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Is this a legal eviction and can I report him to thr irs?

Salisbury, NC |

Im renting from an in-law. This person did not report to the irs that they were using the house as a rental property. I paid rent from feb 09 to mar 11. I didnt get receipts everytime but i do have some as well as those that the state have on file. I stopped paying rent because the house needs alot of work its not insulated, one room had a serious mold issue that was resolved now another one is having issues. The furnace dont work so we use electric heaters which we can only use on low because the electricity is not up to par. Now my landlord is threating to give me a 30 day notice because I havent paid rent. Can I report him to the irs for failure to report income and can legaally evict me without going through the court system? I live in the state of NC.

Attorney Answers 3


  1. Under North Carolina law, you can't stop paying rent because the house is in bad shape. Depending upon the terms of any lease you may have signed, tenants can almost always be evicted for non-payment. Eviction is done in small claims or civil court, and the eviction order would be used to force you to move out. The landlord has a legal responsibility to keep the home habitable, including major systems like heat and plumbing being kept in good running order. To protect yourself, document in writing to the landlord that repairs are needed, and send the written notice certified mail to prove you have sent it. You still need to pay rent, but you can ask for a reduction or abatement of rent if the repairs are not made. As far as the IRS goes, I don't know the full details of the situation, but you can report anything you wish to them. Consider if you contributed to the illegailty you suspect, and also how your relationship with the inlaws will go forward. Also, you would benefit from talking to an attorney in your area in more detail about your situation.

    Answers on avvo are for educational and informational purposes only and do not establish an attorney-client relationship. Please contact an attorney personally if you need legal representation.


  2. I agree with previous attorney. To report to the IRS, you can use form 211. I have provided a link. You may be eligible for a reward at the discretion of the IRS. Be careful, however. Did you contribute to the unreported income by encouraging such action (i.e. did you offer to pay in cash providing an incentive not to report). Also, how do you know for sure that the person did not report the income to the IRS. Many people brag about cheating just to look "bad" but may not be doing it for real.

    Marty Davidoff, emd@taxattorneycpa.com, 732-274-1600. This answer is provided for general information only. You should seek advice from an attorney or tax professional.


  3. I assume when you used the word landlord you are also referring to your in-law? You cannot control the IRS and they will not involve themselves with your rent problem. The eviction is entirely separate and one problem is not interested in the other. You won't get any leverage and it could get a lot worse. Go to a lawyer in NC about your eviction problem and forget about involving the IRS. It will only aggrevate things. Do you have really have the time and money to pursue this with the IRS? Do you still want the in-law as your landlord even if you prevail in the rent matter?

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