New Jersey rental property LLCs

Create a Rental Property LLC in New Jersey

There are many benefits of forming an LLC for rental properties in New Jersey. Learn how to create an LLC and how we can help make it easier for you.

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With its 130 miles of shoreline and beautiful forests, New Jersey is a great place to start investing in the real estate market. Whether you plan to lease vacation homes on the coast or residential properties in Newark, you can benefit from forming a limited liability company or LLC. This entity structure adds a layer of legal protection for your personal assets and investment property and can have significant tax benefits as well. 

Start your LLC with us today, and we can get a New Jersey business started in just minutes. We know what it takes to start a business, and we created our suite of business services to help you build your rental property LLC in New Jersey. 

How to form an LLC for your New Jersey rental property

If you’re starting to see the benefits of having an LLC to hold your properties, it’s time to form your LLC. When you let our experts help you form your New Jersey LLC, we’ll support you through these five simple steps to get your LLC up and running with the state:

Step 1: Name Your New Jersey LLC

When selecting a name for your LLC, be sure to choose one that meets state requirements. We can do a search for you to see if the business name you want is available. If it is, let us reserve the name while you get the filing paperwork together. 

Step 2: Appoint a Registered Agent

Businesses in the state are required to appoint a registered agent. This person is responsible for receiving important documents on behalf of the LLC, such as state correspondence and legal notices. If you need a New Jersey registered agent, we can help you find one.  

Step 3: File a New Jersey Certificate of Organization

To officially form your rental property LLC, you need to file a Certificate of Organization with the right state office and include the appropriate filing fee.

Step 4: Create an Operating Agreement

Your LLC’s Operating Agreement is one of your most important business documents. It governs how your LLC runs and provides instructions for anything from voting procedures to dissolving the company. If you’re not sure how to create an Operating Agreement, we offer templates that can serve as a guide. 

Step 5: Apply for an Employment Identification Number (EIN)

The IRS assigns businesses a nine-digit EIN that is used to identify their enterprise. An EIN is like a social security number for your LLC. Having one is necessary for certain business matters, such as opening a business bank account, hiring employees, and getting financing. You can apply for an EIN yourself on the IRS’s website, or we can do it for you with our EIN service

Transfer title of the property to the LLC

Once you’ve completed the registration for your New Jersey real estate LLC, you’re ready to start buying properties. If you already own property, you’ll need to transfer the ownership to the LLC. First, you’ll file the deed with the Clerk’s Office in the county where the property is located. You’ll need to pay a realty transfer fee, which is a type of tax based on the property’s value or your capital contributions to the business. 

If you’re transferring ownership of a property that you have a mortgage on, it’s essential to notify your lender of the change. They’ll need to adjust the paperwork to reflect the LLC’s responsibility for the property. Because the business now owns the property, they might rework the loan terms, including the rate.

Update the rental agreement

If you haven’t started renting, your lease agreements need to show that the LLC owns the property. If you have tenants, you’ll want to notify them that the LLC now manages the property. You’ll need to edit your current rental agreements to reflect the LLC as a party to the contract.

What to know before creating a rental property LLC in New Jersey

LLCs are easy to form and simple to maintain with a bit of diligence. Creating an LLC for your rental properties provides legal separation between your personal and business investments so that you’ll be protected if things go wrong. An LLC can have one member or several investors working together. Either way, property owners can receive legal protections and tax incentives by creating an LLC to hold their rental properties.

Benefits of creating LLCs for rental properties in New Jersey

Personal liability protection and separation of property

The most significant benefit of creating an LLC for your property is the separation of personal and business assets. One way this benefits you is through liability protection. If someone is injured on your property or you owe a debt to a contractor, they must sue the LLC before reaching your personal assets. To maintain this protection, you must keep your rental income separate from your personal expenses. You can’t co-mingle business and personal assets and keep the benefits of an LLC.

Pass-through taxation

An LLC can also benefit you when tax time rolls around. Because LLCs use “pass-through” taxation, you’ll report the business’s profits or losses on your personal return. If you’ve kept your business assets separate, you’ll easily be able to deduct business expenses from the tax that you owe. 

Series LLCs

A series LLC is a popular business form for real estate investors in other states. Each “series” is treated as a separate business under the umbrella of the “master” LLC without maintaining additional registrations. A series can hold each property separately, thereby protecting it from the obligations of the others.

While several states allow series LLCs, New Jersey isn’t one of them.

Who should form a New Jersey LLC for their rental property?

Any individual looking to start with property management can benefit from forming an LLC, whether you’re buying commercial, vacation, or residential property. It’s easiest to form your LLC first — before you start acquiring properties. If you start by buying property under the LLC’s ownership, the deed will be in the LLC’s name and there will be no need to transfer title. But if you already own property, have no fear. It only takes a little extra work to transfer the previously purchased property to the LLC. 

How We Can Help

While it’s easy to start an LLC for a rental property in New Jersey, starting a business comes with challenges. When you use our business services, like our Worry-Free Compliance Service, we’ll ensure your LLC stays legally compliant and remind you of important deadlines. If you’re not sure where to start, we offer a business plan template that can help you identify your goals and meet them faster. No matter which of our services you choose to use, our business experts will be here to support you. We know business regulations and can help you stay on top of all the legal requirements.

Disclaimer – The content on this page is for informational purposes only, and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

FAQs

  • What are the benefits of creating an LLC for your rental property?

    Creating a rental property LLC in New Jersey gives you added liability protection, separates your personal assets from your investment properties, and provides access to business tax deductions.

  • How do you name the LLC for your rental property?

    The name you choose must be unique from any other New Jersey business. You also need to include the words “limited liability company” or the abbreviation “L.L.C.,” or “LLC.” You can abbreviate the word “limited” as “Ltd.,” and “company” as “Co.”

  • If my home state is not New Jersey, do I need to register the New Jersey LLC as a foreign entity in my home state?

    You should register your LLC in the state where you are doing business. If your rental property is located in New Jersey, the government considers you to be doing business in New Jersey. Therefore, once you register your LLC in New Jersey, you won’t need to register it in your home state.

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