Is it a rental ??

[sccofer]

What is the name of your state? Colorado

I inheritied my fathers residence in 2005 when he passed away. One of his requests was that his then girlfriend be allowed to remain in the residence rent free. The attorney that handled the estate setup an agreement that she would be able to remain in the house rent free for 5 years, she signed a lease, etc. The lease reflects $0 annual rental payments.

My question is can I still treat this property as a rental and take advantage of all of the tax benefits that accrue? I know there has to be an effort made to rent and there are issues if the rent charged is below the average rent for your area. Worst case I guess would be I can only deduct property taxes paid but not homeowners insurance, depreciation, etc...

Next question - I have recently paid said individual a sum of money and in return she has terminated the lease agreement and has moved out of the residence. Can I deduct the early lease termination payment I made to her from my income?

Any help greatly appreciated, thanks!

 

[LdiJ]

What is the name of your state? Colorado

I inheritied my fathers residence in 2005 when he passed away. One of his requests was that his then girlfriend be allowed to remain in the residence rent free. The attorney that handled the estate setup an agreement that she would be able to remain in the house rent free for 5 years, she signed a lease, etc. The lease reflects $0 annual rental payments.

My question is can I still treat this property as a rental and take advantage of all of the tax benefits that accrue? I know there has to be an effort made to rent and there are issues if the rent charged is below the average rent for your area. Worst case I guess would be I can only deduct property taxes paid but not homeowners insurance, depreciation, etc...

Next question - I have recently paid said individual a sum of money and in return she has terminated the lease agreement and has moved out of the residence. Can I deduct the early lease termination payment I made to her from my income?

Any help greatly appreciated, thanks!

It sounds more like she had a life estate in the property rather than an actual lease. You really should take all of the paperwork involved and go get a consult with a local tax professional, who can read through the paperwork and give you an informed response.