Legal Question in Real Estate Law in Oregon
rental properties
I have several rental properties and want to know if creating LLC's for them would offer me a good amount of liability protection? Also, I want to creat protection for the properties from liabilties from my own LLC business, if this is the right direction I should be going?
3 Answers from Attorneys
Re: rental properties
Yes and Yes. Remember to insure the property under the name of the LLC.
Re: rental properties
Forming separate LLC's to own and operate separate rental properties is commonly done and makes sense from both a limitation of liability and an accounting standpoint.
Bear in mind however, that an LLC does not avoid all personal liability. If you personally do something that causes another harm, you can be held personally liable, even if the act was part of your duties on behalf of the LLC. Also, if you personally guarantee an LLC obligation, you will be personally liable for the obligation no matter what. There are other nuances too.
Still, the LLC idea you mention is a good one that does provide "a good amount of liability protection." It is not, however, something that solves all potential liability problems down the road.
Best of luck.
Very truly yours,
Re: rental properties
Make sure that after forming your LLCs (whether each property is seperate or all the apartments are contained in one) that you follow the formalities in maintaing the LLCs.
Mainly, sign your all your contracts (with vendors, contractors, tenants, etc) as the managing member and have your agents sign in the name of the LLC.
Also keep your annual registration current, keep annual minutes, and don't commingle assets.
Forming the LLC can be the easy part, whether you're in the habit of running it as one may decide whether a plaintiff or creditor will be able to "pierce the veil" and reach some of your other assets.
It's certainly worth doing, but it will take extra work to keep it up.