Kicked out for no SSN.

[quincy]

Depending on where in Florida you live, you might also qualify for some rent relief. Speak to the attorney you contact about that.

 

[HectorK]

I am paying taxes under my nices SSN.

The landlord says that I am illegal and that I am committing a crime. My lease says that I am not allowed to commit crime.

 

[quincy]

I am paying taxes under my nices SSN.

The landlord says that I am illegal and that I am committing a crime. My lease says that I am not allowed to commit crime.

Ignore your landlord and seek legal assistance.

 

[Taxing Matters]

I am paying taxes under my nices SSN.

You need to fix this. Paying your taxes under your niece's SSN can result in criminal charges, like filing a false return, perjury, etc. It might also result in identity theft charges if the niece is unaware of what you are doing. And since the record of paying taxes goes to your niece and not you, that means you'll have no record of paying taxes yourself to claim any future immigration relief that you may otherwise be entitled to and you aren't building up any Social Security credits, either. It is, however, possible to fix this to avoid those problems. See if you can find a tax attorney to discuss the tax issue with that will help you pro bono (meaning free or at low cost). In addition to the links for legal resources quincy gave you earlier, I'll also give you a link to the Florida bar's pro bono resources page. It's important in this case to talk to a tax attorney rather than any other tax professional because with the lawyer you get the benefit of attorney confidentiality and the attorney-client privilege that protects what you disclose to the attorney. You do not get that protection from other kinds of tax professionals.

The landlord says that I am illegal and that I am committing a crime. My lease says that I am not allowed to commit crime.

That clause is not likely to refer to being in this country without legal authorization or to the potential tax/identity theft issues you have. Those things don't impact the landlord's interests in his property. Those kinds of clauses are generally meant to apply to criminal activity you conduct out of the home like growing or selling illegal drugs, prostitution, etc.

 

[quincy]

... That clause is not likely to refer to being in this country without legal authorization or to the potential tax/identity theft issues you have. Those things don't impact the landlord's interests in his property. Those kinds of clauses are generally meant to apply to criminal activity you conduct out of the home like growing or selling illegal drugs, prostitution, etc.

^^^ Agreed. The clause is a standard clause in leases.

 

[LdiJ]

You need to fix this. Paying your taxes under your niece's SSN can result in criminal charges, like filing a false return, perjury, etc. It might also result in identity theft charges if the niece is unaware of what you are doing. And since the record of paying taxes goes to your niece and not you, that means you'll have no record of paying taxes yourself to claim any future immigration relief that you may otherwise be entitled to and you aren't building up any Social Security credits, either. It is, however, possible to fix this to avoid those problems. See if you can find a tax attorney to discuss the tax issue with that will help you pro bono (meaning free or at low cost). In addition to the links for legal resources quincy gave you earlier, I'll also give you a link to the Florida bar's pro bono resources page. It's important in this case to talk to a tax attorney rather than any other tax professional because with the lawyer you get the benefit of attorney confidentiality and the attorney-client privilege that protects what you disclose to the attorney. You do not get that protection from other kinds of tax professionals.



That clause is not likely to refer to being in this country without legal authorization or to the potential tax/identity theft issues you have. Those things don't impact the landlord's interests in his property. Those kinds of clauses are generally meant to apply to criminal activity you conduct out of the home like growing or selling illegal drugs, prostitution, etc.

He can easily get an ITIN number to file taxes under his own name. He does not need a tax attorney (or any attorney) for that. He just needs an IRS ITIN acceptance agent. He can get a list of those here:

Acceptance Agent Program | Internal Revenue Service (irs.gov)

 

[Taxing Matters]

He can easily get an ITIN number to file taxes under his own name. He does not need a tax attorney (or any attorney) for that.

The OP can get the ITIN himself, sure. But that's just the first step. There is a lot more to be done here. The OP has evidently given his/her employer a W-4, USCIS Form I-9, and perhaps other tax or immigration documents with his/her niece's SSN. The employer has done withholding and perhaps filed W-2 forms with that incorrect SSN. The OP may have also filed one or more tax returns using the niece's SSN (or giving the OP's income info to the niece to add into her return). Those problems needs to be fixed, and should be addressed well before the employer and IRS find out about it. That's not a good do it yourself project. And any admissions the OP makes about the misuse of the SSN to someone other than an attorney can be used against the OP. Thus, consulting some other tax pro in this circumstance is not a good idea. There are instances where tax attorneys are the tax pro that's needed, and this is one of them.

 

[quincy]

ANY attorney should be able to direct HectorK to the proper attorney who can handle this mess. It is far too complicated for an Internet forum to be of much help, at any rate.

 

[LdiJ]

The OP can get the ITIN himself, sure. But that's just the first step. There is a lot more to be done here. The OP has evidently given his/her employer a W-4, USCIS Form I-9, and perhaps other tax or immigration documents with his/her niece's SSN. The employer has done withholding and perhaps filed W-2 forms with that incorrect SSN. The OP may have also filed one or more tax returns using the niece's SSN (or giving the OP's income info to the niece to add into her return). Those problems needs to be fixed, and should be addressed well before the employer and IRS find out about it. That's not a good do it yourself project. And any admissions the OP makes about the misuse of the SSN to someone other than an attorney can be used against the OP. Thus, consulting some other tax pro in this circumstance is not a good idea. There are instances where tax attorneys are the tax pro that's needed, and this is one of them.

I don't know how familiar you are with the proceedures regarding filing a tax return using an ITIN, however, every person who works as a standard employee in the US and is an undocumented worker, works under either a fake SSN or someone else's SSN. The SSN that they are working under is reported on their tax return (filing under their ITIN). That reporting is used to resolve any issues regarding SS credits under the SSN that does not belong to them. It also fixes the problem of additional income showing up under someone else's SSN. They themselves, of course are not entitled to any SS credits that otherwise might have been earned because they are undocumented. The IRS does not share that information with any other government agency nor do they prosecute an undocumented worker who uses an SSN that does not belong to them as long as they are filing taxes using an ITIN.

I do agree that they should resolve the past issues, however doing so with their employer will cost them their job as no employer will hire them without an SSN so that isn't something that is fixable. I do agree that consulting with a tax attorney regarding any tax returns that were filed under the niece's name or income included on the niece's return is in order.

 

[HectorK]

I have been a good tenant at my place for 8 years. I have always paid my rent on time. My old landlord is from Mexico and was very understanding. My new landlord is from the UK and very strict.

This is what the new landlord wrote:


Dear Mr. x,

Thank you very much for sending us the tenant information form. Thank you for the additional clarifications.

We understand that you have no SSN and no ITIN. You also told us that you are illegal in the US.

Your current lease runs till 12/31/21, and we will honor that lease. However, please understand that it is our policy not to rent to illegal immigrants. Therefore we will not renew your lease.

We strongly advise you to contact an immigration lawyer to sort out your situation asap.

Kind Regards

 

[quincy]

I have been a good tenant at my place for 8 years. I have always paid my rent on time. My old landlord is from Mexico and was very understanding. My new landlord is from the UK and very strict.

This is what the new landlord wrote:


Dear Mr. x,

Thank you very much for sending us the tenant information form. Thank you for the additional clarifications.

We understand that you have no SSN and no ITIN. You also told us that you are illegal in the US.

Your current lease runs till 12/31/21, and we will honor that lease. However, please understand that it is our policy not to rent to illegal immigrants. Therefore we will not renew your lease.

We strongly advise you to contact an immigration lawyer to sort out your situation asap.

Kind Regards

That was good advice given by your new landlord as to contacting an immigration lawyer. I think you should do the same.

The new landlord’s “policy,” however, appears to run afoul of U.S. laws which, if he is from the U.K., he should familiarize himself with before he gets sued.

 

[PayrollHRGuy]

Let's also keep in mind there is nothing to stop the new LL from calling ICE and saying. Hey

 

[quincy]

Let's also keep in mind there is nothing to stop the new LL from calling ICE and saying. Hey

In a few states, the landlord could get into trouble if he does that.

 

[PayrollHRGuy]

In a few states, the landlord could get into trouble if he does that.

Where is it illegal to report a possible crime?

 

[quincy]

Where is it illegal to report a possible crime?

New York for one, I believe.