Do I need an LLC for my rentals?

Question

Hi, to all. I'm wondering if is necessary to have an LLC to rent a house here in San Antonio, Tx. In addition I heard that is better having one LLC for each property and one for management only. Can someone help me to get in track on this? Thank You.

Philip Barr · Answer

Typically, it is best to have an LLC own a rental property to limit liability from reaching you or your other assets. Real estate is a high-risk asset when it comes to liability, and nowadays, plaintiffs' attorneys can bring large lawsuits against you that go beyond the value of the property itself or insurance payments. I like to think of compartmentalizing liability like limiting a flood on a naval ship. There are compartments to seal off to prevent the flood from reaching vital areas of the ship and sinking it. Same thing with liability, you want to place the rental property in an LLC to prevent liability stemming from it reaching you or your other assets that you have obtained and built. In Texas, you can set up a Series LLC and have each series under the parent LLC own a rental property in Texas if you have several. It is a great, cost-effective way to achieve asset protection.

Brian T Bradley · Answer

Great question! Texas is one of the most landlord-friendly states, but proper asset protection is still essential to avoid legal and financial risks.

Do You Need an LLC to Rent a Property in San Antonio?

No, you don’t need an LLC to rent a property, but owning rental properties in your personal name is risky. If a tenant sues you for injuries, habitability claims, or property-related disputes, your personal assets (home, savings, investments) could be exposed.

📌 Example: If a tenant slips and falls and sues for $500,000, a judgment could come after your personal wealth if the property is in your name. With an LLC, only the assets inside the LLC are at risk, not everything you own.

Why One LLC Per Property is a Stronger Strategy

Many investors use one LLC per property to separate liabilities and prevent one lawsuit from affecting their entire portfolio.

✔ Each property is legally isolated—a lawsuit against one doesn’t affect the others.

✔ It limits exposure—creditors can’t go after assets held in other LLCs.

✔ Easier to sell or finance properties separately.

🔹 Alternative: Some investors group multiple properties in one LLC for simplicity, but this increases risk—if one lawsuit hits, all properties in that LLC could be exposed.

Why an Asset Management Limited Partnership (AMLP) is a Better Choice for Management

Instead of using a separate management LLC, a stronger structure is to place all your rental LLCs under an Asset Management Limited Partnership (AMLP).

✔ The AMLP centralizes control—you manage your properties from one entity without personally owning them.

✔ It provides an extra liability firewall—the AMLP owns the LLCs, preventing direct lawsuits against you.

✔ Keeps operations separate from property ownership—reducing legal risks from tenant disputes.

✔ Strongest legal structure in Texas—LLCs roll up into the AMLP, keeping your name off public records.

📌 Best Setup for Maximum Protection in Texas:

1️⃣ Each rental property in its own LLC – Shields assets from each other.

2️⃣ An Asset Management Limited Partnership (AMLP) – Owns the LLCs and manages them, keeping liability separate.

3️⃣ Bridge Trust® for high-net-worth investors – If you scale up, this structure protects your entire portfolio from lawsuits.

Final Takeaway

While an LLC isn’t required to rent a property, it’s one of the best ways to protect yourself from lawsuits. If you plan to build a portfolio, using one LLC per property + an Asset Management Limited Partnership (AMLP) for management creates stronger asset protection while keeping liability separate from ownership.

Don’t forget to team this up with having insurance and an umbrella policy.

Daniel Hyman · Answer

Forming an LLC for your rental property can offer liability protection, but no real tax benefit. Financing might be a challenge.

I would recommend consulting with a attorney, loan officer, and CPA to discuss your specific situation and determine the best course of action.

Also, keep in mind that if you do form an LLC, you'll want to keep these under your EIN, not your SSN.

• Bank Account
• Credit Card
• Title
• Loan
• Bookkeeping Ledger

Jana S. · Answer

Yes! Yes and here: https://www.sos.state.tx.us/corp/forms/205_boc.pdfImagine if someone slipped in the snow today. Now, they are angry. Clearly they have to sue someone. You want them to only be able to go after that one property that didn't have clean sidewalks. Not the other ones, and def not you personally.

Ashish Acharya · Answer

@Jason Lopez You don’t need an LLC to rent out a house in San Antonio, TX, but it can provide liability protection by separating your personal assets from your rental property. For a single property, a strong umbrella insurance policy may offer sufficient protection at a lower cost. If you plan to grow your portfolio, consider setting up separate LLCs for each property to shield them from liabilities tied to others, though this adds complexity and costs.

In Texas, there’s no state income tax on rental income, but LLCs have formation and annual fees.

This post does not create a CPA-Client relationship. The information contained in this post is not to be relied upon. Readers should seek professional advice.

Justin Brickman · Answer

Highly recommend Umbrella Insurance ^

Brian T Bradley · Answer

@Jason Lopez as a Texas resident with property in Texas, you are going to hear some people talk about Series LLCs. Read this article and educate yourself on them. https://www.biggerpockets.com/member-blogs/16023/104606-seri...

Matthew Tyson · Answer

Strongly suggest. Also makes private lending easier. Keep all those monies moving through one account. If you are doing a BRRRRR with a DSCR rental exit, smooth sailing. If the deal pencils, the underwriting is so much easier. LLC is pass through income so have your bookeeper or CPA take care of everything at the end of the year for your tax documents. Get your insurance in business name, utilities can be put in business name. Build a financial history with your LLC.

Aaron Zimmerman · Answer

It  depends on your risk tolerance and what other assets you’d like to protect. For lending, your rates are going to be higher than if you were to buy under personal name. If you already have existing property and transfer property to an LLC, then it could trigger the due on sale clause the bank. I would consult with your bank before making any moves if this applies.

Patrick Drury · Answer

@Jason LopezIf you only have one rental or a few I would worry more about how to get more vs trying to put each one in an LLC. Frankly owning 30 properties in 30 different LLC's would be a migraine come tax time to get returns prepped. It's just going to cost you quite a bit of money to have your accountant prep all of them. It depends on how each rental is cash-flowing, but that could eat into your cash flow. There is quite a few forums that already discuss this topic, but buying 1-4 units in an LLC with a DSCR loan also comes with higher rates at the cost of using an LLC

Do I need an LLC for my rentals?

Most Popular Reply