Legally, the relationship between the co-owners of real estate is either as “beneficial tenants” or as “common tenants.” The term “tenant” is not related to a tenant under a tenancy agreement. For both leases, a co-owner may insist on a sale. WHAT IS A HOLDING IN COMMON? Anyone who buys a house or other property and chooses to be a partial owner can be a tenant. In addition, members of the agreement can sell independently or borrow against their share of ownership. These contract models apply to leased properties for which the owner/investor/investor (s) owns the property as a limited liability company (or “CLL”). They are not suitable for real estate used in whole or in part by one or more owners as a house or holiday apartment. You will find a discussion about the pros and cons of owning investment real estate as an ICT or LLC in An Introduction to Limited Liability Company. Like all our models, these documents can be used in any U.S. state and protect owners from unforeseen events or disagreements and after death.

They are in simple English, easy to understand and customize, and have a detailed table of materials. We propose a single-member LLC enterprise agreement or “SMLLC,” an agreement that provides liability protection associated with extremely favourable tax treatment. We also offer LLC enterprise agreements specifically for two owners and others for large groups. HOW DO I MAKE A HOLDING IN COMMON AGREEMENT? To ensure that your joint tenant contracts are valid, you must expressly indicate your wish for co-ownership. Any party who buys part of the property must accept the terms and the agreement must be written down. They must also ensure that specific parts of the property and maintenance and maintenance responsibilities are also clearly articulated. In an August 2018 blog post, they write that ICT transformations – the transformation of the condominium ownership structure into a lease agreement – have become particularly popular in the metropolitan areas of Greater Los Angeles and San Francisco/Oakland. As deposits and payments are distributed, the purchase and maintenance of the property may be cheaper than for an individual. In addition, credit capacity can be streamlined if an owner has an income or a better financial base than other members.