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Personally owned property vs LLC Rental Question

Posted on 5/2/17 at 10:42 am
Posted by Htown Tiger
Houston
Member since Sep 2005
2312 posts
Posted on 5/2/17 at 10:42 am
Question for any real estate gurus: If I own a piece of property under my name (since the bank wouldnt loan the money to a newly established LLC), can I still rent it under the LLC name? Meaning, I just want the rent agreement to be between the renter and the LLC vs the renter and myself. I doubt it really does anything for me from a liability protection standpoint, I just personally would prefer the LLC name on the rental agreement instead of my own. Can I do that?
Posted by atom1505
Member since Aug 2016
284 posts
Posted on 5/2/17 at 10:48 am to
In order for your LLC to serve as the lessor in your scenario, it would have to have some rights to the property such that it had the power to do so. Based on what you've said here, it does not, and any lease executed by the LLC would be invalid. In other words, the LLC cannot rent something it does not own, or to which it has no right to sublease. So, no.

eta: it is plausible to have an LLC act as a property manager for you, but you would need an agreement establishing such relationship and the rights granted to the "property manager," and understand that it does not shield you from personal liability considering that you own the property personally. Your LLC could also lease the property from you personally, then sublease elsewhere, but I would say this is more trouble than what it's worth.

The state in which the property is located may require the LLC to hold a real estate license in order to act as a property manager, so keep that in mind as well.

In short, this is a question you should run by your attorney and CPA, as it involves both legal and tax issues. Good luck.
This post was edited on 5/2/17 at 11:08 am
Posted by Htown Tiger
Houston
Member since Sep 2005
2312 posts
Posted on 5/2/17 at 11:02 am to
Thanks atom. Good advice and good to know. I think I may investigate this property manager solution and see if I can just get something drafted up to establish those rights. I do understand that it wont shield me from anything (I'll have an umbrella policy anyway), it was more of just not having my name on the agreement (though it probably doesnt mean too much in the grand scheme of things). Thanks!
Posted by hawkeye007
Member since Feb 2010
5853 posts
Posted on 5/2/17 at 11:17 am to
i run into this all the time and there is a simple solution. go to a title company and donate your interest in the property to your LLC. Then you can rent the property in the name of your LLC. your personal credit secured the loan but your LLC owns and is liable for the property. i have investors that i work with that do this almost on a monthly basis with homes they buy. also you never want a home loan in the name of an llC. it would be a commercial loan at that point and commercial loans are horrible terms compared to a residential mortgage.
Posted by atom1505
Member since Aug 2016
284 posts
Posted on 5/2/17 at 11:25 am to
While possible, this also implicates a myriad of other issues. Particularly, assuming you borrowed money to purchase the property, I would be shocked if the provisions of your loan (particularly your due on sale clause) did not prevent such a transfer, even by warranty deed or quitclaim. Secondly, you'll likely run into title insurance issues which would need to be cleared with your title insurer.

There are numerous reasons why it is advisable to own rental properties under the umbrella of an LLC. There are also numerous reasons why it is beneficial to own rental properties personally. The difference in terms between residential and commercial loans are not "horrible," and at a certain point, you have no choice.

Again, all of these questions should be pitched to your attorney.
This post was edited on 5/2/17 at 11:29 am
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