Three or more professionals can enter into a single lease agreement for a building. A lease agreement is a binding contract that outlines the terms and conditions of the agreement between the landlord and the tenants.
If 2 counselors and 1 doctor want to lease a large office together, should they create a brand new LLC and them sign a lease or just sign a lease as 3 seperate businesses
Should we ask landlord which they prefer or just create new LLC prior to applying for space?
N/A
Three or more professionals can enter into a single lease agreement for a building. A lease agreement is a binding contract that outlines the terms and conditions of the agreement between the landlord and the tenants.
ask landlord whether he is willing to execute lease deed in favour of 3 business owners
it is doubtful that landlord will agree to do so .
3) he would prefer to execute lease deed in favour of one owner
lease agreement in India is a binding legal contract between a landlord and a tenant that specifies the terms and conditions of renting a property.
there can be more than one tenant on a commercial lease. It's referred to as joint tenancy. A joint rent agreement is a contract that includes many tenants.
All tenants should sign a rental agreement, but a primary tenant is also responsible for the tenancy's management. Particularly with money and communication issues. Rent collection, utility bills, notice periods, termination, repair and damages, security deposit refunds, and replacement should all be handled properly and fairly. It's simple to set up shared tenancy, but it's far more difficult to keep it up and exit.
LLC will have compliance implications
So if your lessor is ok you can have a joint lease in favor of the 3 lessees
Now how the 3 lessees arrange the space among themselves would be their inter se agreement
If the 3 separate individuals are taking this on lease for separate purposes then 3 separate deeds are to be executed.
if those 3 persons are to run business together then in a single deed 3 of them can sign together .
To my mind a corporation or LLC can provide certain tax benefits. For example, the money you earn from collecting rent payments could put you in a higher income tax bracket, leading to you paying more on your personal tax return. You can help mitigate this by having a business collect the rent and pay you a salary.
Most of the expenses associated with operating a rental property are tax-deductible. This may include anything from purchasing a new refrigerator for a unit in your building to making repairs to the front door. Operating as a corporation or LLC can make it easier to claim these expenses as tax deductions.
Sole proprietors and general partners have personal liability for business debts, meaning that business creditors may be able to come after the business owners’ personal assets. In addition to lenders, people who get hurt on the property and file personal injury claims may seek damages that come from the business owners’ personal assets. You could find yourself in serious debt, or even bankrupt, which makes liability protection one of the most important benefits of registering an LLC or corporation. The business structure shields your personal income and assets from business creditors and other claimants. The corporation or LLC would be liable for the debts and other claims and not you.
Rest, you may contact my secretary to connect with me for clarification with complete documents.
If all are three different professional business than kindly prepare only Lease agreement on three professional vs owner name.
If all are in same business or profession than can go with LLP and prepare the lease agreement.
Dear Client,
In the Present Scenario, you have enquired if 2 counsellors and 1 doctor want to lease a large office together, whether they must create a brand new LLC and then sign a lease, or sign a lease as 3 separate businesses. Herein, firstly, to form an LLC, you have to form the articles of association, pay the relevant fee, and draft an agreement that specifies the roles of each person. However, for leasing as separate entities, this would help in independently maintaining separate entities, and simplifies the legal and financial matters. The LLC, however is to be noted, that it is governed by the State laws, that must be complied with when drafting any such agreements. It is suggested that, the clauses relevant is drafted carefully, with the aid of legal experts.
Hope you find this answer beneficial for resolving the dispute.