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This time, it was distributed on CONSPIRIT's official channel on YOUTUBE.Episode 45: Boost your quality of life with real estate management!I would like to send you the contents.

If your property is located in an area where you don't consider allowing elderly people to live there, it will be difficult to increase occupancy rates...
I'm sure there are many owners who have the same concerns.

However, it is true that welcoming an elderly person into your home alone brings with it various problems and risks.

This time we will talk about one of those concerns: removing belongings left behind when someone passes away.

Reasons for promoting model contract clauses for left behind property disposal

In June 2021, the Ministry of Land, Infrastructure, Transport and Tourism and the Ministry of Justice published "Model Contract Clauses for the Disposal of Left Behind Items, etc."
When an elderly person living alone in rented housing dies, it is often unclear whether there are any heirs or where they are, leaving many with problems terminating the rental contract or disposing of belongings such as furniture and other belongings left behind.

Considering the risks, landlords often refuse to allow elderly people living alone to live in their properties.

This model contract clause was announced in order to alleviate owners' concerns as much as possible and promote housing security for elderly people living alone.

Who is covered by the model contract clauses for the disposal of left behind items?

To briefly touch on the content, before concluding the lease agreement, the "tenant" selects an "agent",
1. Termination of lease agreement
②Concluding a post-death affairs delegation contract regarding the disposal of leftover belongings
It is considered effective to include this in the rental agreement.

Ideally, the "agent" would be the tenant's presumptive heir, but if that is difficult, a third party such as a housing support organization or management company may be appointed.

However, since the owner has a conflict of interest with the tenant, he or she cannot act as an "agent."

In addition, this model contract clause is only intended for "elderly people aged 60 or older living alone," and in some cases it may be deemed a violation of the Civil Code and the Consumer Contract Act and invalidated for younger people, two-person households aged 60 or older, or elderly people who can provide a guarantor even if they live far away.

Actual implementation of model contract clauses for disposal of left behind items

In actual practice, residents are required to sort out and list in advance the belongings that will be disposed of in the event of their death and those that will not be disposed of as "designated remaining items."

This means that your estate must be left in a state that allows your trustee to make decisions and recognize them after you pass away.
You will also need to inform the agent of the recipient and address to which the designated left items should be sent.

On the other hand, if a tenant passes away, the agent will check with the known heirs to see whether the lease agreement should be continued, and if it is not necessary to continue, they can terminate the lease agreement by agreeing with the owner.

In addition, any items left behind can be disposed of after a certain period of time, at least three months, has passed, or after the lease agreement has been terminated.

When the agent disposes of, sends, or removes left-behind items, a third party other than the agent must be present. If the agent is a management company, for example, the owner may be required to be present.

Details of this model contract clause can be found on the Ministry of Land, Infrastructure, Transport and Tourism website.herePlease take a look.

Model contract clauses for disposal of left behind items, future prospects

As the population continues to shrink, we may see an increase in property owners considering accepting elderly people living alone in order to maintain their rental property operations.

It goes without saying that it is important to take measures in advance to prevent anything from happening, but in the unlikely event of an emergency, requesting that compensation be added to tenant contents insurance and incorporating model contract clauses like these to aim for high occupancy may become one of the strategies for real estate management in the future.

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