In recent years, property owners are increasingly using the trust management mechanism. It allows you to generate the necessary income from the property, while significantly saving time and effort.
Features of trust management of property
Trust management implies the transfer of the existing real estate to a special person, who in the future, for a certain fee, performs all the required actions for renting the property. As a rule, leasing itself takes a lot of time and effort from the owner. After all, it is necessary to find potential tenants, to correctly execute the transaction, carefully monitor the timeliness of incoming payments, and quickly and efficiently solve recurring problems. When the premises are one, you can cope with this on your own. But if the real estate is represented by a large number, then considerable difficulties may arise.
It is for such purposes that there is a possibility of trust management. For many, it is much more profitable for the owner to shift the responsibility for controlling the leased premises onto the shoulders of a specially trained person. And although the total profit decreases due to the payment transferred to the manager, it is still much more profitable than coping with everything on your own.
When it is possible to use trust management
The most common cases of trust management are as follows:
1. If an individual or legal entity owns several objects that need to be leased.
2. If the owner of an apartment or other premises leaves for a long period and does not want (or does not have the opportunity) to remotely regulate all issues related to rent.
3. If the owner plans to move to live in another country, but does not want to sell the existing property.
It should be noted that not all real estate objects can be subjects of trust management. You cannot enter into such transactions in relation to:
1. A body of water.
2. Forests.
3. That land, which is located below the soil layers.
4. Real estate, which is in state or municipal ownership.
Legal framework for trust management of real estate
The relations between the persons participating in this process are governed by the Civil Code of the Russian Federation. The owner of the property has the right to transfer his property to another person in trust management for a period specified by an agreement (or other agreement, both written and oral). The manager himself, in the process of the procedure, does not receive ownership of this property, which is regulated by paragraph 4 of Article 209 of the Civil Code of the Russian Federation.
Clause 3 of Article 1012 of the Civil Code of the Russian Federation establishes that when concluding a lease transaction verbally, the manager is obliged to warn the person planning to rent real estate about his status. That is, that he himself is not the owner of the premises. When entering into a transaction in writing, the document must be marked "D. U." after the name of the manager.
The collateral object can also become the subject of trust management. According to article 1019 of the Civil Code of the Russian Federation, this is completely permitted. In this situation, nothing changes for the pledgee in terms of legal obligations. However, he is obliged to warn the trustee about the encumbrance of the property.
