Rental management mandate, the obligations of the agent

2024-01-14 23:00:00

As owners, you entrust an agent with the task of managing your best interests. This agent, often a real estate professional such as Valority, then undertakes to carry out various tasks essential to the smooth running of the rental of your property. These responsibilities include finding reliable tenants, drafting and managing rental contracts, as well as maintaining and regularly monitoring the condition of your real estate.

In this article, we will detail the precise obligations of the agent within the framework of the rental management mandate, so that you clearly understand what your rights are and what you can expect from this collaboration. This will allow you to make informed choices and guarantee optimal management of your rental properties.

Definition of the rental management mandate

This mandate is a written contract, which establishes a formal relationship between you, as owners of real estate, and an agent, usually a real estate professional. This contract allows you to delegate the management of your real estate to this agent, in order to free yourself from the administrative, financial and technical constraints linked to rental.

The distinction between you, the principals, and the agent is crucial. As principals, you remain the owners of the assets and retain ultimate control over them. The agent, for his part, acts on your behalf to manage the day-to-day aspects of rental, such as finding tenants, managing lease contracts, maintaining the property, and communicating with tenants. You entrust him with these responsibilities, in exchange for which he receives remuneration, often in the form of a percentage of rental income or management fees.

Principal obligations of the agent

In his role as rental management agent, he is bound by several key obligations to ensure efficient and responsible management of the real estate he manages. These obligations are as follows:

Search and selection of creditworthy tenants: He must find reliable tenants and check their solvency. This step is crucial to ensure a stable and profitable rental.

Drafting and signing of the lease: He is responsible for drafting lease contracts in accordance with current legislation. It is essential that these contracts are clear, fair and legally sound to protect the interests of both landlords and tenants.

Organization of visits and entry inventory: It is his responsibility to plan and manage visits to real estate. In addition, he must carry out entry and exit inventories, essential for documenting the condition of the property at different times during the rental.

These obligations constitute the basis of its mission as an agent, and their proper execution is essential to maintain the trust of its clients and the sustainability of its rental management activity.

Day-to-day management of the property

The day-to-day management of the property constitutes an essential part of the responsibilities of the rental management agent. This involves several key tasks:

  1. Rent collection : The agent is responsible for collecting rent from tenants. This responsibility includes managing timely payments and tracking potential payment delays.
  2. Management of payments and charges : In addition to collecting rent, the agent must take care of the annual regularization of charges and sending rent receipts to tenants.
  3. Necessary maintenance and repairs : He is also responsible for the maintenance and repairs of the property. This includes managing minor and major repairs, as well as regular maintenance to preserve the quality and value of the property.
  4. Communication with the owner and tenant : A crucial aspect of rental management is maintaining clear and regular communication with the owner and tenants. This helps ensure that all parties are informed of important housing developments.

Legal and administrative aspects

The legal and administrative aspects are a crucial component in the rental management mandate. The agent must:

  1. Comply with local and national legislation : It is imperative that the agent is constantly informed of the laws in force concerning real estate rental, in particular those relating to the rights and duties of tenants and owners.
  2. Manage administrative and legal documents : This includes the preparation and management of all documents necessary for the rental, such as lease contracts, inventory reports, notifications and formal notices. The agent must ensure that all documents comply with current legal and regulatory standards.
  3. Ensure regulatory compliance of the property : The agent has the responsibility to ensure that the property complies with the required safety, hygiene and environmental standards, thereby avoiding any violation of current laws.

Conflict management

In rental management, special situations and conflicts can arise, requiring skillful management on the part of the agent. These situations include:

  1. Management of late payments : In the event of late payment of rent, the agent must intervene to resolve the problem, by communicating with the tenant and taking appropriate measures to recover the amounts due.
  2. Treatment of damage to property : If damage occurs to the property, the agent is responsible for assessing the damage and coordinating necessary repairs, while ensuring that the rights of the owner are protected.
  3. Dispute resolution : In the event of a dispute between the landlord and tenant, or with other parties, the attorney plays a crucial role in mediating and finding solutions, often in collaboration with legal professionals if necessary.

In conclusion, the rental management mandate gives the agent a central and multifaceted role, encompassing diversified responsibilities to ensure efficient and compliant rental management. From the search and selection of solvent tenants, through the drafting and signing of lease contracts, to the day-to-day management of the property, each step requires expertise and serious commitment. Compliance with legal and administrative aspects, as well as the ability to manage special situations and conflicts, are key skills. It is therefore essential to choose a competent and reliable agent to guarantee the success and profitability of your real estate investments.

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