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re: Personally owned property vs LLC Rental Question
Posted on 5/2/17 at 10:48 am to Htown Tiger
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 11:02 am to atom1505
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!
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