Why You Should Own Your Rental or Real Estate Business Through an LLC in Texas
How Forming an LLC Can Protect Your Rental Property, Boost Your Real Estate Business, and Save You Money in Texas

At AWA Law Firm , we regularly advise clients across Texas on how to properly structure ownership of real estate investments, rental properties, and real estate businesses. One of the most common and valuable tools we recommend is the Limited Liability Company (LLC) .
Whether you are an investor, landlord, or a licensed Texas realtor, owning or operating through an LLC offers significant legal, financial, and tax advantages. In this blog, we will break down the key reasons to consider forming an LLC and why it's a smart move for your real estate portfolio or professional practice.
Why Use an LLC to Own Rental or Investment Property in Texas?
Owning real estate personally exposes you to personal liability , meaning that if something goes wrong (a tenant lawsuit, a contract dispute, or an accident on the property), your personal assets — bank accounts, vehicles, and even your home — could be at risk.
An LLC separates your personal and business assets , creating a legal shield between you and the property’s liabilities.
Key Benefits:
- Limited Liability Protection - Your personal assets are generally protected from lawsuits, debts, or claims related to the property.
- Estate Planning & Succession - You can transfer ownership interests in an LLC much more smoothly than deeded property. It can also play a key role in avoiding probate when structured correctly.
- Tax Flexibility - LLCs are considered “pass-through entities” by default, meaning rental income and expenses flow directly to your personal tax return, avoiding double taxation. You may also elect different tax treatments if it benefits you.
- Privacy - Depending on how you structure your LLC, you may reduce the amount of personally identifiable information available in public records.
- Ease of Management - LLCs are generally low-maintenance compared to other entities like corporations and still offer robust protections.
Example:
If a tenant sues after an injury on your property, a properly formed and maintained LLC can limit the exposure to only the assets owned by the LLC, protecting your personal finances.
Why Realtors Should Consider Using an LLC as Their Licensee Entity
Realtors often focus on personal branding but miss a big opportunity by not running their real estate commissions and business operations through an LLC. In Texas, the Texas Real Estate Commission (TREC) allows real estate agents to license an LLC to serve as the broker or business entity for their real estate activities.
Benefits of Realtors Using an LLC:
- Collect Commission Directly Through the LLC - By licensing your LLC with TREC, you can legally have commissions paid directly to your company rather than to you individually.
- Deduct Business Expenses More Cleanly - Operating through an LLC allows for clearer separation of business and personal expenses, making deductions for marketing, travel, office supplies, continuing education, and other costs much easier to track and defend if audited.
- Liability Protection - The LLC helps limit personal liability, especially for contractual issues, client disputes, or agency risks.
- Professionalism - Operating under an LLC can enhance your brand’s credibility when dealing with clients and other professionals.
- Estate Planning & Asset Protection - Similar to investment properties, an LLC is a flexible tool for long-term planning, allowing you to structure ownership or succession of your real estate business.
Quick Note:
To fully benefit, realtors must register the LLC with TREC as a licensed business entity , which requires submitting the appropriate application and showing good standing with the Texas Secretary of State.
Texas-Specific Considerations
- Texas does not have a state income tax, which already makes it attractive for real estate investment, but combining that with the use of an LLC can further optimize your tax situation.
- Texas allows Series LLCs , a powerful option for investors with multiple properties who want to separate assets without forming multiple LLCs. Though AWA Law Firm does not typically recommend this arrangement.
- TREC specifically recognizes and regulates business entities (like LLCs) for licensed real estate activities, making this a fully compliant and encouraged option for Texas real estate professionals.
Why Work With AWA Law Firm?
Forming and operating an LLC correctly isn’t just about filing a document. It’s about:
- Drafting a strong Operating Agreement .
- Structuring your ownership for liability protection.
- Ensuring compliance with Texas and TREC requirements.
- Coordinating the LLC with your estate plan and tax planning .
At AWA Law Firm , we have helped countless Texas investors, landlords, and real estate professionals form and operate LLCs that are tailored to their goals — not just a cookie-cutter online form. Our team will help you create a smart structure that protects you today and serves you well into the future.
Ready to Protect Your Business and Property?
If you are considering forming an LLC for your rental property , investment property , or real estate business , we are here to help.
Contact us today for a consultation:
📞 713-581-1150
🌐 www.awalawfirm.com
📧 legalteam@awalawfirm.com

