Is it possible to challenge a rental agreement for an apartment and how to do it?

Is it possible to challenge a rental agreement for an apartment, and how to do it?

The heirs of a deceased citizen have the right to demand recognition of the transaction as invalid by filing a claim in court. The procedure for considering this category of cases is regulated by civil procedural law - the norms of the Code of Civil Procedure of the Russian Federation.

If the prevailing circumstances give reason to suspect that the transaction was initially concluded as a result of fraud or misrepresentation, the law allows you to contact the Police or the Prosecutor's Office.

You should be careful with direct accusations of this kind, since it is possible to be held liable for denunciation or slander under Art. 306 of the Criminal Code of the Russian Federation or 128.1 of the Criminal Code of the Russian Federation.

Is it possible to challenge an annuity agreement with lifelong maintenance?

In the event of a divorce, the spouses do not divide the property that was given by gift.

The recipient is not obliged to care for the donor or provide for him for life.
If the transaction is made between relatives, there is also the absence of tax on profits expressed by the receipt of real estate. If the contract is concluded between parties who do not have family ties, tax is mandatory. Among the disadvantages of the transaction for the recipient, the following points can be noted:
The new owner of the apartment does not have the right to evict the donor from the donated living space.
Despite the fact that the recipient receives full rights to dispose of the property, selling or renting out living space can be problematic.

What law governs

The procedure for concluding and features of annuity transactions are set out in the norms of Chapter 33 of the Civil Code of the Russian Federation. The same chapter also regulates contracts regarding lifelong maintenance. When recognizing a transaction as invalid, it is also necessary to refer to Articles 166-181 of the Civil Code of the Russian Federation, which establish the grounds for this.

Remember! The obligations of the parties to the transaction terminate when the death of the person receiving the annuity occurs, in accordance with Part 1 of Art. 605 of the Civil Code of the Russian Federation. Therefore, appeals to terminate the contract by the heirs do not make sense.

The only exception is circumstances that arose during the life of the testator. These are cases where the owner wanted to break the contractual relationship and return his property, but died before the case was considered by the court. This rule is provided for in paragraph 2 of Art. 605 of the Civil Code of the Russian Federation.

Such a situation, confirmed by documents, allows legal successors to participate in the trial as a plaintiff in a previously filed claim.

In other circumstances, heirs who do not want to recognize the existing agreement as legal must go to court. Their demand will be to recognize the previously completed transaction as invalid. The explanation is given in paragraph 73 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 9 of May 29, 2012.

Which is better, an annuity agreement or a will?

Gift deed for an apartment with lifelong residence of the donor

It is mandatory to include a clause where the donor agrees with the fact of his decision to donate the property and that he is of sound mind. When it comes to signing a gift agreement with the condition that the donor will live in this apartment for life, a separate clause is written down, which, in addition to this fact itself, may contain a number of non-property conditions. Summary A deed of gift for an apartment with lifelong residence of the donor is a regular gift agreement that specifies a specific condition.

Important

The Civil Code of the Russian Federation, as of 2021, allows this point and confirms its legality. For both the donor and the recipient, the transaction has its pros and cons

In addition to the right to live for life and free of charge in the territory of the donated living space, the donor cannot demand any material rewards or require personal care in return for the gift.

Legal grounds for challenging rent

To invalidate an existing contract, the plaintiff will have to prove the presence of one of the following facts when it was concluded:

the recipient of the annuity payments was not aware of the significance of his own actions (Article 177 of the Civil Code of the Russian Federation),
the rent payer misled its recipient (Article 178 of the Civil Code of the Russian Federation),
the annuity recipient signed the agreement as a result of exposure to threat, violence or other similar reasons (Article 179 of the Civil Code of the Russian Federation).

Know! If the reason for the conclusion of the transaction was other circumstances that are contrary to the law, they may also become the basis for the plaintiff’s claims.

The following are considered as such:

its commission by a person declared incompetent (Article 171 of the Civil Code of the Russian Federation),
concluding an agreement without the intention of causing legal consequences (Part 1 of Article 170 of the Civil Code of the Russian Federation),
committed with the aim of masking another, true transaction (Part 2 of Article 170 of the Civil Code of the Russian Federation),
concluding a transaction that contradicts the requirements of legislation and by-laws and violates the rights of other persons (Part 2 of Article 168 of the Civil Code of the Russian Federation).

Who can claim an inheritance if there is a will?

Rent and lifelong maintenance: 3 examples from judicial practice

Decisions in favor of the heirs are made by the courts only in cases where the grounds for the invalidity of the transaction are indisputably proven. Of course, annuity and lifelong maintenance are one of the complex categories of litigation.

Judges are also forced to take into account the interests of bona fide renters, and, as a rule, strive to leave transactions with them in force. Therefore, insufficient validity of the claim may lead to its refusal to satisfy it.

Judicial practice on annuity agreements is extensive; we will focus on three cases.

Example 1. The property owner did not understand the meaning of his actions

https://sudact.ru/regular/doc/YcPUCw9FxcLP/

In a case considered by the Ruzsky District Court of the Moscow Region, the heir under the will made demands for invalidation of the lifelong maintenance agreement with dependents, cancellation of the entry in the Unified State Register of Real Estate about the lessor's ownership of the disputed apartment, and recognition of the heir's ownership of the apartment.

It was established by the expert opinion carried out on the forensic examination case.

The depth of psycho-organic changes in the testator after a stroke was irreversible and was so pronounced that it deprived him of the ability to understand the meaning of his actions and manage them during the period of approval of the terms of the life support transaction (Article 177 of the Civil Code of the Russian Federation).

The court satisfied the heir's claims.

Example 2 The testator, when concluding a transaction, was mistaken about its nature

https://sudact.ru/regular/doc/63nCL8fZo8gj/

In a case considered by the Tavdinsky District Court of the Sverdlovsk Region, the heir filed a demand to invalidate a real estate donation transaction, which implied the lifelong maintenance of the testator with dependents.

The court took into account that the testator was not personally present at the conclusion of the donation agreement by his representative under the power of attorney, did not sign anything, and no evidence was presented that he had read the text of the deed of gift.

Therefore, the court concluded that the testator did not fully understand what the transaction for which he was given a power of attorney was aimed at.

In this regard, the claim was satisfied with reference to paragraph 3 of part 2 of Article 178 of the Civil Code of the Russian Federation (misconception of the party to the transaction regarding its nature).

Example 3 Lack of grounds to satisfy the requirements

https://sudact.ru/regular/doc/HReszMfMFYZ6/

In a case considered by the Vidnovsky City Court of the Moscow Region, the heir under the will made demands for invalidation of the lifelong maintenance agreement with dependents, cancellation of the registration record, recognition of the disputed apartment as hereditary property, and recognition of the heir's ownership of the apartment.

The court did not find any grounds for invalidity of the transaction provided for in Articles 177, 178 and 179 of the Civil Code of the Russian Federation.

The case materials did not contain objective and reliable evidence confirming that the testator was under the influence of delusion, violence or threat.

He also entered into a rental agreement on extremely unfavorable terms for him, due to a confluence of difficult circumstances, which the other party took advantage of (a enslaving deal).

There is no evidence of a defect in the will of the testator due to being in a state at the time of the transaction in which he was not able to understand the meaning of his actions or direct them.

The heir's claims were left unsatisfied.

After the death of the owner

The law allows the conclusion of two types of annuity contracts: unlimited and lifelong. The first type of contract means that after the death of the annuitant, his property remains the property of the payer. The heirs of the deceased have no rights to it and cannot demand that it be included in the inheritance.

On the basis of a lifelong contract, property is transferred to the rent payer only for the period of the citizen’s life. After the death of its recipient, the annuity payer is obliged to return the property to the heirs, losing his own rights to it.

All clauses of the contract must be carefully studied before signing it to determine the legal consequences. This approach ensures there are no surprises as conditions may vary.

Usually one of the clauses of the annuity agreement is the procedure for burial and its payment. All actions must strictly comply with the agreed conditions. It is not uncommon for the heirs of a deceased person to go to court over dissatisfaction with the quality of the funeral.

Judicial practice shows that the court usually takes the side of the rent payer. The main focus when considering the case is on how the obligations were fulfilled during the life of the annuitant.

If the other party fully complied with all the points of the agreement, the burial procedure will not become the basis for declaring the transaction invalid or applying liability for failure to fulfill the terms of the agreement.

Additional agreement on changing the contract price.

How to find real estate online for free, read here.

How to write a letter of unilateral termination of a contract, read the link: https://novocom.org/dokumenty/pisma/obrazec-pisma-o-rastorzhenii-dogovora-v-odnostoronnem-poryadke.html

The procedure for terminating a rental agreement in court

It is important to use the services of an experienced lawyer. He will develop a clear strategy for challenging the rental agreement. The following activities take place before court hearings:

forensic psychiatric examination of participants in the process;
taking testimony from neighbors, acquaintances, distant relatives;
search for material evidence.

Such disputes are considered in court. The plaintiff may demand complete termination of the rental agreement and compensation for moral damages. The amount of compensation is determined individually. The legal process can drag on for a long time, because such disputes are always complex and ambiguous. It is difficult to prove that the rental agreement was signed under the influence of violence and threats after the death of the annuitant.

USEFUL: see also VIDEO with advice from a civil lawyer on handling cases in court

During the owner's lifetime

The annuity recipient, as a party to the contract, has the right to demand its termination in the event of a significant violation of the terms by the second party. This right is enshrined in Articles 587, 599 and 605 of the Civil Code of the Russian Federation.

Significant violations include the lack of provision for the annuitant as follows:

premises for permanent residence that meet established standards,
clothing and food,
care necessary for health reasons and age,
medical care and medications,
other conditions that were provided for by the terms of the agreement between the parties (Part 2 of Article 450 of the Civil Code of the Russian Federation).

Note! The law obliges the rentee to comply with the pre-trial procedure for resolving the dispute. This means the obligation to send a demand to the other party to terminate the contract. Only if this measure proves unsuccessful, the injured person may file a corresponding claim in court. The procedure is provided for in paragraph 2 of Art. 450 Civil Code of the Russian Federation.

What kind of rent is there?

The law specifies three types of rent.

Life annuity

— money is paid throughout the life of the apartment owner, the contract terminates after death. Typically payments are made once a month. The amount of payments is no less than the subsistence minimum in the region, and if the minimum changes, then the payment also changes.

Only an individual can receive a lifetime annuity - the one who owns the apartment or another citizen at the will of the owner of the property.

Lifetime annuity with dependency.

This is a subtype of life annuity - according to such an agreement, it is necessary to provide for the needs of the annuity recipient in housing, food and clothing, care for him and, if agreed, pay for utilities for him.

In this type of agreement, the cost of this maintenance is determined - for example, to spend no less than the subsistence level in the region on the rent recipient. Or you can agree on a specific amount of money plus care and products.

Constant rent.

This is a complex legal instrument with many subtleties. The essence is this: the payer of rent payments enters into an open-ended agreement to pay a specific amount once in an agreed period, usually once every three months. For this, the payer becomes the owner of the property.

The recipient of a permanent annuity can be either an individual or an organization. The obligation to pay permanent rent is transferred to other people. For example, if a deceased annuity recipient has heirs, then you will pay this annuity to them.

To stop payments, the payor can “buy back the annuity”—that is, provide the recipient of the annuity payments with what is called a “written waiver of the annuity.” In fact, this is a way to buy out an apartment given for rent - after granting a waiver of rent, the payer must transfer money for housing to the rent recipient. The size of the ransom depends on the terms of the contract - check that it indicates a specific amount for the ransom. If this is not done, then the amount will be established by law - it is equal to the amount of annual rental payments and the market price of the property.

The permanent annuity agreement may stipulate that the right to redemption cannot be exercised during the lifetime of the annuity recipient.

To put it simply, the legal annuity options look like this:

A life annuity is a popular form. You agree with a person that you will pay him a certain amount until his death, for which his property will become yours. Typically, this format is used by elderly single people who lack a pension.
Lifetime annuity with dependents - you need to not only pay the person, but also take care of him, for example, bring food, buy clothes, take him to the hospital, and look after him if necessary. This annuity will be useful for older people who need care and physical assistance.
Constant rent. Such an annuity is useful if a pensioner wants to be sure that a specific amount will eventually be paid for his apartment - the contract can set a specific purchase price.

No one can say how much rent payments will have to be paid. If you specify a specific period in the agreement, the notary may refuse to certify it, and such an agreement will not be registered in Rosreestr. An agreement with a specific term may be recognized not as a rental agreement, but as a purchase and sale agreement.

Also, a rent agreement cannot be free of charge - that is, you need to pay at least the subsistence minimum. If you make an agreement without a specific payment amount, it will also not be registered - because, in essence, it is a gift agreement, which means that the rules of the law on annuity do not apply to it.

This is what a life annuity agreement might look like

Which court should I go to?

Typically, the claims of the heirs of a deceased citizen relate to the rights to residential real estate. It is this type of property that includes the requirements to invalidate the transaction, to enter information about the right to property into the register of rights, and to recognize the right of ownership of real estate.

The procedure for filing such claims is provided for in Articles 24 and 30 of the Code of Civil Procedure of the Russian Federation. You should contact the district court at the location of the disputed premises.

To answer the question about the jurisdiction of a particular case, you can go to the website of the court and find out which territories are within its jurisdiction. Similar information can be obtained from the court office during a personal visit or by telephone.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

Rules and features

All the rules for such actions are stipulated by law, you just need to follow them correctly:

The party to the agreement (if he is alive) or his heirs can file a lawsuit to declare the rental agreement illegal and invalid.
There are several reasons to file a claim. The standard form of the contract and the terms of its preparation may be violated. The agreement is recognized only in writing and after certification by a notary.
If the agreement provides for the transfer of ownership of real estate, the new owner needs to register his rights with Rosreestr.
When concluding a contract by a married person, the consent of the spouse is required.

What you need to know about signing a maintenance and rent agreement:

If you are looking for someone to care for you, you need to check their financial capabilities, as well as get to know them better as a person. It is recommended to choose such a person from your circle of good friends. The financial side is important for both parties

If the rentee needs additional funds for medical treatment, will the renter be able to provide them? It is important for the recipient of the property that it becomes his as quickly as possible. Therefore, it is worth agreeing on the transfer of rights to real estate in the near future

But - no illegal actions. An old person may require constant care, for which you need to move in with him. Is there a possibility for this? The fact of transfer of rent must always be recorded; this will protect the renter from claims of the elderly person or his heirs. Is the payer in breach of obligations? You should immediately file a lawsuit to terminate the contract. This will be repeated constantly, and the content will be reduced to zero. Why give away valuable real estate? The recipient of the property needs to check in advance all the reasons why relatives may challenge the agreement. You need to make sure that it is drawn up correctly, certified by a notary, and that all undertaken obligations are fulfilled.

You can also obtain testimony from witnesses that the agreement was drawn up and signed when the elderly person was in good health. You can take the time to get a certificate from a psychiatrist about the condition of the annuitant.

USEFUL INFORMATION: Notarial obligation to allocate shares in maternity capital

The procedure for challenging a rental agreement

If relatives or other persons with inheritance rights doubt the legality of an annuity agreement drawn up during the citizen’s lifetime, they should go to court.

To correctly draw up a statement of claim and attach all the required documents, you will need to do the following:

study the regulatory framework,
consult a lawyer if necessary,
collect documents that are evidence in the case,
pay the state fee.

The usual algorithm includes the following procedure:

carefully study all the terms of the contract and check its compliance with civil law,
collect evidence
file a claim,
file a claim.

Important! If a citizen wishes to enter into an annuity agreement, his relatives and heirs are advised to:

take a responsible approach to the choice of rent payer, his personal qualities and financial situation,
provide options for solving possible financial problems of the payer,
consider the period of validity of the contract,
analyze the obligations of the parties,
provide for liability for violation of obligations,
indicate the rights of others after the death of the annuitant.

When applying to court, they submit documents according to the following list:

statement of claim,
documents substantiating the plaintiff's claims,
a bank receipt confirming the transfer of the duty amount.

Several copies of the application are submitted to the court in accordance with the number of persons participating in the case.

statement of claim for termination of an annuity agreement with lifelong maintenance free in word format

The rules for drawing up a statement of claim provide for the inclusion of the following information:

name of the court,
information about the plaintiff, defendant and third parties,
name of the document specifying the subject of the claim,
circumstances and reasons for going to court to confirm the facts,
links to legislation,
list of applications,
signature of the plaintiff and date of drawing up the document.

You should be guided by the provisions of Art. 131 Code of Civil Procedure of the Russian Federation.

Please note! When challenging a concluded rental agreement, you should indicate:

what are the violations of the rights and interests of the plaintiff. If we are talking about the right of inheritance, this should be clarified,
information about the property that has become the subject of the dispute: category, cadastral registration information, address and other characteristics,
real estate value,
the price of the claim and the corresponding amount of the state duty,
how and at what time the plaintiff learned about the violation of his own rights to determine the statute of limitations in the case,
grounds for presenting claims to the defendant,
grounds allowing to consider a transaction illegal and invalidate it,
clearly formulated demands of the plaintiff.

The legislator and the clarifications of the Supreme Court oblige the plaintiff to determine the price of the claim according to the value of the property. The value of the disputed property must correspond to reality. There are reasons for this.

The plaintiff is obliged to pay the state fee, since the claim is related to rights to property and, accordingly, has a property nature. The amount of the duty is determined by the value of the property.

ATTENTION! Look at the completed sample statement of claim for termination of an annuity agreement with lifelong maintenance:

Attention! Calculator for calculating state duty under Art. 333.19 and Art. 333.21 Tax Code of the Russian Federation

It is not recommended to underestimate the value of real estate. When considering such a case, the court may come to the conclusion that monetary compensation is necessary in full or in part of the cost of housing. The calculation will be in accordance with the valuation data submitted by the plaintiff. It is also not recommended to overestimate the value of the disputed property. All information must be objective and supported by documents.

The statement of claim is the main document submitted to the court, but not the only one. It must be accompanied by copies of all documents that were mentioned in the text as evidence of the claims. Also attached to the application is a receipt for payment of the state fee.

If the list of attachments was not provided in the statement of claim itself, it must be drawn up as a separate document in duplicate, one of which is retained by the plaintiff with a confirmation of delivery.

For your information! The plaintiff cannot obtain some documents on his own. These are documents containing medical or investigative secrets, as well as the secret of a will. They can be requested by the court if it deems it necessary. An interested person has the right to apply to the court with a corresponding petition.

Such an appeal can be submitted together with the statement of claim or separately, already at the court hearing. The petition must contain the exact names of the necessary documents, the names of the persons holding the information, and the justification for the need to request this evidence. The procedure is provided for in Art. 57 Code of Civil Procedure of the Russian Federation.

Having accepted the case for proceedings, the court considers the petition filed along with the claim and decides whether it is advisable to satisfy it.

Features of a life annuity agreement

The main feature of an annuity contract is its open-ended nature. Often such an agreement is proposed by elderly people who own real estate, but do not have close relatives who can care for them. The second party to the contract undertakes to support the owner of the property until the death of the rentee, to pay a certain amount of money in exchange for owning an apartment or house in the future. Entrust the development of the contract to a professional to avoid controversial situations in the future.

Problems begin when, after the death of the annuitant, it turns out that he has relatives who are direct heirs. Until recently, only the participants in the agreement could challenge the terms of the annuity agreement. Today, relatives, as part of the procedure for challenging transactions, can prove that this document was signed under the influence of threats, deception, and violence.

Evidence and documents

In demanding that the transaction be declared invalid, the plaintiff must prove the existence of grounds for such a conclusion.

In other words, he will have to convince the court that the conclusion of the contract was accompanied by the following conditions and circumstances:

the citizen was legally capable, but could not understand the meaning of the actions taken and their consequences due to illness or inability to read the text,
was not aware of the legal result of signing the documents, and was misled regarding the scope of property rights transferred to other persons. The reason may be advanced age, ignorance of the legal framework,
was in a state of delusion deliberately instilled by others, signed documents as a result of deception,
was forced to conclude a deal on enslaving terms due to the use of threats, blackmail, violence and other illegal actions,
entered into an agreement on unfavorable terms due to extremely difficult life circumstances, of which the defendant was aware.

Remember! The plaintiff can confirm the above circumstances with the following documents:

certificates and reports from medical institutions. Usually, medical records and extracts from dispensaries where the person was registered, certificates of disability,
documents indicating that the citizen lacks the necessary education,
the results of inspections carried out by government bodies, court decisions and sentences,
bank statements from the person’s accounts,
certificates from the management company and utility services,
letters, certificates and other documents received from local authorities.

If the circumstances of the case so require, the plaintiff has the right to petition the court to conduct an examination. According to Art. 79 of the Code of Civil Procedure of the Russian Federation, we can talk about the need for psychological, psychiatric, handwriting and other examinations.

The plaintiff has the right to support his position with testimony. The law also talks about the possibility of applying the consequences of a transaction that was void in accordance with Art. 168 Civil Code of the Russian Federation. This refers to transactions in which the requirements of the law were significantly violated.

Documentation

Drawing up an agreement involves collecting a certain list of documents. Moreover, all of them will be useful at the stage of contacting a notary, since he will check the data specified in the contract with those available in the documents, as well as when registering with Rosreestr. Among them:

Passports of all parties to the transaction;
Documents for real estate (cadastral passport, certificate of ownership, certificate from the BTI, etc.);
A copy of the financial and personal account;
Extract from the house register about registered residents;
The consent of the spouse to the transaction, if any, and if the property is owned by shared ownership, then the consent of the remaining co-owners.

The list is not exhaustive; if necessary, other documents may be requested.

Additional insurance will be an examination of the future annuitant, if he is of advanced age, for his ability to understand everything and be accountable for his actions.

Registration by Rosreestr is carried out only after payment of the state duty, for which a receipt is also required.

State duty amount

According to the provisions of paragraph 1 of Art. 333.19 Tax Code of the Russian Federation, Part 1, Art. 91 of the Code of Civil Procedure of the Russian Federation, when calculating the amount of the duty payable, the value of the disputed property is taken into account. It cannot be less than the inventory assessment indicators.

Since such an assessment shows a significantly lower value than cadastral and market values, it is advantageous to use it to calculate the amount of legal costs.

Important! The plaintiff has the right to apply to the court with a request to reduce the amount of the duty, delay its payment or allow installments in accordance with paragraph 2 of Art. 333.20 Tax Code of the Russian Federation. If he has benefits, 333.36 of the Tax Code of the Russian Federation allows him to be exempted from the need to make such a payment.

Redemption price of rent

When concluding a contract, the price of the annuity is primarily established. Exceeding the established limit is not allowed.

Next, the determined cost of the apartment is approximately spread over quarterly or monthly periods and is subject to payment. After receiving an apartment (other property), the person acts as a debtor, and the recipient of payments acts as a creditor.

The established fixed amount is paid subject to termination of the annuity, at the request of the former owner. Monthly payments are based on the minimum subsistence level established in the region of residence. It is permissible to increase them, but not to decrease them.

If money is not received in the prescribed amount, the plaintiff has the right to interpret this as a gross violation of his property rights.

Sometimes real estate is transferred free of charge, without. Here the conditions of cohabitation, care and provision of the vital needs of an elderly or seriously ill person play a role.

Termination of obligations by allowing the market value of similar housing in a certain region to be applied to the calculation process.

In what cases will consideration be refused?

According to Part 2 of Art. 181 of the Civil Code of the Russian Federation, the limitation period for cases of declaring a transaction invalid is 1 year. It is restrictive. The countdown begins from the date when the person learned or could have learned about the violation of his own interests.

If the statute of limitations has been missed, the plaintiff asks the court to reinstate it. To do this, you need to confirm the presence of an objective reason that prevented you from obtaining information and/or filing a claim earlier.

Such circumstances include:

illness or injury that makes filing a claim impossible,
stay outside the country, proven by documents,
long absence from the place of residence, excluding the possibility of obtaining information, for example, an expedition.

How to receive the funded part of the deceased’s pension?

Recommendations and useful tips

Invalidating an annuity agreement is a lengthy and complex process. The trial will not be limited to one hearing. The time required for conducting an examination and requesting evidence also greatly increases. If the plaintiff has applied to other government agencies, one should be prepared for additional checks.

For those wishing to invalidate a completed transaction, we can advise the following:

clearly formulate the desired consequences and provide for different options for a judicial decision,
find out in advance the position of potential witnesses in the case. At the same time, you should not persuade them to your side, since it may come to giving false testimony,
actively defend one’s own interests in court. Require the provision of documents, examinations and the use of testimony,
use references to legal norms,
all objections, statements and petitions must be submitted in writing. This is necessary if the decision made is revised,
familiarize yourself with all the evidence in the case. If additional time is required for this, ask the court to provide it,
behave correctly, calmly, confidently,
if you disagree with the court decision, prepare an appeal. Be prepared to appeal to the cassation authority.

Watch the video. How to terminate an annuity agreement or a lifelong dependency agreement:

Challenging

Elderly people are wary of drawing up a lifelong maintenance agreement and take such a step as a last resort. Unfortunately, real estate is a very attractive target for swindlers, fraudsters and even criminals with more serious crimes.

But even with careful preparation for drawing up an agreement, situations often arise when the relatives of the old person or he himself do not agree with the agreement, deciding to break it some time after signing. Is it possible to challenge a lifelong maintenance agreement after death or do this during the lifetime of the property owner?

Termination of the rentee's agreement can be carried out for several reasons that are important to the court:

The rent payer may not fulfill his obligations and fail to pay the rent amount established by the contract on time. Or he transfers it to the former owner of the apartment partially, not according to schedule

It is important that the money is not transferred in cash, but is transferred to an account; in this case, it is not difficult to check its receipt. Heirs can file a claim to invalidate a annuity agreement with the transfer of property if this agreement was not drawn up in accordance with the law. After all, the agreement must undergo state registration or be certified by a notary

Violation of form is an important basis for challenge. The contract will not be valid under the law if the owner of the apartment was incapacitated at the time of signing. Relatives can present at the trial a certificate from a psychoneurological clinic, which will confirm that the person may not have realized the seriousness of the transaction at the time of signing.

There may be other reasons that the court recognizes as valid for considering the annuity agreement invalid and illegal. And the right of the owner of the renter will be terminated. If the annuitant has already died, his inheritance will be divided by the court among the heirs, taking into account the provisions of the law, taking into account their right of turn.

And the other side of the relationship will have to satisfy this claim.

USEFUL INFORMATION: How to register ownership of a house quickly and correctly

After the death of an elderly person

Only recently did the heirs of a deceased person have the opportunity to challenge the transfer of property to a person under a lifelong maintenance agreement.

Until this time, only the person signing the contract for his maintenance had the right to seek its invalidity if the document was drawn up in violation or the payer did not fulfill his obligations. The challenge was carried out on the basis of articles 177-179 of the Civil Code of the State.

The Plenum of the Supreme Court of the Russian Federation in 2012 adopted a Resolution according to which heirs can challenge the annuity agreement of their relative even after his death. If they have serious reasons for this. Previously, they were refused in such a matter.

What means can heirs use to prove wrongdoing in the matter of drawing up and executing a contract? They can provide the court with medical certificates proving the incapacity of the testator, testimony of eyewitnesses who confirm the fact of intimidation of the old person, moral pressure on him, as well as the failure of the renter to fulfill his duties.

One certificate or one expert opinion will not be seriously considered by the court, so you should prepare for the hearings carefully, thoroughly and competently.

During the lifetime of the owner

If the elderly person is alive, it is easier to challenge the illegality of the lifelong maintenance agreement. It can be proven that threats, moral pressure or deception were used to force a person to sign a contract.

The annuitant can also prove that he did not receive the agreed amounts or the care services referred to in the document. Care services can include cleaning, visiting a hospital with an elderly person, preparing meals, receiving qualified assistance, etc.