Can an LLC Own Real Estate in Florida?

Yes. A Florida LLC can own, hold, and manage real property. The LLC is a separate legal entity under Fla. Stat. ch. 605, and real estate becomes an asset of the LLC upon purchase or transfer into the entity's name. This structure provides liability protection—members are generally shielded from personal liability for the property's obligations.

Ownership & Title

Real estate should be titled in the LLC's legal name as registered with the Florida Department of State. When purchasing or selling property, use the LLC's name on all deeds and closing documents. Lenders typically require a certified copy of the Articles of Organization before closing.

Management Authority

An LLC is member-managed by default unless your Articles of Organization or operating agreement designate managers (Fla. Stat. § 605.0105). For real estate transactions, clarify in your operating agreement who has authority to execute deeds, mortgages, and leases. This prevents disputes and protects transaction validity.

Operating Agreement

While Florida does not require a written operating agreement (Fla. Stat. § 605.0105), one is strongly recommended for real estate holdings. The agreement should specify:

Who manages the property (members or designated managers)
Approval requirements for sale, mortgage, or lease decisions
Distribution of rental income or sale proceeds
Member buyout or exit terms

Liability Protection

Members enjoy charging order protection under Fla. Stat. § 605.0503. Creditors of individual members cannot seize the LLC's real property; they may only obtain a charging order against distributions. This protection strengthens when the LLC is properly formed and maintained.

Financing Considerations

Lenders may impose additional requirements for LLC-owned property, such as personal guarantees from members or specific insurance provisions. Disclose the LLC structure early in the financing process. Some lenders restrict certain transaction types for LLCs, so confirm requirements before proceeding.

Next Steps

Draft or review an operating agreement addressing real estate management and member authority.
Register the LLC with the Florida Department of State if not already completed.
Consult a title company before purchase to confirm no restrictions apply.
Work with a real estate attorney to ensure proper deed titling and compliance with local zoning or homeowner association rules.

This is general information, not legal advice.