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All Forum Posts by: Tony H.

Tony H. has started 2 posts and replied 5 times.

Quote from @Theresa Harris:

The fact that she came back saying you were racist rather than something like 'oh no I put down my email address by mistake'-which I can see happening, says something.  I'm curious if it was an email address with the landlord's name (which clearly suggests you were being misled) or something like fluffybunny?

Exactly. The boyfriend somehow cant understand my explanation. I showed him the proof and he insist that she was not and that i was racist to her.
I’m shocked to see that from someone who works in a professional setup. His boss also spoke highly of him of having good character.
I told him, if it was just him, he would have moved in already. The girl is the problem. 
He is the one paying the rent though. But I dont really care, both need to pass my criterias.

The email address is has no landlord’s name. Just random.

Just sharing a story here.

I approved a tenant (boyfriend girlfriend with 3 kids) to rent our home.

I did all of the due diligence including checking landlord references. 
the girlfriend put a certain email address in the apllication as landlord reference contact. She also put a phone number.

I did a quick search and confirmed the phone number is correct. Their landlord also replied back to the email quickly. 

I offered them a lease, few hours later after some technology hiccups, she forwarded an email to me with that same email address she used for her landlord reference.

I immediately told them this is fraud and cancelled their lease. I didnt sign anything yet.

Now they are threatening lawsuit. They said I am racist 😀 

If I am racist, I wouldnt have offered a lease from the start. 

Whats funny is, I reached out to their landlord by text message. He confirmed the email that the girl provided is not his email. She knows this. The landlord told her the same thing. Yet she still says I am crazy and racist.

Wow! Im glad they didnt move in. It would have been much worse nightmare.

Quote from @Nathan Gesner:

Chris nailed it! Buy the property in your personal name and get an umbrella insurance policy for protection. Less complicated, cheaper, easier.

An LLC is useful for two things: anonymity and legal protection. In most cases, neither is warranted.

Warning: I am not an attorney, and this can be a complicated topic. Please note the information provided below is a layman's definition designed to provide a basic understanding for the general audience. You should consult an attorney or CPA for your specific situation.

ANONYMITY: When you create the LLC, your name is recorded on the documents and published on the Secretary of State's website for all to see. So you're not completely anonymous. If you want to be completely anonymous, you can use a Registered Agent. The Registered Agent will record the documents on your behalf so only their name and information appear on the documents. I've done this with my properties because I'm well known in my small town and don't want people to know what I own.

LEGAL PROTECTION: By placing your assets in an LLC, you are legally separating them from your personal assets. If someone injures themselves and sues, they will be suing the LLC and not you personally. If your insurance coverage isn't enough, they could seize the LLC assets, but not your personal assets.

Additional thoughts:

1. An LLC is not free. You can spend as little as $100 to form an LLC, or you could use an attorney and spend $1,000 or more. There are also additional costs of operating and maintaining an LLC, like separate bank accounts, annual report filings, tax filings, etc.

2. There are rules to follow! If you fail to follow the rules, you may open your personal assets to a lawsuit. An example of this would be mixing your personal money and LLC money in the same bank account.

3. You do not need a separate LLC for each property or a series LLC! Don't make your life more complicated than it has to be. Most professionals will recommend a separate LLC for every $1 million in assets but I don't think that's necessary. In my case, I have residential rentals in one LLC, commercial properties in another, self storage in a third, and my real estate company operates in a fourth. Some have more than $1 million in equity while others have less.

4. The need for an LLC is grossly exaggerated on BiggerPockets and other websites. Have you ever heard of a Landlord being sued by a Tenant and losing property? I've been on this board since 2010 and haven't found an example yet. You've probably heard of big Landlords losing property, but only because they were flagrantly violating Fair Housing, running a slum, or otherwise violating the law in an egregious manner. You are more likely to be struck by lightning twice. The vast majority of lawsuits against Landlords are for wrongful eviction, security deposit disputes, and Fair Housing Violations. Your primary insurance policy with $300,000 in liability coverage should be sufficient in 99.999% of all lawsuits.

5. The best protection for you and your investments? Know and obey the law. I manage around 400 rentals with 14 years of experience and have never been sued once. Even if I were sued, I document everything and obey the law, so I won't be found guilty. Even if I were found guilty, the cost would be in the thousands, not in the millions. Insurance would cover it, I would pay the deductible, and no assets would be lost.

If you are in an area like San Diego where people are more likely to sue, a judge is more likely to find you guilty, and the payout is expected to be higher, you may consider an umbrella insurance policy. This policy will provide additional coverage above what your existing policy covers. It's easy to obtain, costs very little, and doesn't require extra, on-going effort to maintain.

Wow @Nathan Gesner thank you so much on all this.

I appreciate it.

Quote from @Adam Bartomeo:

Most people will get the loan and then quit claim it over to the LLC. Lenders don't like giving loans to unproven entities, so, getting the loan is very difficult.

This is exactly what I am going through. I was told this is the way.
However, on a property that I bought 2 years ago, the mortgage note says that if I transfer the deed over to LLC without their permission, they may demand full payment of the loan immediately.

I am now trying to get them to give me something in writing that it is okay to transfer the deed to LLC.

As for insurance, my broker says the LLC cant be the policy holder, otherwise, lender will foreclose on me. LLC can be added as Additional insured party. Does this sound right?

thanks everyone!

Hi BP,

I have done readings on LLC setup for rental properties. I am now confused as I kept seeing different ways people do things. I have consulted with 2 different CPAs before and they told me 2 different ways.

We currently own 1 rental in a Trust and in the process of getting another.


I wanted to put the newly acquired property in its own LLC. But keep getting push back from Lender, and insurance (mainly lender). I can understand their concern, but I know people have done this. I just dont know how people do it.


Can someone shed some light?

Also, I am leaning towards having separate LLCs for each one for better liability protection. I dont mind the extra bookkeeping. However, I want to avoid issues acquiring more properties under LLC in the future.

An idea to avoid this, is to setup an LLC property management company that manages these properties held in Trust. How much of liability protection is this setup give me?

And if anyone know a local sacramento real estate attorney, please let me know. THanks,