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Personally owned property vs LLC Rental Question
Posted on 5/2/17 at 10:42 am
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 on 5/2/17 at 10:48 am to Htown Tiger
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.
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 on 5/2/17 at 11:17 am to Htown Tiger
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.
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