Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Insurance
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 6 years ago,

User Stats

2
Posts
0
Votes
Sean Salazar
0
Votes |
2
Posts

Property in personal name but rental agreement via LLC?

Sean Salazar
Posted

I have a property with an accessory apartment (I live in the main house) and 2 investment homes that I want to rent out... the properties are in my personal name but I want to make the rental agreement with three seperate LLC's that are subsidiaries of a NYS S-corp that is taxed as personal so everything would flow to a schedule E, so im not doing this for liability purposes but to streamline banking and record keeping processes on each property. I have mortgages on all the properties and the lenders will not allow a title transfer to LLC's even if personally guaranteed.

Since I cannot transfer title to LLC I have $1MM liability on each homeowners policy and they know I will be renting. I would like to add another $3MM personal umbrella. All of the leases have indemnification clauses but I would like to protect my assets as best as I can with this structure as it is. (yes I learned my lesson and will purchase the next property differently)

My question is....will the my personal umbrella insurance protect me personally in the event of a loss related to the rental in excess of the homeowners policy if the lease and the rent is collected by the LLC. The umbrella policy specifically has no endorsements for "business activities" and the properties are located in New York. Would this be considered a "business activity" if I use the LLC?

Loading replies...