what type lawyer handles llc and residential real estate rental

by Mr. Kieran Braun 10 min read

What does a residential real estate attorney do?

Sep 04, 2020 · A residential real estate attorney handles matters related to single-family and multi-family homes. Some real estate lawyers handle transactions involving all types of real property. Other real estate law firms may focus on issues related to real estate taxes or setting up real estate LLCs. The services provided by real estate attorneys vary.

What does a housing attorney do?

Residential real estate lawyers handle cases in which residential real estate is involved. A residential real estate attorney can get you through all of the legal paperwork involved in residential real estate cases. In residential real estate cases, a residential real estate lawyer should be consulted for legal advice. Residential real estate law covers all aspects of home …

Should I hire a real estate attorney or real estate agent?

Mar 11, 2017 · Regardless of the specific type of legal issue you are facing as a landlord or tenant, it is likely that an experienced Pennsylvania real estate lawyer can help. Contact the real estate attorneys at Curley & Rothman, LLC by calling 610-834-8819 today to schedule your free consultation. Real Estate Previous

How can a landlord/tenant lawyer help me?

Sep 02, 2019 · How To Create Your Real Estate LLC. You can create your limited liability company with a few easy steps. Step 1: Consult a CPA and/or Attorney. While setting up an LLC is a fairly straightforward process, there can be a number of considerations that vary depending on your personal circumstances.

Why do you need an LLC for rental property?

There are so many benefits to creating a limited liability company for your rental property. Since protecting your investment is such an important goal in being a property owner, creating an LLC can help you reach that goal and protect you and your income from liability.

What is LLC in real estate?

In short, an LLC stands for limited liability company which is a corporate structure that can insulate its owners from the liabilities and debts of the company. Whether you’re the owner of a few single-family rental properties or 1,000 multifamily units, an LLC can protect you from, well, personal liability. But that’s only one reason ...

What happens if you own a rental property?

If you own rental property and a tenant files a lawsuit against you, the lawsuit could bring any number of personal assets into the case. However, if you create a real estate LLC, then the only assets at stake are those owned by the corporation itself. In other words, your rental property is the only asset at stake and not your personal finances.

How to transfer deeds to LLC?

It’s a fairly simple process to transfer deeds to an LLC. Step 1: Find your forms. You can do an internet search or go to your county recorder’s office to get your form s. As these forms vary from state to state, you’ll want to double-check the deed form you’re using is specific to your state.

How many members can an LLC have?

LLC owners are referred to as "members", and ownership can include one member or multiple members as required by your circumstances. There is no upper limit to the number of members.

How much does it cost to register an LLC?

Some allow you to file online, and others still require mailing it all in. Either way, you’ll pay an average filing fee of approximately $100 depending on your state when you submit your paperwork.

Is LLC a good option for real estate?

However, it’s generally true that LLCs are a great option for property owners because they’re less complicated to manage than a C or S Corporation while offering significantly greater legal protection than a sole proprietorship.

What is a landlord tenant attorney?

A landlord tenant attorney is one who specializes in the legal issues surrounding landlord and tenant rights and is a valuable resource for you when you need it most. Legal expertise can guide even the most prepared landlord through the challenges of managing your rental property.

What to do if landlord tenant attorney is not doing the job you expect?

If your landlord tenant attorney is not doing the kind of job you expect, don’t hesitate to seek out another one that may be a better fit. Whether the attorney is too hard to get ahold of or your personalities just don’t mesh, don’t get stuck with someone who is not meeting your needs one way or another.

Should I use an attorney to write a lease agreement?

It’s a wise idea to use an attorney to write your lease agreement so that it covers all your rights and stays compliant with local, state and federal law. Rather than download a generic lease agreement from the internet, work with the attorney to draft an agreement that specifically reflects your property and your expectations from a tenant.

Should landlords consult with an attorney?

Landlords should also consult with an attorney if they are ever being investigated for illegal discrimination, evicting a tenant, sued for injury, sued for damage to property, audited by the IRS, fighting slander or libel or anytime you are going to court (such as small claims court). While some landlords do navigate successfully through these legal issues, having a knowledgeable attorney by your side can prevent you from making mistakes that lead to more serious issues.

Why hire a landlord attorney?

Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

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What does LLC mean in rental property?

If you choose to use an LLC for your rental property, this means that your company will officially operate as the landlord, rather than you as the individual. This business structure will give you added personal liability protection, as well as additional benefits, such as a more professional business appearance.

Why use a limited liability company for rental property?

Using a limited liability company for a rental property business is a great way to protect your liability, get tax benefits, and gain other advantages for your business. Not only are your personal assets protected in the event of a lawsuit related to injury on your property, but you will also be able to keep any rental-related debts separate ...

What are the disadvantages of forming a rental company?

Another disadvantage is that forming a new company and all that comes with it can seem like a considerable amount of paperwork and additional organization for your rental property. However, taking these steps now can save you a lot of trouble in the future, should you end up facing a lawsuit or other issue.

What happens if you are sued for a rental property?

If you are sued because someone is injured on your rental property, including a guest of the tenant, then your personal assets are not necessarily protected as an individual landlord. Regardless of how small or insignificant the lawsuit may seem, it can be a costly process to defend your assets.

How to transfer title of rental property to LLC?

Open a bank account in the name of the LLC. If your rental homes are currently in your name, you will then need to file the appropriate deed—usu ally a quit claim deed —to transfer the title of the property to the LLC.

How to set up a rental company?

Once you register your LLC, there are a few basic steps you will need to take in order to set up your rental company, such as the following: Obtain a Tax Identification Number (otherwise known as an Employer Identification Number or EIN). Open a bank account in the name of the LLC. If your rental homes are currently in your name, ...

What happens if you keep your properties in separate LLCs?

If you are keeping the properties in separate LLCs, then a financially successful property likely has the income to support the loan.

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

What is housing law?

The term "housing" refers to arrangements regarding one’s living and residential status. It often refers to buildings that house multiple families, such as apartment complexes or other locations. Housing attorneys represent clients in matters related to residential property, especially those involving leases and rental agreements.

What are the issues that arise in housing disputes?

Most housing disputes revolve around major issues such as housing discrimination and equal opportunity housing. These may often require the assistance of an attorney, especially if federal or state violations are in question.

What is LLC in real estate?

LLCs have become one of the most popular business entity types for acquiring real estate. Owners often prefer to form an LLC when purchasing real estate—or when transferring title to real estate from an individual to the LLC—so that the LLC becomes the legal owner of record and not the individuals. To help you choose what's best for you, consider ...

What is the intangible benefit of owning and holding real estate in the name of an LLC?

An intangible benefit of owning and holding real estate in the name of an LLC is that it appears to the public to be more "businesslike," especially when advertising a property for lease to commercial or residential tenants.

Why do you put a title in an LLC?

Another reason to place a property title in the name of an LLC is that it gives you liability protection against monetary judgments if a financial dispute involving the LLC arises.

Can an LLC be sold?

An LLC can be sold through a relatively simple transfer of membership interests. The LLC's real estate will continue to be owned by the LLC but with new LLC members crewing the ship. Therefore, continuity is preserved, and the transfer is seamless.

Is real estate profitable?

Investing in real estate can be profitable. It also comes with potential risks. Whatever your reason for snatching up real estate, many individuals—particularly investors—choose to form a limited liability company (LLC). LLCs have become one of the most popular business entity types for acquiring real estate. ...

Is LLC income taxed at corporate level?

Any income earned by the LLC is not taxed at the corporate level ...

Is LLC income taxed?

Any income earned by the LLC is not taxed at the corporate level (as would be the case with a traditional corporation) but only at the individual level. Each LLC member reports the income on their individual federal income tax returns—usually on Schedule C.