Creating a Rental Property in Tennessee | From Investment to Income

In the world of real estate investing, creating a Limited Liability Company (LLC) for rental properties has become an increasingly popular strategy for property owners in Tennessee. An LLC provides numerous benefits, including limited liability protection, potential tax advantages, and improved professional credibility. This guide will walk you through the steps to Create a Rental Property LLC in Tennessee, helping you navigate the process and ensuring your investment is well-protected and structured for success. From researching local laws and regulations to drafting a comprehensive operating agreement, we’ll provide you with the essential information to establish and manage your Rental Property LLC effectively.

To learn everything about creating a rental property in Tennessee, Webinarcare Editorial Team recommends reading the whole article until the end.

What is a Rental Property LLC?

A rental property LLC in Tennessee refers to a limited liability company (LLC) formed specifically to own, manage, and rent out residential or commercial properties in the state. Starting an LLC in Tennessee is popular with investors and property owners because they provide personal liability protection related to the property, separating the owner’s assets from any debts or legal issues that may arise concerning the property.

Creating a rental property LLC allows owners to manage their investments better, take advantage of potential tax benefits, and protect themselves from lawsuits or financial liabilities related to their real estate ventures. Tennessee has its own regulations and filing requirements for establishing an LLC, so it is vital to research and complies with the specific rules and guidelines in the desired state of operation.

Hiring the Best LLC Services in Tennessee is beneficial if you plan to create an LLC for your rental property business. They will keep you at ease and will help you with the process of making one.

It is suggested that you speak with a legal professional before you begin setting up a rental prorperty LLC. They’ll understand what’s best for you and your future company. To safeguard your personal assets from business debts, you can always start an LLC in Tennessee.

– WEBINARCARE EDITORIAL TEAM

How to Create a Rental Property LLC in Tennessee

To create a rental property LLC in Tennessee, you must follow a few steps that include choosing a name for your LLC, hiring a Registered Agent, filing your Articles of Organization, transferring title to your Tennessee LLC, and finally, updating the lease.

Step 1: Choose a Name For Your LLC

Selecting a name for your Tennessee rental property LLC is essential to forming. Your business name should be unique, memorable, and reflective of your products or services. There is a complete guide on Tennessee Business Name Search for you to have a proper LLC business name. 

In Tennessee, your rental property LLC name must:

• The business name should have the word LLC or L.L.C.
• No confusion with a government entity name.
• A unique name is needed with no match
• Limit of restricted words that need a license. 

In Tennessee, if you do not wish to file your LLC right away but want to hold the name that you have decided on, then you can reserve your LLC name for 4 months. You must file a name reservation application with the Tennessee Secretary of State to keep the name. 

You can register your business under a different legal name if your preferred name isn’t available.  Once you have chosen a name, you can submit an application for Tennessee DBA (doing business as). In this manner, you can choose any name you desire for your business. A DBA allows a company to operate under the name of the person or entity who owns it. If you have decided to file for a DBA, you can file it in two methods, by mail and in person.

However, before filing a DBA, you should know that you need to renew your DBA every five years, which costs varies by county.

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Step 2: Choose a Registered Agent

The next step in forming a rental property LLC is hiring a Registered Agent who accepts legal paperwork for your business. This person or business will receive important tax forms, legal documents, all notices of lawsuits, and other official government correspondence in Tennessee. Forming an LLC and creating a rental property for your LLC will be easier if you have a Registered Agent in Tennessee. You can serve as your Registered Agent, or you can appoint a friend, family member or hire the Best Tennessee Registered Agent Services.

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Step 3: File Your LLC’s Articles of Organization

The Articles of Organization for a rental property LLC is an important document to start your limited liability company (LLC). You must have a business establishment before you have a proper rental entity in Tennessee. Tennessee Articles of Organization is a simple document that contains the business name and address and the name and address of the person who received lawsuits on behalf of the organization. In Tennessee, the filing fee is $300. 

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Step 4: Transfer Title To Tennessee Rental Property LLC

Once you have formed an LLC for your Tennessee rental property, transferring the property title to the LLC is crucial. This is an essential step to ensure that the benefits of operating your rental property through an LLC, such as limited liability protection and potential tax advantages, are fully realized.

Here are the key steps involved in transferring the property title to your LLC:

Prepare a Deed

To transfer the property title to your LLC, you must prepare a deed, a legal document conveying ownership of the property. The type of deed required for this transfer may vary depending on Tennessee laws and the specific circumstances of your property. Common deeds include warranty deeds, quitclaim deeds, and grant deeds. 

• If you transfer title through a quitclaim deed, you are passing any interest you might have in the property to your LLC. 
• If you would like a warranty deed, it includes a guarantee that the title was good and free of any claims or interests by third parties. 

Record the Deed

Once the deed has been prepared, it must be recorded with your state’s appropriate county recorder or land registry office. Recording the deed is essential for completing the transfer of the property title to the Tennessee LLC and ensuring that the change in ownership is part of the public record. 

Update Property Insurance

After transferring the property title to your Tennessee LLC, you will need to update your property insurance policy to reflect the change in ownership. Contact your insurance provider to inform them of the change and ensure that the LLC is listed as the property owner on the policy. This is crucial for maintaining proper coverage and protecting your investment.

Notify Your Mortgage Lender

If you have a mortgage on the property, it is essential to notify your mortgage lender of the change in ownership. Some lenders may require you to obtain their approval before transferring the property title to an LLC. Additionally, be aware of the “due-on-sale” clause in your mortgage agreement, which the transfer of property ownership may trigger. Sometimes, lenders may enforce this clause and require you to pay off the mortgage immediately. However, this is only sometimes the case, and many lenders may allow you to proceed with the transfer without issue.

Step 5: Update And Amend The Lease

Moreover, as soon as you sort out the kind of deed you want in your rental property LLC in Tennessee, you should sign and record the deed to draft and amend your lease. 

A fast and simple solution to minimize your liability for claims about the property is to transfer the property to an LLC in Tennessee. But changing the title to your property shouldn’t be your actual plan. Also, speaking with an insurance agent and securing enough liability insurance to pay for any potential claims is important. This ensures that rent payments and other responsibilities are directed to the Tennessee LLC rather than you.

Step 6: Getting Permits And Licenses

When you get a rental property LLC in Tennessee, it is mandatory to get permits and licenses from the Tennessee Secretary of State. Any permits and licenses you obtain for your Tennessee rental property LLC must be updated and compliant with the local city/county authority. 

Cost to Form an LLC in Tennessee

The cost to form an LLC in Tennessee can vary depending on several factors, such as Tennessee filing fees, Registered Agent fees, and any additional services you may require. Here’s a breakdown of the typical costs associated with forming an LLC in Tennessee:

State Filing Fees

The state filing fee is the primary expense when forming an LLC in Tennessee. This fee is paid to the Tennessee Secretary of State to process your LLC formation documents, such as the Articles of Organization. The filing fee typically costs $300, while the LLC annual fee is $50 per member.

Read the Tennessee LLC Cost to know more about the specific cost.

Registered Agent Fees

Most states, including Tennessee, require an LLC to designate a Registered Agent. A Registered Agent is a person or company responsible for receiving legal and official documents on behalf of the LLC. You can act as your own Registered Agent or hire a Registered Agent. These services typically charge an annual fee, ranging from $50 – $150, depending on the level of service provided.

Operating Agreement

While not always required by state law, creating an Operating Agreement for your Tennessee LLC is highly recommended. An Operating Agreement outlines the LLC’s management structure, ownership percentages, and other details. You can draft an Operating Agreement, use an online template, or hire an attorney to create a customized agreement. The cost of an operating agreement can range from minimal (if using a free template) to several hundred dollars or more (if hiring a business attorney).

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Business Licenses and Permits

Depending on your Tennessee business activities and location, you may need to obtain Tennessee licenses. The costs for these licenses and permits will vary depending on the license type, the issuing authority, and the location of your Tennessee business. However, in Tennessee, the business license fee ranges from $50 – $300.

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Annual Report and Taxes

Some states, including Tennessee, may require LLCs to pay Annual fees or taxes. These fees include Annual Report filing fees, franchise taxes, or other state-specific fees. In Tennessee, here are the following costs.

• Annual Report Filing Fee- $50 per member
• Franchise Tax Fee- $100 minimum
• Sales Tax Fee- $0 (Free)

Optional Services

You may utilize additional optional services when forming an LLC, such as hiring a professional formation service, obtaining an Employer Identification Number (EIN) in Tennessee, or registering your business name as a trademark. These services range from free (obtaining an EIN) to several hundred dollars.

Benefits of Creating a Rental Property LLC

Creating a Limited Liability Company (LLC) for rental properties in Tennessee offers several benefits. Tennessee LLC is a business structure that combines a partnership’s flexibility with a corporation’s limited liability protection. Here are some key advantages of establishing an LLC for your rental properties:

Limited Liability Protection

One of the main benefits of creating an LLC for rental properties is its limited liability protection. As an LLC owner, your assets are protected from the debts and liabilities of the rental property. Should any legal issues arise, such as a tenant lawsuit or property damage claim, your assets, such as your home, personal bank accounts, and other investments, are generally not at risk.

Tax Advantages

LLC offers potential tax benefits for rental property owners in Tennessee. By default, an LLC is considered a pass-through entity, meaning the profits and losses from the rental properties pass through to the owners’ tax returns. This avoids the double taxation that occurs with corporations. Additionally, rental property owners may take advantage of tax deductions for expenses related to the property, such as mortgage interest, property taxes, maintenance, and repairs.

Easier Management

Managing rental properties through an LLC can simplify ownership and make it easier to manage multiple properties. You can streamline bookkeeping, tax reporting, and other administrative tasks with an LLC. If you own multiple rental properties, you can consolidate them by creating a Single-Member LLC in Tennessee.

Professional Image

Operating your rental properties through an LLC can enhance your professional image and credibility with tenants, lenders, and other business partners. It demonstrates that you are serious about your real estate investments and are committed to maintaining high standards of professionalism and business practices.

Flexibility in Ownership and Management

Tennessee LLC offers flexibility in ownership and management structures. You can have multiple members in your Tennessee LLC, allowing you to bring in partners or investors. Additionally, an LLC can have different classes of membership interests, enabling you to allocate profits and losses in various ways among the members.

Estate Planning Benefits

Tennessee LLC can provide estate planning benefits for rental property owners in Tennessee. Transferring rental properties into an LLC allows you to pass ownership interests to your heirs without probate easily. This can simplify transferring assets and minimize potential disputes among beneficiaries.

FAQs

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Conclusion

Creating a rental property in Tennessee requires careful planning, research, and execution. By following these steps, you can create a successful rental property that generates passive income and provides valuable housing to tenants. Remain diligent and proactive in managing your property to ensure long-term success in the competitive rental market. Ensure the details and records are accurate and precise with the previous filing documentation. And if you have any questions, share them in the comment section below.