Sergey Isakov, head of the new buildings department at Yurinfo Real Estate, answers:
Such companies offer to conclude a property management agreement - in this case, renting an apartment. One of the advantages is that the client does not need to independently rent out their apartments, both daily and long-term. Of course, if the client has one apartment, then theoretically it can be rented out and negotiated independently each time. What if there are several such apartments? Finding a tenant for each apartment is a rather labor-intensive process.
With trust management, naturally, some percentage of the profit will have to be paid to the company. But there are also certain advantages: when a tenant changes, a cleaning service is ordered, which prepares the apartment for rent to the next individuals. There are no risks as such, because a notarized power of attorney for property management is issued. No one from the trust management company can dispose of the apartment as they wish, since the agreement stipulates in advance that this property is intended only for rental.
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Trust management is a service, certain services in the real estate market, which are regulated by law, and, in my opinion, this is beneficial for those who have not one, but several apartments. Or if, for example, a person is abroad: it is convenient for him that the company’s specialists are monitoring his apartment. They inform you about the wear and tear of the furniture, what is needed for repairs - all this is recorded with photo reports. The client himself only makes a profit.
Private practicing lawyer Victoria Suvorova (Pyatigorsk) answers:
Trust management of real estate (apartment) is regulated by law. It looks like this: You enter into an agreement with a real estate agency or realtor, and in the agreement you specify all the necessary conditions for managing your property. Pros: it saves your time, you don’t need to meet with the tenants yourself, spend time traveling and showing apartments, submitting advertisements, selecting tenants, etc. Although, given that you have already submitted an advertisement, you have already done most of the work on surrender. Of the minuses:
- this service is paid, and the real estate agency must pay a percentage of either transactions or a monthly fee;
- the realtor is interested in renting out your apartment to anyone, that is, you do not control who lives there;
- paying for the apartment on time, the condition of the apartment is controlled by the real estate agency, not you. For some, this is a plus, but in practice, unscrupulous agencies can deceive you as an owner.
In any case, I recommend that you definitely study the text of the trust management agreement. It should not be “standard”, downloaded from the Internet, but made to suit you and your wishes. Trust management is beneficial for you if you do not live in the city where the apartment is located and do not have the opportunity to visit there often.
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Kirill Kokorin, legal adviser of the Inkom-Real Estate legal service, answers:
Trust management of real estate is the transfer by the owner (founder) of his property under a trust management agreement to a manager who will manage the property in the interests of the owner for a fee.
In your case, management will most likely be based on the delivery of your apartment under rental or rental agreements, both for long periods and daily. Simply put, between you and the employers there will be an intermediary who, for a fee, will do all the work for you, and you will receive income.
The advantage is that the owner’s participation is not required to interact with tenants or tenants. The manager, on his own behalf, will deal with all issues: advertise the property, search for tenants and conduct showings, conclude contracts, receive funds, move in and evict tenants, ensure the safety of property.
The owner, in turn, will receive payments from the property management once a month or quarter, minus the interest due to the manager as remuneration.
Of the minuses, we can note that the income from transferring property into management largely depends on the competence of the manager and the market attractiveness of the property, and in most cases, the owner’s income from transferring property to trust management does not exceed the income from the usual renting out of an apartment on his own behalf.
DIOS-Real Estate. Real estate agency.
TRUST MANAGEMENT OF AN APARTMENT
Trust management of real estate is a procedure for transferring real estate for temporary use. This management mechanism is increasingly used by real estate owners, since it allows them to make a profit from the property without spending practically any time and effort on it.
Lease and trust management, what is the difference?
Lease and trust management are quite similar in their ideology and implementation. In both cases, the premises are ultimately rented to a third party, and the owner receives a profit, but there is a significant difference between them.
Renting residential and commercial premises requires a lot of physical and mental costs from the owner. Searching for tenants, processing transactions and contracts, monitoring the safety of furniture and other property. With a successful combination of circumstances, the landlord can get good tenants and profit, but in some cases, careless tenants delay payments and do not take care of other people's property. If the owner has only one premises, then it will not be difficult for him to control the tenants, but if there are several areas, then TRUST MANAGEMENT of real estate objects comes to the rescue.
It is advisable to resort to this control mechanism in the following cases:
• The owner has many premises for rent; • The owner of the premises lives abroad or far from the premises; • The owner is moving abroad, but does not want to sell the property.
In the Moscow region, trust management of real estate can be provided by the real estate agency "DIOS-Real Estate". We will not only keep your property intact and ensure constant profit, but we will also help with the preparation of contracts and papers.
Manager functions
By concluding a trust management agreement, each owner can remain calm about his property, since the fundamental basis on which the relationship between the owner and the manager is built is the agreement. It is concluded in writing based on the norms of the federal laws of the Russian Federation.
After transferring real estate into trust management, the manager assumes the following duties and functions:
• Search and selection of tenants who meet the requirements of the owner of the property; • Registration of premises rental agreements; • Control and receipt of rent payments; • Payment of utilities or control of payments by the tenant; • Resolution of controversial issues; • Monitoring the safety of property and its timely repair; • Provision of necessary household services; • Receiving postal correspondence; • And much more.
Our organization has been helping residents of the capital and the Moscow region resolve issues related to real estate for more than 20 years, so by transferring trust management to us, you are guaranteed to receive high-quality services and stable profits.
The real estate agency "DIOS-Real Estate" offers clients the following:
• High income without physical and moral costs; • Decent and proven tenants; • Full support of transactions; • Qualified personnel; • And most importantly: always available in emergency situations 7/24.
Cost of trust management
Depending on the package of services chosen by the owner - from 7% of the monthly payment.
Trust management of commercial or residential real estate will allow the owner to remain calm in any situation. DIOS-Real Estate specialists will find tenants, monitor the condition of the property and send a photo or video report to the owner and ensure the receipt of funds to the property owner.
No need to worry with us! "DIOS-Real Estate" will control everything and even more!
Deputy Director of Legal Services Center LLC Larisa Naumenko answers:
Legal relations regarding trust management are regulated by civil law.
By concluding a trust management agreement, you remain the owner of the apartment, and the manager will be able to perform actions in relation to the apartment provided for by the agreement and the law, but only in your favor and in your interests. Such rules are established by Articles 209 and 1012 of the Civil Code of the Russian Federation. In other words, the manager will be able to rent out the apartment with your consent and transfer the income received to you, but will not be able to sell it, donate it, or perform other actions of his own free will, as a result of which another person will become the owner of the property.
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A real estate trust management agreement is subject to state registration. In this case, the maximum period of trust management is five years.
The disadvantages of this type of legal relationship include a decrease in the owner’s profit. The services of the manager must be paid, therefore the income of the apartment owner is reduced compared to the amounts that he could receive by renting out the housing on his own.
You may also encounter abuse of power and illegal actions on the part of the manager. For example, an unscrupulous manager will decide to rent out premises on a daily basis without notifying the owner and, as a result of such actions, will receive a greater profit than expected under the terms of the agreement. In this case, the rental income will not reach the owner in full.
In order to protect yourself, it is worth transferring your property into trust management only by trusted companies or individual entrepreneurs with a good reputation. The contract must be concluded in compliance with the rules established by Chapter 52 of the second part of the Civil Code of the Russian Federation.
Real estate trust management: what is it?
The concept of a management agreement is given in Article 1012 of the Civil Code of the Russian Federation. In accordance with this agreement, one participant in the transaction (the management founder) transfers to the second party (the trustee) the right to manage the property, that is, to perform certain actions in relation to it.
These actions must be carried out solely in the interests of the principal or the person he designates (the beneficiary). At the same time, the law has a clause: transferring an apartment to a management office does not mean transferring ownership of it to the manager
The manager concludes all transactions with entrusted square meters on his own behalf. But in the documentation that the agent signs, he must indicate his status.
In accordance with clause 1 of Article 1015 of the Civil Code of the Russian Federation, commercial organizations (for example, real estate agencies) or individual entrepreneurs have the right to act as trustees. The range of their powers, which depends on the subject of the agreement, can be very wide. Here are the services such companies provide:
- Payment of utility bills.
- Residential cleaning and repair.
- Search for tenants and buyers.
- Apartment insurance.
- Purchase of necessary furniture and household appliances.
- Ensuring the safety of housing from criminal attacks (for example, connecting an alarm system).
- Representing the interests of the owner in Rosreestr.
- Resolving disagreements with tenants and neighbors.
- Receipt of money for a concluded transaction and transfer of the agreed amount to the owner.
Thus, almost all the hassle of resolving financial and business issues can be transferred to the shoulders of the manager. The agency receives a certain commission for its services. So, in the case of leasing an object, its size is approximately 10% of the annual rent.
