Leasing rental prior to forming a legal entity

Leasing rental prior to forming a legal entity

Member since 2019 · 18 posts · 5 votes

I have two questions about leasing a SFH that I hold in my personal name (because I recently purchased it as a replacement property for a 1031 exchange in which the relinquished property - a vacant lot - was held in my name) but will soon be transferring into an LLC.

I was told by my closing attorney that I should wait "a couple of months," at least until after the new year, to transfer the title into the LLC in order to avoid any tax implications. I don't know if this is actually necessary.


My first question: Is there a certain length of time I need to keep the property in my name for the 1031 to remain valid?


I have a tenant moving in 1-4-20. If I lease the property in my name I would likely have to get a new lease agreement signed when the title is transferred to the LLC.


My second question: Is there some clause I can put in the lease, such as "and or assigns," that would allow me to assign the contract to the LLC at a later date, without having to get a new lease signed after the title is transferred?


If anybody has any experience with a similar situation or advice on how best to handle this I would greatly appreciate it. 

Thanks in advance and happy holidays.

Seleem

0Reply
35 views

4 Replies

Jump to latestLatest
  • Member since 2019 · 226 posts · 107 votes
    6y
    First, my advice is don't tempt fate when it comes to IRS laws.  People do get caught up in them, and it's expensive....real expensive.  You're gambling with your business.  Second..sign a three month lease that doesn't have a month to month clause.  Give yourself enough time to transfer.  It could get ugly if you hold a mortgage in your name, so be prepared for a three or four month ironing out period.  Until the t's and c's are all complete on your side of the transaction, you're exposing yourself to problems if the lease isn't with the correct party.
  • Rental Property Investor · TN · Member since 2018 · 2k+ posts · 2k+ votes
    6y

    I know nothing at all about LLCs, but can suggest something for the lease situation.

    Sign the one year lease same as usual. Put into the lease that the lease is assignable or transferable. When the property is moved into the LLC then inform the tenant that the lease was assigned or transferred to the LLC and future payments go there.

  • Member since 2019 · 18 posts · 5 votes
    6y

    @darylluc I agree I don't want to trigger any taxable event. I also don't want to keep the rental in my personal name longer than I have to, for liability purposes. There may not be any other option accept to wait a bit, transfer the title when appropriate, then get a new lease signed. Thanks for your input.

  • Member since 2019 · 18 posts · 5 votes
    6y

    @lynnetteE this is similar to what I was thinking. I wasn't sure if a lease could be assigned or transferred. I realize you can do this with other types of contracts (like a purchase agreement). 


    Does anybody else have any experience doing this or something similar with a SFH lease agreement?

Join the conversationCreate a free account to reply, vote on answers and follow this thread.