Lease trust management. How can you trust the management of an apartment? Features of compilation and sample

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      13.04.2015
      Today, the share of the so-called double lease, when the owner is both the tenant and the lessor, is about 20% of the total number of market participants and continues to grow.
      “This phenomenon is explained by economic realities: due to the strengthening of negative trends in the Russian economy and the decrease in the solvency of the population, a temporary exchange of “extra” square meters for a guaranteed monthly income is a good opportunity to survive a difficult period,” comments Galina Kiseleva, director of the Apartment Rental Department at INCOM-Real Estate . – For example, the cost of renting a one-room economy class apartment in Maryino can now be found for 20 thousand rubles. A “kopeck piece”, for example, in Maryino, can actually be rented out for about 35-42 thousand rubles. That is, even without taking into account completely different class proposals, such as moving from the center to the Moscow region, the income from such an operation will be about 70-100%.”
      The unclear situation in the field of mortgage lending also contributes to “double renting”: a grown family can rent a larger apartment.
      With this decision, there are no risks associated with the loan, and there is an opportunity to “win back” the situation by simply returning to your previous home. In addition, you can rent an apartment next door. For example, in the area of ​​the Yugo-Zapadnaya metro station, the average rental rate for a one-room apartment is 33 thousand rubles, and a similar three-room apartment nearby will cost 50 thousand rubles per month: there is a significant increase in living space for a moderate 17 thousand rubles.
      One of the permanent categories of participants in “double rental” are owners of a modest economy-class apartment (for example, inherited), who want to change their quality of life and rent a more high-status living space.
      For a mobile young family, “double rent” allows you to find housing closer to work, and free time spend on interesting leisure time or hobbies, and not on standing in traffic jams. According to the Apartment Rental Department INCOM-Real Estate, in March the average rent for one-room properties ranged from 27 thousand rubles in the South-Eastern Administrative District and the Southern Administrative District to 35 thousand rubles in the Central Administrative District. The difference in the cost of hiring two-room apartments amounted to 8 thousand rubles: the rate in the South-Eastern Administrative District and the Southern Administrative District is 35 thousand rubles, in the Central Administrative District - 43 thousand rubles. Average price indicators for “three rubles”: 40 thousand rubles in the South-East Administrative District and Southern Administrative District, 56 thousand rubles in the Central Administrative District.
      As part of the trend under consideration, another group is formed by “tired city dwellers” who are renting out their apartments in order to move to rented housing outside the city, closer to nature. Typically their numbers increase between May and October. Most owners of “summer” apartments are pensioners or families with small children. You can rent for 40–60 thousand rubles small dacha at a distance of 15–30 km from the Moscow Ring Road. Traditionally inexpensive options they are looking for in the Gorky, Shchelkovsky, Egoryevsky or Ryazan directions.
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      Rental business becomes a hobby
      Not only investors, but also realtors are leaving the market

      The crisis has caused not only private investors to become disillusioned with the rental business - the payback period for metropolitan apartments purchased for rental has increased to 20 years - but also professional realtors. The reduction in income is forcing specialists who worked in the rental market to retrain to support transactions for the purchase and sale of housing.
      Investments: better to forget for now
      It’s better to forget about buying apartments in the Moscow region for the purpose of later renting them out, realtors say. And before the crisis, this business brought a good profit of 6-7% per annum, excluding housing maintenance costs, but now, due to lower rental rates, increased exposure time, etc., the market average yield has decreased to about 4- 6%.
      “It’s more profitable to put money in the bank,” says Roman Babichev, head of the rental department of the Azbuka Zhilya company. - In 2011-2014 It was possible to recoup the money invested in the apartment by renting it out in 10-12 years. Now it’s about 20 years, regardless of the location - Moscow or the Moscow region.”
      And this is still a fairly optimistic assessment. According to calculations by the World of Apartments portal, Moscow is the most unsuitable for rental business region of the country: the payback period for capital housing is 27 years, the yield is 3.7% per annum. But the Moscow region, according to the portal’s specialists, is not so hopeless: World of Apartments estimates the profitability of renting housing near Moscow at 6.6% per annum, with a payback period of 15.3 years. These figures are close to the Russian average: 6.4% and 16.2 years. For comparison: in 2013, according to the portal, the profitability of Moscow apartments was 4.8% per annum, and those near Moscow - 7.5%.
      The most highly profitable, according to the portal, are apartment investments in Yekaterinburg (7.9% per annum), Kemerovo (7.8%), Sochi (7.8%), Magnitogorsk (7.8%) and Komsomolsk-on-Amur ( 7.8%).
      In order to get an idea of ​​the approximate level of income from renting out a specific apartment, the director of the MIEL-Arenda company, Maria Zhukova, suggests using the following formula: (monthly rental cost X 12 - 13% personal income tax) X 100 / (purchase cost + cost of additional investments). Utility payments and property tax, which since 2015 have been calculated not from the symbolic inventory value, but from the cadastral value, close to the market value, of real estate, are not taken into account in this formula. Additional investments include renovations, purchase of furniture and household appliances. Thus, by purchasing a three-room economy class apartment for 10 million rubles and renting it out at an average rate of 50 thousand rubles/month, you can get an annual yield of 5.22%, or 522 thousand rubles. Such an investment will pay off in approximately 19 years and 2 months. Over 5 years, the profitability will be about 2.6 million rubles, provided that the apartment does not stand idle.
      However, the latter is hardly possible: the volume of supply on the market, according to various estimates, is now 1.5-2.5 times higher than demand, which has the most fatal effect on the period of exposure of housing. According to the INCOM-Real Estate company, in the economy class this figure has increased 24 times – for those apartments that are eventually rented out. In the elite segment, according to Blackwood, the exposure period for liquid apartments has increased from one to three days in 2013 to 1-2 weeks now (see “Housing rentals in Moscow and the Moscow region: owners are not renting out, and apartments are empty” ).
      It is noteworthy that, unlike other market segments, the profitability of renting luxury apartments and apartments in Moscow has increased compared to the pre-crisis period, since rental rates have fallen less than prices for luxury apartments. Thus, if the average supply budget in the elite market in dollar terms from 2013 to the second quarter of 2016 decreased by half, then the average rental budget decreased by only 26%, notes Alexander Shibaev, director of the consulting, analytics and research department at Blackwood.
      But the game is still not worth the candle. According to the same Blackwood, as of the end of the second quarter of 2016, the average rental yield of luxury apartments and apartments in Moscow is about 4.6%. And the real one, taking into account the downtime of the premises, is even less - about 4%. For comparison: even at the super-reliable and low-income Sberbank, deposit rates now reach 6.8% per annum, another state bank - VTB24 - offers up to 8.65% per annum, Gazprombank - up to 9%.
      It is not surprising that there are almost no pure investors left on the market - those who buy apartments for rent and/or resale. “Today in the rental housing market, as well as in the real estate market as a whole, the share of private investors tends to zero: since supply in all segments significantly exceeds demand, it is extremely difficult to sell a property profitably today,” says Oksana Polyakova, deputy director of the company’s apartment rental department "INCOM-Real Estate".
      According to Anna Rtishcheva, head of the office “Century 21 Rimarkom Troitsk” (partner of the Realtor Corporation “Megapolis-Service”), “such a business was profitable before the crisis, that is, until about 2014, and now, when prices for housing is declining and it is difficult to predict the exact timing of a change in this trend to the opposite; few people consider such investments interesting.” As Roman Babichev explains, previously it was possible to make money not only from rent, but also from rising housing prices - especially if you bought an apartment in a new building at the initial stage of construction. In 2012-2013 the price increase as the stage of home completion increased was 25-40% - see “What to do if you really want to invest in real estate.” “But now such a global rise in prices is not happening. The new tax aggravates the situation: when selling, it does not allow you to earn anything on resale,” adds Babichev.
      We are talking about changing the mechanism of tax benefits for the sale of housing, provided on the basis of the period of ownership of real estate. Until 2016, the minimum period for resale of real estate without paying personal income tax was three years or less if the transaction price specified in the contract did not exceed 1 million rubles. Now the minimum tenure has been increased to five years (an exception is made only for real estate received by inheritance or as a result of privatization). Understating the transaction amount in the contract will also not help evade tax. If the official income from the sale of real estate is less than 70% of the cadastral value of the property, determined as of January 1 of the year in which the transfer of ownership was registered, income subject to personal income tax is recognized as 70% of the cadastral value of the property as of that date.
      Of course, the crisis will not last forever, someday demand in the rental market will increase, the exposure period will decrease, and rental rates and apartment prices will go up. But when this will happen and at what pace positive changes will occur, no one really knows yet. Therefore, it is probably better to hold off on buying apartments for rent.
      If you still buy
      However, if for some reason there is a need for such an investment - say, an apartment is bought for children, and until they grow up, the property is planned to be rented out - when choosing a suitable option, you should first of all pay attention to transport accessibility. Namely, proximity to the metro or, at worst, to the railway station.
      “Many tenants are not concerned about the comfort of living, but specifically transport accessibility, the opportunity to the maximum short time get to work,” explains Anna Rtishcheva. “Of course, if the apartment is in frankly terrible condition, then the rent is lower, but even for such housing, in the end, a tenant will still be found.”
      But realtors do not recommend buying apartments for rent, although they are cheaper than apartments with almost the same rental rates. The fact is that due to the unsettled legal status, the apartments are difficult to sell.
      Realtors are leaving the rental market
      Private investors were not the only “victims” of the crisis. The fall in rental prices, the huge excess of supply over demand and other negative factors have intensified competition among professional brokers. As a result, the real estate commission, previously stable equal to the monthly rental rate, decreased not only in absolute but also in relative terms.
      “In conditions of reduced demand, the size of the realtor commission, along with a direct reduction in rental rates, is one of the ways to attract clients. Today, realtors have a more flexible approach to this issue and are ready to give in in the fight for the client,” says Alexander Shibaev.
      According to Maria Zhukova, commissions on the rental market can currently range from 100% to 20% of the cost of renting housing. “The cost of a realtor’s service depends on many factors: the time spent on the service, the list of services. After all, spend full complex services (including search, negotiations, inspection, conclusion of an agreement) or simply showing an apartment and drawing up an agreement - these are completely different services that cost differently,” notes Zhukova.
      The problem is that clients are becoming more and more independent, showing less and less interest in the services of real estate agencies. Increasingly, potential tenants are contacting the company with a formed request regarding a specific residential complex, notes Shibaev.
      As a result, realtors' incomes are falling, and many companies are forced to dump. Roman Babichev estimates the decrease in profitability from professional activities at 20-25% compared to 2014, “and the number of transactions has practically not decreased.”
      The worst situation is outside the Moscow Ring Road. In New Moscow and surrounding cities of the Moscow region, realtor commissions have been reduced to 5 thousand rubles, says Anna Rtishcheva. “A similar situation, according to colleagues, has developed in other cities of the Moscow region,” continues Rtishcheva. - In general, for the majority of real estate companies in New Moscow and the Moscow region, real estate rental has become far from being part of the main business. In the rental market for realtors, as a rule, one-time earnings remain. Therefore, many NAs stopped seriously doing this, switching to supporting traditional purchase and sale transactions...”
      Read in full: http://www.irn.ru/articles/39403.html
      Information taken from
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      Exactly so, and also: “If you can’t handle it in a week, then I have someone to rent it to without you, people were interested from the first floor, or “My relatives want to rent it from me, but I think it’s better to rent it to strangers, but if no one wants You won’t find 50 thousand, they will arrive in a month and I will rent to them,” “there is another agent, but he is on vacation”... And so on. We sometimes hear this and similar things from owners, both those who applied for the first time, and so on. and those who have already worked with us. Why do they say this? What motivates them? Often this is true, sometimes in this way the owners of the apartments try to “spur” the agent. In any case, the owner makes a big mistake when starting such a conversation. teeth and with a smile on my face, I try, after such words, to still do everything humanly, although thoughts appear to do it faster, and not better. Some Vasya agent will quickly forget (if he had any) any desire to find good tenants. , but refuse the bad ones and will push anyone around, as long as you don’t rent out your home to a friend from work, who doesn’t know anything yet, but is actively looking. So I ask you! Don't tempt the agent! Tell him that he will work alone, WITHOUT COMPETITORS. Let him do his job well. Refusing those who he thinks might bring problems and populate those he considers good people. And for this we don’t need much... It’s enough for us to know (it’s better to say this right away) that you value our work and, with the right approach on our part, you won’t go to the left. You won’t regret dropping five thousand for peace of mind. Say: Sasha, Volodya, Yulia, Lesha, Sveta, Yura, etc. “If you really know and can rent out my apartment good people, for a normal price - you have the cards in your hands, no one will get here without you and I will work ONLY with you! Then we, in turn, will do everything to ensure that you are satisfied. We will organize everything calmly and efficiently , knowing that they won’t drive us away from behind! Let’s drive away the insolent people and settle in with honest people, feeling the rear is protected by the owner. We won’t be afraid to send freeloaders away at the show, being sure that you are on our side, after all, an agent is not a machine, if only! clients begin to “press” him at the apartment about the commission, or he doesn’t like people for some reason, he must know that the owner is on his side and will not betray him, he must be sure that the owner supports him and, by sending clients that are unpleasant to him, that the owner will not open the door for them without him if they return. The agent will work for himself, too, knowing that next time you will contact him again. Let the agent work calmly, do not bother him or blackmail him. You don’t always pay for our services (by the way, this is welcome, but not required). So at least don’t tempt the right word. Thanks a lot! I love all! Take care of each other)
      Ps an agent, like any other person, can make a mistake, but its likelihood will be much less if he is not haunted by the fear of losing you. Thank you for your attention.
      Notes not from a theorist, but from practice. Sincerely, Alexander.

  • Quite often, apartment owners, when leaving for a long time, rent out their homes. Many of them are forced to return as soon as problems arise with the tenants or with the apartment, spending a lot of money on this. However, now in the real estate market this type of encumbrance, such as trust management of an apartment, is gaining momentum. By concluding a trust management agreement for an apartment, you no longer have to spend time and money solving problems related to rent.

    What is trust management

    Chapter 53 of the Civil Code is devoted to trust management as an encumbrance. If the apartment is encumbered, what could this mean? With regards to trust management, this means that the owner of the apartment (according to the law - the “founder of management”) transfers his rights as a tenant to another person (the “trustee”).

    This type of activity is not licensed, so you can entrust the apartment to any person, for example, a lawyer or realtor, maybe a real estate agency, and this person must be registered as an individual entrepreneur or a commercial organization.

    The apartment is managed on the terms agreed upon by the founder and manager, who enter into a trust management agreement. Such an agreement is registered with the Cadastral Chamber.

    Trust management agreement

    According to the agreement, the manager enters into lease agreements on his own behalf, but in the interests of the founder. The founder cannot rent out this apartment to himself; such a prohibition is contained in Article 1015 of the Civil Code.

    The apartment trust agreement, a sample of which you can download, must be drawn up in writing.

    In all documents signed by the manager, for example, in a lease agreement, after the name of the manager, the mark “D.U.” must be made, which means that the apartment is encumbered by trust management - this is required by law.

    The contract must include the following conditions:

    • name and details of the parties to the agreement;
    • description of the apartment (this includes all data about the apartment contained in the certificate of ownership);
    • the amount and form of payment under the contract (in Russia this is 10-20 percent of the monthly rent, which is also paid monthly);
    • validity period (up to five years).

    In the absence of at least one of the listed conditions, the contract is not considered valid; this is required by Article 1016 of the Civil Code.

    The trustee can delegate his management powers to another person, but he will be independently responsible for the actions of the trustee. Speaking about the responsibility of the manager, it is worth noting that he compensates for losses caused to the founder in full, but only under the conditions specified in the contract.

    The term of the management agreement cannot exceed five years, but if neither party declares its termination, it will be considered extended for the same period and on the same conditions.

    The contract is terminated in the following cases:

    • if the owner of the apartment is declared incompetent, taken into guardianship or dies;
    • the founder goes bankrupt;
    • if he refuses for some reason, paying the manager the required remuneration.

    Nuances of the management agreement

    Typically, the contract includes the following responsibilities of the manager:

    • search for tenants;
    • payment for apartment downtime;
    • drawing up and concluding a lease or lease agreement;
    • transfer of the apartment and the property contained in it according to the transfer and acceptance certificate with a mandatory inventory of the property and its condition;
    • regular verification of compliance with the terms of the lease agreement (visiting the apartment, interviewing neighbors);
    • receiving rent;
    • payment of utility bills or verification of their payment by the tenant;
    • apartment insurance;
    • carrying out routine repairs of the apartment or the property located in it, for example, household appliances;
    • paying taxes for you and filing a return if you are a law-abiding citizen.

    The contract must clearly state what requirements you place on tenants, the level of rent, and how often tenants need to be checked. Also specify how and in what amount the rent and the amount of management fees will be transferred to you.

    Pay special attention to the method and amount of compensation for damage, if this may happen on the part of the tenants.

    Fix in the contract the condition under which the manager will report to you - the reporting periods and the method of delivering them to you (for example, by email).

    Trust management renting an apartment, although it incurs certain costs on your part, but removes from you the burden of solving all the troubles that arise with the residents.

    In addition, with such management, you will not need to spend money on travel to solve rental problems.

    House Management is a planned
    peace in your home.

    PROPERTY MANAGEMENT, what is it... in more detail or in more detail

    PROPERTY MANAGEMENT is modern service, which has become quite popular in the real estate market in Moscow. This is a process involving interaction between an investor and a professional trader. In this case, the client, under an agreement, transfers real estate to a certain organization, for example, “Dom Management”. He remains the owner throughout the entire transaction.

    Today, this type of service is provided by various organizations, banks, and investment firms. Their activities must be supported by an appropriate license. Today, trust management is relevant for those owners of real estate who live in another city or abroad, regularly and for long periods of time on business trips, and do not have free time and desire to deal with this issue. As you know, real estate is a profitable investment, but it can also provide a number of inconveniences to the investor. This type of service is necessary for those who cannot independently deal with the issues of renting their home.
    The apartment may remain empty for a long time and not be in demand among tenants. In this case, its owner suffers unnecessary expenses. In such situations, apartment supervision is needed. The manager takes on all the necessary responsibilities, relieving the owner of technological, economic and legal issues. The deal will bring him a profit of maximum size. There is also no risk of getting into a situation with scammers or unscrupulous tenants. The housing will not be idle, and the owner will not need to spend extra money.
    The choice of organization must be made with special care. The property owner needs to explore all available options, become familiar with the activities and reputation of a particular company.
    You often go on long business trips, live for a long time abroad or in another city and you have no one to entrust with caring for your apartment...
    You are a busy person, and you want to spend more time with your family, rather than dealing with the routine of worrying about real estate...
    You have an apartment or office that can be rented out, but you don’t have time to search for tenants and then control them...
    Entrust the care of your apartment, house, or office to Dom Management! We will professionally service your property. And you will be able to work, relax or spend time with your family in peace.

    By concluding a contract, you will be calm about the condition of the premises in your absence. Our specialists: managers, electricians, plumbers, cleaning service, will promptly resolve all technical and household issues:

    • We will install a security alarm and provide 24-hour surveillance.
    • We insure real estate, property and civil liability.
    • We will pay utility bills and housing and communal services.
    • We will carry out routine repairs of communications, cosmetic repairs, and, if required, major repairs of premises, with the preparation of a detailed estimate.
    • We will provide constant care for the house or apartment: we will maintain cleanliness and monitor the garden plot.
    • We will provide a detailed report on the expenditure of funds for maintenance.

    PROPERTY MANAGEMENT- this is an opportunity to have additional income from renting out an apartment, because our specialists will take care of the apartment:

    • We will find a reliable employer ourselves and conclude an agreement with him.
    • We will ensure compliance with the terms of the rental agreement.
    • We will prepare the apartment for rent. We will put things in order and do the necessary repairs ourselves: from cosmetic to major, taking into account the available budget.
    • We will monitor the condition of housing and the safety of property.
    • We will eliminate the damage caused by the employer.
    • We will translate for you regularly rent in a way convenient for you.

    At your request, we will provide a photo and video report on the documentation and condition of your property.

    Our main principle is convenience for the client and reasonable prices. That is why the owners of their apartments cooperate with us, regardless of the status of their housing.

    Who is this service for and how much does it cost?

    Owners who have formalized trust management of residential real estate, with our company “Dom Management”, will no longer have to worry about their property and receiving income from the tenant when renting out an apartment.

    Control over the safety of property, collection of monthly rent, selection of honest tenants, payment of utility bills for the apartment - all this is now the responsibility of our real estate agency.

    The real estate market in Moscow is the most intense and competitive in the country. In order to retain good guests, owners often do not pay attention to the drop in rental costs due to rising inflation. They are afraid to raise the monthly fee.

    With our real estate agency, you will make sure that you can and should trust us. We guarantee you our responsible and careful attitude towards your property and the property located in it and we demand this from tenants.

    Service PROPERTY MANAGEMENT makes successful entrepreneurs out of people who seem to have nothing to do with the world of business.

    Are you struggling to talk to your tenants about paying rent? Do you still succumb to persuasion to delay payment, and then regret your softness? From now on, the real estate agency will represent your interests in these unpleasant matters.

    How much does this service cost? Our prices are among the most affordable in Moscow.

    Trusted property management with Dom Management - for people who value their time!

    Plan your life.

    Trust management in 5 steps

    click on the picture to find out how...

    Save your time...

    We are all living in open country when you can go to work, live or study in any city, in any country. And some have several apartments that are rented out, and they simply live on the rent they receive in a convenient and comfortable place. But what to do with the apartment? You need to pay for it, monitor it, maintain it, move in and evict tenants in the end. Relatives and friends can help you and do it for you once, but there are few people willing to take on such a burden every month.

    Can this stop you?

    All these problems are easily solved.

    You can rent out the apartment under trust management.

    As a rule, we are approached with such questions by people who, having repeatedly rented out their property through us, became convinced of our integrity and, in the end, themselves asked to look after the apartment they were renting out and send them money to a card, i.e. hire us to provide such a service. Your job is only to determine the monthly price for renting out the property and issue a power of attorney.

    Responsibilities of the Agent when renting out an apartment for trust management.

    To do this, the owner of the property enters into a so-called TRUST MANAGEMENT AGREEMENT with a representative of our company - one of our agents (in person), or, more simply put, hires her to look after the apartment: check its condition once a month, check the safety of the property, move in and evict tenants, take readings from metering devices, fill out receipts for payment of housing and communal services, pay bills for housing and communal services and taxes, resolve all sorts of issues that arise with housing and communal services, as well as monitor the safety of real estate, and finally, the most pleasant thing for you is to receive money from them and deposit it to your card. Everything is according to the law, in accordance with Article 1012, Chapter 53 of the Civil Code of the Russian Federation.

    The agent undertakes, and necessarily fulfills all the above conditions, to provide you with a monthly report on the condition of the apartment, the safety of property, water and light meter readings, and payment of bills for housing and communal services taxes.

    Payment when handing over the apartment to trust management.

    For these services, the Agentess receives 10% of the monthly amount for renting an apartment (at least 3,500 rubles), and transfers the rest directly to your card.

    In order to represent your interests, and no one sent the Agent to hell, you give a POWER OF ATTORNEY FOR TRUST MANAGEMENT, which will list those points that you trust in representing your interests.

    Read the contents of the POWER OF ATTORNEY FOR TRUST MANAGEMENT in the pictures attached to this publication.

    Thus, your problem turns into a pleasant moment of receiving money.

     

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