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Real Estate NR Management Agreement

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REAL ESTATE NR MANAGEMENT AGREEMENT

PARTIES AND PROPERTY

This Real Estate Non-Residential Property Management Agreement (the Agreement) is made between:

PROPERTY IDENTIFICATION

RECITALS

Owner owns the non-residential property identified above and desires to retain Manager to manage, operate, lease and maintain the Property in accordance with the terms and conditions set forth in this Agreement. Manager represents that it is duly qualified and experienced to perform such services and agrees to perform in a commercially reasonable manner.

APPOINTMENT AND AUTHORITY

Owner hereby appoints Manager as the exclusive agent to manage and operate the Property. Manager is authorized, on behalf of Owner, to take customary actions in the ordinary course of business including, but not limited to, leasing, collecting rents, contracting for maintenance and repairs, hiring agents and contractors, and disbursing funds from the Property account as provided in this Agreement, subject to limitations herein.

TERM

The term of this Agreement shall commence on and shall continue until unless earlier terminated pursuant to this Agreement.

MANAGER DUTIES

Manager shall perform, at a minimum, the following duties in a commercially reasonable manner:

a) Rent and Receipts: Collect rents, charges and other income, issue receipts, and apply funds to pay authorized expenses; pursue eviction or collection actions as necessary.

b) Leasing and Marketing: Advertise and show the Property, negotiate lease terms within approved parameters, execute leases on Owner’s behalf when empowered, and handle tenant screening.

c) Maintenance and Repairs: Contract for repairs and maintenance up to the approved expenditure threshold of $ per occurrence without prior Owner approval. Repairs in excess of that amount require Owner written approval except emergencies.

d) Vendors and Contractors: Select and supervise contractors and vendors; negotiate contracts and warranties; ensure compliance with applicable laws and licensing requirements.

OWNER DUTIES

Owner shall maintain all required insurance on the Property, fund any reserve or operating accounts as agreed, timely reimburse Manager for authorized expenditures, and provide Manager with true and complete records necessary for performance. Owner shall not interfere with Manager’s performance of routine duties.

COMPENSATION AND FEES

Owner shall pay Manager the following compensation in exchange for management services:

Reimbursement: Manager shall be reimbursed for all reasonable out-of-pocket expenses incurred on behalf of the Property, including advertising, vendor invoices, legal fees advanced, and insurance premiums, upon submission of supporting documentation. Manager may deduct fees and authorized expenses from collected rents prior to remittance to Owner.

INSURANCE, INDEMNITY AND RISK ALLOCATION

Owner shall maintain commercial property insurance, liability insurance and any other coverage required by law or reasonably required by Manager. Owner shall name Manager as an additional insured or loss payee where reasonably available. Owner and Manager each agree to indemnify and hold the other harmless from claims arising out of the indemnifying party’s negligence, willful misconduct or breach of this Agreement.

MAINTENANCE, REPAIRS AND CAPITAL IMPROVEMENTS

Manager may authorize and contract for routine maintenance and emergency repairs. For non-emergency capital improvements exceeding $, Manager will obtain Owner’s prior written consent. Manager shall obtain at least two written bids for projects exceeding $ when practicable.

LEASING, SECURITY DEPOSITS AND TENANT RELATIONS

Manager shall advertise, show and lease space for terms and rents consistent with market practice and as approved by Owner. Security deposits received from tenants shall be held in accordance with applicable law and credited to the Property account. Manager may execute leases on behalf of Owner if the lease terms do not exceed months and meet the rent and material term parameters previously approved by Owner.

RECORDS, REPORTING AND AUDIT

Manager shall maintain accurate books and records of receipts and disbursements relating to the Property and shall provide monthly statements and an annual accounting to Owner. Owner or Owner’s authorized representative may inspect or audit records upon reasonable notice during normal business hours; such inspection shall not unreasonably interfere with Manager’s business.

TERMINATION

Either party may terminate this Agreement upon days' prior written notice. Termination for cause may occur immediately if a party materially breaches this Agreement and fails to cure within days after written notice of breach. Upon termination, Manager shall deliver final accounting and remit all funds due to Owner less fees, expenses and liens.

DEFAULT AND REMEDIES

In the event of default by either party, the non-defaulting party may pursue all remedies at law or in equity, including injunctive relief, specific performance and damages. The prevailing party in any action to enforce this Agreement shall be entitled to recover reasonable attorneys' fees and costs.

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, together with any attachments or addenda executed by the parties, constitutes the entire agreement between Owner and Manager and supersedes all prior negotiations and agreements with respect to the Property.

NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the contact address of each party below by hand, certified mail, or nationally recognized overnight courier.

DISCLOSURES

The Owner discloses the following known conditions affecting the Property:

Lead-Based Paint Present:

Mold or Water Intrusion History:

Prior Material Structural or Environmental Damage:

MISCELLANEOUS PROVISIONS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld.

Severability: If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

Amendments: This Agreement may be amended only by a written instrument signed by both parties.

ADDITIONAL TERMS / SPECIAL INSTRUCTIONS

Owner (Print Name):

By:

Date:

Manager (Print Name):

By:

Date:

Enter text✕

What the Real Estate NR Management Agreement Is

A Real Estate NR Management Agreement is a legally binding contract that sets out the duties, authority, compensation, reporting, and liability terms between a property owner (often a non‑resident owner) and a property manager. It clarifies scope of management services, payment schedule, length of engagement, termination rights, insurance and indemnity requirements, and procedures for repairs, tenant communications, and accounting. The agreement creates the operational and legal framework for day‑to‑day property administration and establishes who may bind the owner for leases, repairs, and third‑party agreements involving the managed property.

Why a Clear NR Management Agreement Matters

A well‑drafted Real Estate NR Management Agreement reduces disputes, ensures regulatory compliance, and protects both owner and manager by documenting authority, expected performance, fees, and notice procedures. For cross‑jurisdictional relationships it clarifies applicable law and record retention obligations under ESIGN and UETA where e-signatures are used.

Why a Clear NR Management Agreement Matters

Who Typically Prepares and Signs This Agreement

Use the contract to assign decision rights, limit liability, set reporting cadence, and specify applicable state law for disputes.

  • Property management firms and independent managers who need clear authority and payment terms when managing out‑of‑state or nonresident owners.
  • Individual real estate investors or LLCs with absentee owners who require documented delegation of leasing, maintenance, and vendor approvals.
  • Legal counsel or brokerages drafting standardized management forms for use across portfolios and franchise offices.

Common Roles and Responsibilities

Property Manager

Manages daily operations, collects rent, arranges repairs, hires vendors, maintains insurance and records, and provides periodic financial reports. The manager’s authority should be precisely listed to avoid unauthorized contractual obligations.

Owner / Investor

Provides property, approves major expenditures, receives reports and distributions, and retains ultimate control as specified. Nonresidency can create tax and service‑of‑process considerations; include contact and remittance instructions.

Core Elements to Include in the Agreement

A comprehensive Real Estate NR Management Agreement combines operational detail with legal safeguards so both sides understand scope, compensation, limits of authority, and dispute resolution.

Parties

Full legal names and entity types of owner(s) and manager, including business registration details and contact addresses to ensure correct attribution.

Scope of Services

Detailed list of duties such as leasing, tenant screening, rent collection, maintenance coordination, vendor procurement, eviction handling, and bill payment authority.

Compensation

Management fee structure (percentage or fixed), invoicing schedule, reimbursable expenses, late fee policies, and how fees are calculated for partial months.

Term and Termination

Initial term, renewal mechanics, termination for cause or convenience, notice periods, and post‑termination transition responsibilities.

Authority Limits

Monetary approval thresholds, vendor selection rules, emergency repair caps, and whether the manager can sign leases or bind the owner contractually.

Liability & Insurance

Indemnity clauses, required insurance coverages and minimum limits, bonding if applicable, and how claims and third‑party liabilities are handled.

Step‑by‑Step: Completing the Agreement

Follow these steps to prepare a complete, enforceable Real Estate NR Management Agreement.

  • 01
    Gather documents: Collect property deed, owner ID, and entity formation papers.
  • 02
    Draft scope: List duties, authority limits, and fee calculations clearly.
  • 03
    Review legal terms: Check indemnity, insurance, and dispute resolution clauses.
  • 04
    Sign and retain: Execute, date, and store originals and digital copies securely.

Typical Document Flow for Execution and Distribution

Use a clear routing path so each party completes required steps in order and receives final records.

  • Prepare: Draft agreement and attach exhibits such as fee schedules and property inventory.
  • Authorize: Obtain internal approvals from owner’s authorized representative or board if required.
  • Execute: Sign via wet signature, remote online notarization, or eSignature per agreed method.
  • Distribute: Provide final signed copies to owner, manager, and retained counsel; store central master file.

Recommended Digital Workflow Settings

Configure a digital workflow that secures signatures, captures audit data, and routes copies automatically.

Field Configuration
Signer Authentication Email link + optional SMS code for higher assurance
Signature Order Sequential to ensure manager signs after owner approval
Audit Trail Capture IP, timestamp, and action log for each signer
File Formats Use PDF/A for long‑term retention and immutability

Digital Signing and Integration Considerations

Ensure the chosen solution logs an audit trail, retains signed copies, and meets any regulatory encryption or security requirements applicable to your jurisdiction.

  • File types: Support for PDF, DOCX, and image attachments is advisable for exhibits and proof documents.
  • Integrations: Integrates with CRM/ERP systems like Salesforce, NetSuite, and Microsoft 365 for automated recordkeeping.
  • Authentication: Options for SMS, knowledge‑based verification, and SSO improve signer assurance when needed.

eSignature Vendor Comparison for Executing a Real Estate NR Management Agreement

Compare common vendor pricing and capabilities relevant to secure signing, bulk distribution, and regulatory compliance for management contracts.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7‑day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Key Legal and Financial Risks to Watch

Improper Authority: Manager exceeded authority can create binding obligations
Recording Errors: Failure to record required instruments can impact title
Tax Reporting: Incorrect owner information may trigger backup withholding
I‑9/Employment: Improper hiring documentation exposes employer penalties
Contractual Ambiguity: Vague clauses amplify litigation risk and costs
Late Filings: Missed tax or reporting deadlines can accrue penalties

Common Mistakes When Preparing the Agreement

  • Using a generic template without tailoring monetary thresholds, which can leave owners exposed to unauthorized expenditures.
  • Failing to name the legal entity precisely, causing bank and vendor payment rejections and tax reporting mismatches.
  • Omitting dispute resolution and jurisdiction clauses, which increases cost and complexity if litigation arises across state lines.
  • Relying on unsigned or unsigned exhibits such as fee schedules or inventories, creating ambiguity about enforceable terms.

Practical Examples from Real Users

Two condensed examples show how managers and owners use eSignatures and templates to execute management agreements reliably.

Optica Ventures LLC — Brian Fitzgibbons, COO

Optica consolidated management documents across states to standardize terms and speed approvals.

  • Manager used tiered approval thresholds to limit spending.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers."

Martin Properties — Tim Martin, Founder

A small owner used online signing and mobile execution to finalize urgent renewals.

  • Signatures captured within 24 hours reduced vacancy loss.
  • "I can process and execute all of these documents online with 100% compliance and built-in security."

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit; AES‑256 at rest
Certifications: SOC 2 Type II and ISO 27001 available
Regulatory: ESIGN and UETA compliant for U.S. transactions
Healthcare: HIPAA compliant with a signed BAA
FDA / Records: 21 CFR Part 11 support for regulated workflows
Accessibility: WCAG 2.0 Level AA conformance

Practical Tips for Accurate and Efficient Completion

Follow these practical practices to reduce errors and streamline execution of management agreements.

Standardize a Master Template
Create a single master agreement that includes required exhibits and state‑specific addenda; reduces review time and ensures consistency across properties and jurisdictions.
Define Monetary Limits
Spell out exact approval thresholds and emergency spending caps to prevent disputes and provide clear guidance to vendors and staff.
Document Authority
Include a signatory authority matrix showing who can sign under what capacity to prevent unauthorized commitments and bank processing problems.
Retain Signed Originals
Keep signed PDFs and, where required, notarized originals in a secure repository with retention rules and an index for audits and title searches.

Key Timing and Notice Deadlines to Track

Track execution and operational deadlines listed below to ensure contractual and regulatory compliance.

Effective Date:

Date obligations begin; impacts notice and termination timing

Termination Notice:

Typically 30–90 days depending on clause language

Invoice Cycle:

Monthly or quarterly payment dates as specified in Compensation

Annual Report:

Yearly financial reconciliation and tax document delivery

Emergency Response:

Immediate notification required for safety or code violations

Typical Processing Milestones from Draft to Operation

A sequential milestone list clarifies which actions occur and when during the agreement lifecycle.

01

Draft Preparation

Compile property details and exhibits before sending for review

02

Internal Review

Owner and manager review and request edits or approvals

03

Execution

Signatures, notarization or RON, and exchange of final copies

04

Onboarding

Manager implements operations, transfers keys, and begins reporting

Frequently Asked Questions About the Agreement

Answers to common legal, execution, and storage questions when preparing or signing a Real Estate NR Management Agreement.


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