[WSBARP] Renting a Basement ADU

[Bryce Dille]

They could lease it to the LLC and then the LLC sublease it to the tenants that will occupy it

Bryce H. Dille
Dille Law, PLLC
2010 Caton Way SW Ste. 101
Olympia, WA 98502
Office: 360-350-0270
Cell: 253-579-5561

[R_Alan_Swanson-WH-200]
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Business Entity Creation and Management, Business, Government and Tax Law, Real Estate and Land Use, Residential, Commercial and Condominium Development Real Estate and Commercial Transactions & Closings, Including Performing Services as IRS Section 1031 Exchange Facilitator Estate Planning, including Wills and Trusts, and Probate Administration Representation Homeowners/Condominium Association Real Estate Developments Real Property Foreclosures and Forfeitures.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Inge Fordham
Sent: Tuesday, February 22, 2022 11:48 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Renting a Basement ADU

Colleagues,

I have clients who built an ADU in the lower level of their home (they currently reside in the upper level).  They now want to form an LLC for purposes of leasing the ADU.  In the past, when I have assisted clients with forming of an LLC for purposes of renting a property, the property has been quit claimed into the name of the LLC and leased by the LLC.  These clients do not want to quit claim the property into the name of their new LLC.  They also do not want to form a condominium where there are separate units.  I have to imagine this issue is common and would appreciate advice from folks who are more experienced in this area.  Is it possible for these clients to lease out the ADU in the name of their LLC?  I should mention that they have a separate property management company as well.

Thanks in advance for any insight.

Best regards,


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Inge A. Fordham | Attorney
Fordham Law, PLLC
3218 Sixth Avenue | Tacoma, WA 98406
Office: (253) 348-2657 | Mobile: (206) 778-3131
www.fordhamlegal.com<http://www.fordhamlegal.com>

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