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From the Hotline
by Christopher A. Combs
Copyright 2004, all rights reserved. The following is for informational purposes only and is not intended as definitive legal or tax advice. You should not act upon this information without seeking independent legal counsel. If you desire legal, tax or other professional advice, please contact your attorney, tax advisor or other professional consultant.


LLC Formation for Rental Properties Recommended

Question: I own two rental homes and a four-plex apartment building in Wickenberg. The rental agreements are signed by me individually and the rental checks from the tenants are made payable to me individually. Should I form an LLC for each rental, or should I form one LLC for all of the rentals, or can I carry on as I am?

Answer: I would strongly recommend that you form an LLC for each rental property. For example, if one of your rental properties has a serious mold problem and you have that rental property in an LLC, only that LLC would be liable for any multi-million dollar judgment for the mold problem as opposed to all of your rental properties and your personal assets being liable. Even if you have liability insurance for the rental property, the coverage may be limited or non-existent for the mold problem, or the liability insurance carrier may go out of business. For example, Kemper Insurance Company is a major liability insurance carrier that is in serious financial difficulties at the present time.


Phoenix attorney Christopher A. Combs is a partner with the firm of Combs Law Group, P.C. Reprinted with permission from Arizona Realtor Digest, 2004.


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