[Texas] Can I live in a 5 unit commercial MFH?

[Texas] Can I live in a 5 unit commercial MFH?

Member since 2021 · 52 posts · 15 votes

Hello all. I've come across a 5 unit 1 bed 1 bath property that is commercially zoned. I spoke to lenders to try to acquire a loan on it but they said I cannot purchase a 5 unit+ and live in it as my primary residence. Their answer as to why? 

"It's just not done. Fannie and Freddie loans are generally for 1-4 unit properties." This blanket answer does not satisfy me but it is the same one I got from 3 different lenders.

I understand everything over 4 units is considered commercial, but is there any way I can use this 5 unit as my primary residence and rent out the other 4 units?

Could I rent out all 5 for a year then move into a unit once there's a vacancy?

Should I try working with different lenders that are closer to the location of the property instead of big bank lenders?

What are my options here?

Thanks in advance for your input.

-Andrew Vedder, Texas Resident. 

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
4y
Is there a reason you are shying away from a commercial loan?  You cannot get a conventional loan on a 5-unit and Fannie and Freddie typically don't lend to small apartments.  That said, plenty of banks provide commercial loans for small apartments.  

You could go buy a 100 unit apartment and live in one.  That would make it your "personal residence".  However, you'll have to talk to a CPA about whether your 5 unit would qualify for the typical homeowner tax incentives.  I suspect it would not, nor would a 100 unit apartment.
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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    4y
    Is there a reason you are shying away from a commercial loan?  You cannot get a conventional loan on a 5-unit and Fannie and Freddie typically don't lend to small apartments.  That said, plenty of banks provide commercial loans for small apartments.  

    You could go buy a 100 unit apartment and live in one.  That would make it your "personal residence".  However, you'll have to talk to a CPA about whether your 5 unit would qualify for the typical homeowner tax incentives.  I suspect it would not, nor would a 100 unit apartment.
  • Member since 2021 · 52 posts · 15 votes
    4y

    @Greg 

    Thanks for your response. I suppose there isn't a reason why I haven't gotten a commercial loan. I have the 20% down that is required. I suppose I have some work to do and should contact a commercial loan officer. 

    What benefits do you think I'd be missing out on that a residential property would get? 

    Do you know if I could roll this 5 unit into a 1031 if I were to use it as my residence? 

    These are questions I intend to ask a CPA but first I need to find one. Thank you for pointing me in the right direction. 

    -Andrew Vedder 

  • Dave FosterBusiness Member
    Qualified Intermediary for 1031 Exchanges · St. Petersburg, FL · Member since 2013 · 9k+ posts · 9k+ votes
    4y

    @Andrew Thomas Vedder, You would be able to 1031 the portion of the units that were used for investment.  Your accountant will set up the allocations.  In this case probably 80% of the property would be eligible for a 1031.  and 20% would be eligible for the primary residence exclusion.  So some tax free and the rest tax deferred.  Not bad is it!!!

    The 1031 Investor5137 Reviews
  • Member since 2021 · 52 posts · 15 votes
    4y
    Originally posted by @Dave Foster:

    @Andrew Thomas Vedder, You would be able to 1031 the portion of the units that were used for investment.  Your accountant will set up the allocations.  In this case probably 80% of the property would be eligible for a 1031.  and 20% would be eligible for the primary residence exclusion.  So some tax free and the rest tax deferred.  Not bad is it!!!

    Wow! That's great information. Truly not bad at all. Thank you! 

  • Contractor · OH · Member since 2021 · 25 posts · 14 votes
    4y

    @Andrew Thomas Vedder

    I think you can use a 203k fha loan as long as 51% is your living area/business area, atleast this is the case on mixed use commercial. If you have 4 regular units all attached and then 1 big penthouse suite on top it might qualify especially since stairways and common areas count toward the 51% of space towards owner occupied.

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