I have a single-member LLC (formed in NY) that owns property in NY. I purchased a home in Florida last year, and titled it in the name of the NY LLC. I have a short-term rental license for the home. I am now being told, a year later, that I have to register my LLC as a "Foreign LLC" in Florida, and pay a bunch of fees, to continue to rent my home. I explained that I am renting it personally, and collecting rents via my personal account (not via the LLC), but the County says that since the LLC's name is on the deed, that means the LLC is doing business in Florida. I've read some posts that if your only activity is renting a home, that does not count as a "business" activity in certain municipalities. The home is located in Osceola county. Thank you!
Thank you for everyone who has responded. This was my first time posting on AVVO, and I didn't realize that the sections were "state specific". I have since re-posted the question in the Florida section. Thanks for all of your help.
Landlord / Tenant Lawyer
Dear if your only business is renting a home?
If you were a Florida LLC engaged in the same practice in New York, you need to register the foreign corporation. N.Y. BSC. LAW § 1301.
The Florida statute is similar to New York. See: http://www.flsenate.gov/Laws/Statutes/2012/608.501
You may be correct that mere ownership in the name of the New York LLC is not doing business as defined in the Florida statute;
"***608.501 Foreign limited liability company; authority to transact business required.—(2) The following activities, among others, do not constitute transacting business within the meaning of subsection (1):***(m) Owning, without more, real or personal property***", but you will not "win" your argument posting in the New York forum of AVVO, and to "win" in Florida, you will need an attorney.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
You may want to repost your inquiry in the Florida section, as your question pertains directly to Florida law as opposed to NY.
If you find this answer useful, please mark it as "Helpful". Likewise, if you believe it is the most responsive, please mark it as the "Best Answer". The information provided herein is for informational purposes only, and should not be relied upon or construed as legal advice or legal opinion. You should not rely upon the information provided at this site without seeking individual advice from an attorney. No attorney-client relationship can be assumed or created by this post.
Criminal Defense Attorney
I suggest you ask a Florida attorney so try re-posting the question in the Florida Avvo section.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.