal use of the prop- prescribed number of years, and is discussed in erty. It examines some common types of rental Getting tax forms, instructions, and pub- chapter 2. income and when each is reported, as well as lications. Visit IRS.gov/Forms to download some common types of expenses and which current and prior-year forms, instructions, and If your rental income is from property are deductible. publications. ! you also use personally or rent to Chapter 2 discusses depreciation as it ap- CAUTION someone at less than a fair rental price, Ordering tax forms, instructions, and first read chapter 5. plies to your rental real estate activity—what publications. Go to IRS.gov/OrderForms to property can be depreciated and how much it order current forms, instructions, and publica- can be depreciated. tions; call 800-829-3676 to order prior-year Chapter 3 covers the reporting of your rental forms and instructions. The IRS will process Rental Income income and deductions, including casualties your order for forms and publications as soon and thefts, limitations on losses, and claiming as possible. Do not resubmit requests you’ve In most cases, you must include in your gross the correct amount of depreciation. already sent us. You can get forms and publica- income all amounts you receive as rent. Rental Chapter 4 discusses special rental situa- tions faster online. income is any payment you receive for the use tions. These include condominiums, coopera- or occupation of property. It isn’t limited to tives, property changed to rental use, renting Useful Items amounts you receive as normal rental pay- only part of your property, and a not-for-profit ments. rental activity. You may want to see: Chapter 5 discusses the rules for rental in- come and expenses when there is also per- Publication When To Report sonal use of the dwelling unit, such as a vaca- tion home. 463 463 Travel, Gift, and Car Expenses When you report rental income on your tax re- Finally, chapter 6 explains how to get tax turn generally depends on whether you are a 523 523 Selling Your Home help from the IRS. cash or an accrual basis taxpayer. Most individ- 534 534 Depreciating Property Placed in ual taxpayers use the cash method. Sale or exchange of rental property. For in- Service Before 1987 formation on how to figure and report any gain Cash method. You are a cash basis taxpayer or loss from the sale, exchange, or other dispo- 535 535 Business Expenses if you report income on your return in the year sition of your rental property, see Pub. 544. you actually or constructively receive it, regard- 544 544 Sales and Other Dispositions of Assets less of when it was earned. You constructively Sale of main home used as rental prop- receive income when it is made available to erty. For information on how to figure and re- 547 547 Casualties, Disasters, and Thefts you, for example, by being credited to your port any gain or loss from the sale or other dis- bank account. position of your main home that you also used 551 551 Basis of Assets as rental property, see Pub. 523. Accrual method. If you are an accrual basis 925 925 Passive Activity and At-Risk Rules taxpayer, you generally report income when 946 946 How To Depreciate Property you earn it, rather than when you receive it. You Page 2 Chapter 1 Rental Income and Expenses (If No Personal Use of Dwelling) Page 3 of 27 Fileid: … tions/P527/2020/A/XML/Cycle03/source 10:37 - 29-Jan-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. generally deduct your expenses when you incur can deduct that same amount as a rental ex- If you use the accrual method, see Pub.
Recommended publications
  • Financial and Economic Terms Dean Mccorkle and Danny Klinefelter*
    EAG- 035 February 2017 Risk Management Series Financial and Economic Terms Dean McCorkle and Danny Klinefelter* General Accounting and Financing flow budget can be compared to the state- ment Terms of cash flows periodically to determine if, when, and where the actual cash flows vary significantly Generally accepted accounting principles from the budgeted amounts. (GAAP) — Concepts, philosophies and Cash flow statement — a financial statement procedures that guide accounting practices that shows the dollars flowing in and out of the and standards for different industries, but business. The cash flow statement is usually not a precise set of accounting rules. Several divided into operating, investing and financing authoritative organizations and boards of the activities. Cash flows are usually presented by the accounting profession are sources of GAAP, week, month, quarter or year for each income and the most authoritative being the Financial expense category. This statement is particularly Accounting Standards Board (FASB). valuable for analyzing the management of cash in Pro forma statements — a financial statement the business. or presentation of data that represents financial Liquidity — the ability of the business to performance based on projections of events and generate sufficient cash to meet total cash conditions. Examples are a pro forma balance demands without disturbing the on-going sheet and a pro forma income statement. operation of the business. Cash and Cash Flow Terms Net cash flow from operations — the amount Cash — cash and funds in checking accounts, of cash available after cash operating expenses are savings accounts and certificates of deposit. It subtracted from cash operating income. is generated by business sales and other receipts Repayment capacity — measures the ability to minus cash operating expenses, debt payments, repay debt from both farm and non-farm income.
    [Show full text]
  • Guide to Renting and Leasing Digital
    LIVING OFF CAMPUS: GUIDE TO RENTING AND LEASING STEP 1: STEP 3: KNOW YOUR BUDGET REVIEW YOUR LEASE Before you begin your search process, do some Once you find the place you want to live, research and create a budget for yourself. Costs complete a walkthrough and review the details of to consider include: the lease. You must make sure that all occupants Rent: A good rule of thumb is to put no more sign the lease. Be sure to look for each of these than 30 percent of your monthly income things in your lease: toward rent. Lease commitment Security deposit and move-in fees: Some Rent amount apartments will require these fees. As you Security deposit begin your search, seek out what these fees Utilities look like at various properties. Repairs Utilities: Your monthly rent might not include Pets utilities. If utilities are not included in rent, Number of occupants you will need to budget for Omaha Public Extended leave Power District (OPPD) and Metropolitan Utilities List of furnishings and appliances District (MUD). Laundry: Learn how much laundry costs and whether the machines are in your unit, within STEP 4: the property, or not on the property at all. Parking: If you own a vehicle, check to see if the ESTABLISH YOUR TIMELINE property chrages for a parking spot. If you’re looking to live in a house with other Food and groceries: If you have had a meal people, note that: plan for the past two years and do not plan Creighton students typically begin on purchasing one while living o campus, searching for housing in October.
    [Show full text]
  • Farm Building Rent Presentation
    Building Rent What’s a Fair Value? Ken Bolton UW‐Extension Center For Dairy Profitability Arriving at a Fair Rental Value • For whom? • Landlord? • Renter? • Both? – High/Low approach Arriving at a Fair Rental Value Landlord Renter • High • High – Out –of‐pocket costs, PLUS – Full ownership cost – Annual ownership costs • Low • Rate of return on Investment – Less than • Low (Out Of Pocket) • Taxes – Taxes • Insurance – Insurance • Repairs – Repairs? Arriving at a Fair Rental Value • Full ownership cost – Actual costs for • Taxes‐ (1‐1.5% of building’s market value) • Insurance‐ (0.5‐1.0% “) • Repairs‐ (1.0‐1.5% “) ‐PLUS‐ • Capital Recovery Charge (CRC) – Depreciation (0‐5%) – Interest on investment‐ CD rate Arriving at a Fair Rental Value • What’s a Building Worth? – Market value – Insured value – Assessed value – Appraised value – Replacement cost MINUS depreciation – Contributory value • Farm value‐land value Real Estate Tax Bill Arriving at a Fair Rental Value • “Improvements” – House‐ 4 bedroom, finished basement built 1996 – Shop‐ 40’ X 60’, 4‐ season built 2004 – Pole barn ‐ 40’ X 60’ built 2004 Arriving at a Fair Rental Value • “Fair” market Value • Using The Real Estate Tax Bill – Assessed value of Improvements ‐ value of improvements not to be rented= value building to be rented – $274,700 – ($214,700 house + 50,000 shop) = • $10,000 pole barn – 40’ X 60”= 2400 ft.2 = $4.17/ft.2 Arriving at a Fair Rental Value • Real Estate Tax Bill, continued – $10,000 building value X 2.5% (taxes, insurance, repairs) = • $250 – $10,000 building value X 3% (depreciation) = • $300 – $10,000 building value X 1% (hopeful CD rate) = • $100 – Total ($250 + 300 + 100) = • $650/year/ $54.17/month (add value of technology) • $250 min.
    [Show full text]
  • Long-Term Leases: Rent Reset Analysis
    Peer-Reviewed Article Long-Term Leases: Rent Reset Analysis by Tony Sevelka, MAI, SRA, AI-GRS Abstract A provision for resetting rent is often found in long-term leases, with the objective being to periodically analyze the value attributed to the leased real estate. The property rights to be valued at each rent reset depend on the language of the lease, especially the rent reset clause. The lack of specificity associated with use of the term market value has led to questionable application of the term in rent resets. Inconsistent interpretations of a lease can lead to divergent opin- ions of value. Sometimes rent resetting provisions have no connection to the terms of the lease or the actual property rights; this may result in situations where it is difficult to apply conventional appraisal methods. This article summarizes and discusses a sample of rent reset cases and explores creative valuation solutions to rent reset valuation challenges. Introduction rent reset is dictated by the provisions of the lease, and the lease usually calls for arbitration if Rent reset clauses are typically found in long- the landlord and tenant are unable to negotiate a term leases for land (unimproved or improved).1 new rent within a specified time frame. A lease is “a contract in which the rights to use A rent reset analysis for a land lease has the and occupy land, space, or structures are trans- same objective as for a space lease—quantifying ferred by the owner to another for a specified a new rent—unless the land lease only calls for a period of time
    [Show full text]
  • So… You Wanna Be a Landlord? Income Tax Considerations for Rental Properties
    So… you wanna be a landlord? Income tax considerations for rental properties November 2020 Jamie Golombek & Debbie Pearl-Weinberg Tax and Estate Planning, CIBC Private Wealth Management Considering becoming a landlord? You’re not alone. According to recent a CIBC poll, more than one in four Canadian homeowners are either already landlords (15%) or plan to earn rental income (11%) by renting out space in their primary residence or from a separate rental property. And, nearly two in five (37%) homeowners say they’d opt for a home with a source of rental income if buying a home today. While there are many financial and legal issues to consider as a landlord, make sure that you don’t overlook tax considerations of earning rental income. Whether you’re purchasing a residential or commercial property for the purpose of leasing it out, or you are considering renting your home or part of your home, this report highlights some of the more common tax issues you should consider before taking the plunge! Rental property or business? The first question you need to consider is whether the rental income you earn will be treated as income from property (i.e. investment income) or as income from a business, since each has different tax implications. When you rent out real estate, your income is treated as property income if you provide only basic services, such as utilities (e.g. light and heating), parking and laundry facilities. If you provide additional services, such as cleaning, security and / or meals, then it may be considered a business.
    [Show full text]
  • Section 471.--General Rule for Inventories
    1 Part I Section 471.--General Rule for Inventories 26 CFR 1.471-3: Inventories at Cost. (Also '' 61; 111; 472; 1.472-2.) Rev. Rul. 2001-8 ISSUE What is the proper method of accounting for payments made or received with respect to “floor stocks”? BACKGROUND A floor stocks provision, which applies to a designated type of goods held in inventory (floor stocks) on a particular date (the “floor stocks date”), is sometimes enacted in conjunction with a tax, change in tax rate, or subsidy that is imposed upon similar goods purchased or produced on or after that date. The purpose of a floor stocks provision is to ensure that all goods sold on or after the floor stocks date are subjected to the same total amount of tax or subsidy, regardless of whether the items sold were goods held as floor stocks on the floor stocks date or goods purchased or produced after that date. This equal treatment is achieved by imposing with respect to goods held on the floor stocks date an amount, to be either paid or received, that will serve to eliminate any differential in total tax or subsidy that would otherwise exist relative to goods subsequently purchased or produced. The Internal Revenue Service, in two previous revenue rulings, has addressed the proper tax treatment of payments received with respect to floor stocks. Rev. Rul. 2 88-95, 1988-2 C.B. 28, and Rev. Rul. 85-30, 1985-1 C.B. 20, generally provide that payments received with respect to floor stocks should be treated as either an item of gross income or a reduction in inventory, depending on whether the cost of the goods to which the payments relate remains in ending inventory under the taxpayer’s cost flow assumption.
    [Show full text]
  • Overview of the SWISS TAX SYSTEM
    OVERVIEW OF THE SWISS TAX SYSTEM 10.1 Taxation of Corporate Taxpayers ...................................... 109 10.2 Tax Rate in an International Comparison ........................ 112 10 10.3 Taxation of Individual Taxpayers ..................................... 113 10.4 Withholding Tax ................................................................ 116 10.5 Value Added Tax................................................................ 117 10.6 Other Taxes........................................................................ 120 10.7 Double Tax Treaties .......................................................... 121 10.8 Corporate Tax Reform III .................................................. 121 10.9 Transfer Pricing Rules....................................................... 121 Image Tax return, stock image The Swiss tax system mirrors Switzerland’s federal struc- 10.1 TAXATION OF CORPORATE TAXPAYERS ture, which consists of 26 sovereign cantons with 2,352 10.1.1 Corporate Income Tax – Federal Level independent municipalities. Based on the constitution, all The Swiss federal government levies corporate income tax at a flat rate of 8.5% on profit after tax of corporations and cooperatives. cantons have full right of taxation except for those taxes For associations, foundations, and other legal entities as well as that are exclusively reserved for the federal government. As investment trusts, a flat rate of 4.25% applies. At the federal level, no capital tax is levied. a consequence, Switzerland has two levels of taxation: the
    [Show full text]
  • Level 1 & Common Space
    TOWNHOUSE WEST LEVEL 1 & COMMon SPAce LAUNDRY WINE CELLAR ft2 m2 ft2 m2 Wine Cellar 2 Powder Rooms WashER/Dryer Recreation Room Private Gym Yoga Room Sauna 1 Bathroom INTERIOR AREA ft2/ m2 SAUNA RECREATION ROOM ft2 m2 EMR N COURTYARD GREENWICH WASHINGTON LEROY PRIVATE GYM YOGA ROOM ft2 m2 ft2 m2 CONTACT 212.123.4567 T: Terms and conditions All dimensions are approximate and subject to normal construction variances and tolerances. Ro dolorepudit ad que et quas aut eum reribus, occuptat.Si temolut imagnis in nobis nectistem E: [email protected] esecea plabori qui bearuptur si tem quam elist, cum rest, optaspel int laborei untist, acestrunto esseque nobit landus, odis estium quae nemquam sedi il intenim illautas et abore nulland ignatet modiorrovit, sitatis earum ipis mod qui dit eossimpor aciet faccustemolo voleces totaque venis raeruntem as aris amnimillat voluptat porehen dundus volectia inihil millupt atatusc itibus et et venis re poriaest, aboreria voluptatur re 601washington.com mintem qui occum quatiur, sandi testias etur aliatent untius nim vellacepro quias dolorpos eaquis mossiti occus ate volumque pro volum sundi rero minvendae poreicid exero dolorem idem iliquides dipiet, ut au- TOWNHOUSE WEST LEVEL 2 entrY KITChEN DINING & LIVING ROOM 1 POWDER ROOM Southwest Exposure WAShINGTON & LEROY VIEWS FOYER KITChEN ft2 m2 INTERIOR AREA ft2 m2 ft2/ m2 SAUNA COURTYARD ft2 m2 DINING/LIVING ROOM ft2 m2 N COURTYARD GREENWICH WASHINGTON LEROY CONTACT T: 212.123.4567 Terms and conditions All dimensions are approximate and subject to normal
    [Show full text]
  • ASSESSMENT of the POTENTIAL ROLE of LIVE/WORK DEVELOPMENT in CENTERS
    JULY 2004 ASSESSMENT of the POTENTIAL ROLE of LIVE/WORK DEVELOPMENT in CENTERS JULY 2004 ASSESSMENT of the POTENTIAL ROLE of LIVE/WORK DEVELOPMENT in CENTERS Delaware Valley Regional Planning Commission Created in 1965, the Delaware Valley Regional Planning Commission (DVRPC) is an interstate, intercounty and intercity agency that provides continuing, comprehensive and coordinated planning to shape a vision for the future growth of the Delaware Valley region. The region includes Bucks, Chester, Delaware and Montgomery counties, as well as the City of Philadelphia in Pennsylvania and Burlington, Camden, Gloucester and Mercer counties in New Jersey. DVRPC provides technical assistance and services; conducts high priority studies that respond to the requests and demands of member state and local governments; fosters cooperation among various constituents to forge a consensus on diverse regional issues; determines and meets the needs of the private sector; and practices public outreach efforts to promote two-way communication and public awareness of regional issues and the Commission. Our logo is adapted from the official DVRPC seal and is designed as a stylized image of the Delaware Valley. The outer ring symbolizes the region as a whole, while the diagonal bar signifies the Delaware River. The two adjoining crescents represent the Commonwealth of Pennsylvania and the State of New Jersey. DVRPC is funded by a variety of funding sources including federal grants from the U.S. Department of Transportation’s Federal Highway Administration (FHWA) and Federal Transit Administration (FTA), the Pennsylvania and New Jersey departments of transportation, as well as by DVRPC’s state and local member governments.
    [Show full text]
  • Gross Income Eligibility Chart
    BUS PASS INFORMATION GROSS INCOME ELIGIBILITY CHART House- Gross Income Gross Income Gross Income Bus Pass hold size* Per Week Per Month Per Year Price $322 or less $1,396 or less $16,744 or less No Charge 1 $323 through $459 $1,397 through $1,986 $16,745 through $23,828 Reduced Price $460 or more $1,987 or more $23,829 or more Full Price $436 or less $1,888 or less $22,646 or less No Charge 2 $437 through $620 $1,889 through $2,686 $22,647 through $32,227 Reduced Price $621 or more $2,687 or more $32,228 or more Full Price $549 or less $2,379 or less $28,548 or less No Charge 3 $550 through $782 $2,380 through $3,386 $28,549 through $40,626 Reduced Price $783 or more $3,387 or more $40,627 or more Full Price $663 or less $2,871 or less $34,450 or less No Charge 4 $664 through $943 $2,872 through $4,086 $34,451 through $49,025 Reduced Price $944 or more $4,087 or more $49,026 or more Full Price $776 or less $3,363 or less $40,352 or less No Charge 5 $777 through $1,105 $3,364 through $4,786 $40,353 through $57,424 Reduced Price $1,106 or more $4,787 or more $57,425 or more Full Price $890 or less $3,855 or less $46,254 or less No Charge 6 $891 through $1,266 $3,856 through $5,486 $46,255 through $65,823 Reduced Price $1,267 or more $5,487 or more $65,824 or more Full Price $1,003 or less $4,347 or less $52,156 or less No Charge 7 $1,004 through $1,428 $4,348 through $6,186 $52,157 through $74,222 Reduced Price $1,429 or more $6,187 or more $74,223 or more Full Price $1,117 or less $4,839 or less $58,058 or less No Charge 8 $1,118 through $1,589 $4,840 through $6,886 $58,059 through $82,621 Reduced Price $1,590 or more $6,887 or more $82,622 or more Full Price * Household Size refers to the number of people living in the same house, condominium, apartment, etc.
    [Show full text]
  • Ph6.1 Rental Regulation
    OECD Affordable Housing Database – http://oe.cd/ahd OECD Directorate of Employment, Labour and Social Affairs - Social Policy Division PH6.1 RENTAL REGULATION Definitions and methodology This indicator presents information on key aspects of regulation in the private rental sector, mainly collected through the OECD Questionnaire on Affordable and Social Housing (QuASH). It presents information on rent control, tenant-landlord relations, lease type and duration, regulations regarding the quality of rental dwellings, and measures regulating short-term holiday rentals. It also presents public supports in the private rental market that were introduced in response to the COVID-19 pandemic. Information on rent control considers the following dimensions: the control of initial rent levels, whether the initial rents are freely negotiated between the landlord and tenants or there are specific rules determining the amount of rent landlords are allowed to ask; and regular rent increases – that is, whether rent levels regularly increase through some mechanism established by law, e.g. adjustments in line with the consumer price index (CPI). Lease features concerns information on whether the duration of rental contracts can be freely negotiated, as well as their typical minimum duration and the deposit to be paid by the tenant. Information on tenant-landlord relations concerns information on what constitute a legitimate reason for the landlord to terminate the lease contract, the necessary notice period, and whether there are cases when eviction is not permitted. Information on the quality of rental housing refers to the presence of regulations to ensure a minimum level of quality, the administrative level responsible for regulating dwelling quality, as well as the characteristics of “decent” rental dwellings.
    [Show full text]
  • 1400 Co Ownership and Condominium
    1400 CO-OWNERSHIP AND CONDOMINIUM Marshall E. Tracht Associate Professor, Hofstra University School of Law © Copyright 1999 Marshall E. Tracht Abstract Co-ownership refers to legal relations in which two or more entities have equal rights to the use and enjoyment of property. Co-ownership relationships may satisfy the preferences of some owners, and predefined categories of co-ownership, as opposed to contractually defined relations, may allow parties to satisfy these preferences at relatively low cost. However, shared ownership results in coordination and externality problems, which the law attempts to mitigate in numerous ways, including judicial oversight of ‘reasonableness’ (as in the law of waste) or fiduciary duties; ending the co-ownership relation (through the right of partition) or providing rules that seek to optimize the joint decision-making process (such as compulsory unitization). A major area of growth in shared ownership is in condominium developments, where entities own some property individually, while co-owning common facilities. This permits parties to take advantage of economies of scale and the joint provision of common goods. Condominium arrangements are governed by a combination of contract, statute and judicial law, and typically include democratic decision-making structures intended to minimize the sum of decision-making costs (gathering information, voting, and bargaining) and the cost of erroneous decisions. JEL classification: K11, P32, H41 Keywords: Cotenancy, Co-ownership, Condiminium, Cooperative, Communal Ownership 1. Introduction Co-ownership refers to legal relationships that entitle two or more entities to equal rights to the use and enjoyment of property. Although it most often arises in the context of real property, co-ownership may apply to any type of property.
    [Show full text]