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I bought a condo as a residence. I never moved into the apartment and decided to rent it instead. I am now selling the condo and purchasing another. I am definitely moving in to this apartment. Can the sell and buy be considered the same type of apartment and be a 1031 Exchange?

My tenant moved into the apartment in August 2009. Since then he has bounced two checks, not paid his security (the check bounced) and has not paid his rent on time for two of the three months since the beginning of the 2-year lease. I need to take action now or it may continue for the...