Termination of an annuity agreement with lifelong maintenance

Redemption of rent

A rental agreement has many advantages.
Thus, during its validity, transactions with real estate, be it rent, sale, pledge, exchange or registration of tenants, are prohibited without the consent of the rent recipient. The latter can live in his own home, while having guaranteed financial assistance. This condition is especially important for people of retirement age, disabled people and those with health problems. The subject of the transaction can be either expensive housing or less valuable housing. Disadvantages of a rental agreement:

insufficient protection of the one who pays the rent;
indefinite, often long period of action;
alienation of real estate only with the consent of the rentee;
in the event of depreciation, loss or damage to housing, the payer’s obligations remain unchanged;
unilateral termination of the transaction - only at the request of the owner.

It is not difficult to conclude a lifelong agreement, but terminating it is a troublesome matter. The agreement cannot be concluded for a specific period. It expires only in the event of the death of the owner. However, there are a number of circumstances in which cancellation of the contract is possible.

AGREEMENT ON TERMINATION OF THE AGREEMENT

renting an apartment on the terms of lifelong maintenance with dependents

City ________ “___” ______________ year _____________________, _________ year of birth, native of the city ______________, residing at the address: ________________________, passport ____ No._______, issued _________ year ATS “______________” ATC CJSC __________, hereinafter referred to as “Party-1”, And __________________, ___________ year of birth, native of _________ Autonomous Soviet Socialist Republic, __________ district, p. _________, residing at the address: _______________________, passport ____ No. ________ issued by the ___________ city department of the Kolchugino district of the Vladimir region, hereinafter referred to as “Party-2”, have entered into this agreement about the following.

1. We are terminating the apartment rental agreement on the terms of lifelong maintenance with dependents, certified by us on ________________ year in __ ___________ state notary office according to register N ____ by state notary _____________________.

2. I, ______________________, by the time of signing this agreement, transfer to my brother ___________________ the apartment number fifty-two, building ___, received under the above agreement, on __________ street in the city of __________.

3. When the said apartment is returned to the ownership of _______________, the parties agreed that in this case rental payments and any compensation __________________ will not be returned.

4. The specified apartment consists of one living room with a total area of ___ sq. m. m, including residential ___ sq.m. and is located on the seventh floor of a nine-story apartment building. The specified apartment before the conclusion of the rental agreement belonged to __________________ on the basis of a purchase and sale agreement dated ____________ under No._________, registered with the Department of Municipal Housing of the __________ year under No. __________.

5. The cost of the apartment is ________________________________________________ _______________________________________________________________________________

6. This agreement is subject to mandatory state registration and is considered concluded from the moment of such registration. The transfer of ownership of an apartment is carried out by delivering _______________ the title documents for the above-mentioned apartment registered in the Office of the Federal Service for State Registration, Cadastre and Cartography for the City of Moscow without drawing up a transfer deed. Ownership of an apartment arises in __________________ from the moment of registration of the transfer of rights in the Office of the Federal Service for State Registration, Cadastre and Cartography for the city of ______.

7. After the transfer of ownership of the apartment, _____________________ assumes responsibility for paying real estate taxes, and also operates and repairs the apartment at its own expense, and takes part in the maintenance of the entire house and surrounding area.

8. Both parties guarantee that they are not entering into this agreement due to a combination of difficult circumstances on extremely unfavorable terms for themselves, and this agreement is not an enslaving deal for them.

9. __________________ guarantees that at the time of signing this agreement, the specified apartment has not been sold to anyone else, not given as a gift, not encumbered with the rights of third parties, not mortgaged, in dispute or under arrest (ban).

At the time of signing this agreement, _______________________ is registered in the apartment.

10. This agreement comes into force from the moment it is signed by the parties.

11. The obligations of the parties under the above-mentioned apartment rental agreement on the terms of lifelong maintenance with dependents terminate from the moment this agreement comes into force.

12. The parties are aware of the contents of Articles 407, 683, 601, 602, 603, 604, 605 of the Civil Code of the Russian Federation.

13. The costs of concluding and registering this agreement are paid by _______________________.

14. This agreement is drawn up in four copies, one of which is kept by a notary, the second in the Office of the Federal Service for State Registration, Cadastre and Cartography for the city of _________, one is issued to each participant in this agreement.

Signatures of the parties:

Termination of the transaction is permissible only if the annuitant wishes. The process is complex and lengthy and takes place in court. The reason for cancellation may be either a general basis applicable to all types of contracts or special specific conditions. List of circumstances for terminating the agreement:

Failure to fulfill obligations: violation of insurance obligations or loss of security. If the property owner incurs large expenses due to the termination of the transaction, he has the right to demand compensation.
Violation of conditions - any failure to comply with the terms of the agreement is grounds for its termination. If the property is transferred to the lessor, but he has not paid the payment, the recipient has the right to demand the property back.
Failure to comply with the terms of life imprisonment. In this case, the dependent has the right to return his property without any compensation for expenses.

Russian legislation allows the termination of the rental agreement through the purchase of the rent. Often, in order to avoid controversial issues, the conditions under which this can happen are specified in the contract. A well-drafted agreement protects the interests of the recipient and the payer even before the start of legal relations.

A life annuity and life support contract provides for the redemption of the annuity only by the recipient. This can be done in the following situations:

the payer has been declared bankrupt or officially admitted his insolvency;
payment obligations are not fulfilled maliciously;
payment is overdue by more than 365 days;
the property became the property of several persons;
in other cases provided for by agreement.

The renter and the rentee agree on the cost of the redemption themselves, but it must be expressed in a fixed amount and be at least the cash equivalent of the rent already paid. If the cash equivalent of the redemption is not specified in the contract, its standard amount is equal to the amount of rent for the year. The value of the real estate transferred for payment of rent free of charge will be added to the annual payment.

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Constant

Both the recipient and the payer can act as the initiator of the redemption of a permanent annuity. The latter has the right to submit a written application no later than 3 months before the end of payments. The payer's obligation ends only when the ransom amount is paid in full. However, it happens that the document stipulates a different procedure: a ban on redemption during the lifetime of the home owner, a certain period from the date of conclusion of the contract (but not more than 30 years).

Breaking a rental agreement is a rather complicated process. Success depends on the conditions specified in the document; qualified legal assistance plays a significant role. The trial ends in favor of the plaintiff only when the charges brought are supported by evidence and he really suffered from the dishonesty of the rent payer.

Lifetime

The redemption of a lifelong type of transaction occurs in accordance with Articles 594 and 599 of the Civil Code of the Russian Federation. This process is most beneficial for the rentee, especially if the cash equivalent of the redemption is greater than the value of the property. The process can take place in court or after examining non-compliance with the terms of the agreement.

the payer failed to fulfill his obligations to secure his obligations under the annuity contract or did not insure the risk of liability for failure to fulfill obligations under the contract. The annuity recipient also has the right to demand compensation for losses caused by termination of the contract (Article 587 of the Civil Code of the Russian Federation),
a significant violation by the payer of the terms of the life annuity agreement. The recipient has the right to demand termination of the annuity agreement, compensation for losses, and if the property was transferred free of charge, then he may demand the return of the property with its value offset against the redemption price of the annuity (Article 599 of the Civil Code of the Russian Federation). Such termination of the contract is carried out in court.
a significant violation of the payer’s obligations under a lifelong maintenance agreement with dependents. In this case, the annuity recipient does not compensate for the payer's expenses for maintaining the annuity recipient. The return of property is carried out in any case, that is, regardless of whether it was transferred to the payer free of charge or for a fee (Article 605 of the Civil Code of the Russian Federation).

What is meant by a material breach of obligations or terms of the contract? In accordance with Art. 450 of the Civil Code of the Russian Federation, a significant violation of the contract is causing damage to the other party, such that it is largely deprived of what it had the right to count on when concluding the annuity contract. For example, the payer’s failure to pay rent payments for a certain period of time, the payer’s unilateral change in its obligations - in exchange for caring for the annuity recipient, the payer pays a certain amount of money. [1]

Basic definitions

A life annuity remains in effect until the death of its recipient.
By agreement, payments are made upon transfer of the property specified in the contract for use to another person. Based on the total value of the transferred property, the amount of regular deductions is determined. The recipient occupies a more advantageous position - he is transferred an amount that should not be less than the subsistence level. The rent payer has the right to use the property. However, risks remain for both sides.

The agreement usually sets the terms for the payment of funds. If such information is not contained in the document, then the regularity of payments is established by the state.

The agreement must be notarized. The annuity recipient is allowed to terminate its operation unilaterally if he has significant grounds for this.

Usually there are 2 types of agreements:

annuity for life with dependency - payment of a set amount of money and full maintenance of the owner of the property, repayment of all debts he has;
Lifetime maintenance - regular payments until the death of the annuitant. The agreement can be concluded in relation to movable and immovable property.

In case of annuity with dependency, exclusively immovable objects are considered as the subject of the contract. The lessor is obliged to provide the property owner with everything necessary - food, clothing, medicines, etc.

What is the basis for terminating the contract?

The recipient can initiate the process in the following cases:

the other party significantly violates the terms of the agreement. In addition to termination of the contract, the recipient can expect compensation for losses or the return of his property;
the payer ignores its obligations stated in the contract, has lost security and refused to insure risks.

Other reasons may be recognized:

the transaction is invalid - it was concluded under the threat of physical pressure, was not registered in accordance with the law, gross violations and inconsistencies were found in the text of the agreement, one of the parties did not have the right to enter into an agreement of this nature;
mandatory payments have not been paid for more than 1 year;
the lessor was declared insolvent by a court decision;
abuse of rights regarding property by the rent payer.

Usually the above reasons are reflected in the document. If they are not recorded, then the validity of the presented grounds is determined by the court.

Possibility of rent purchase

The life annuity agreement can be terminated upon redemption of the annuity. Both parties to the agreement can initiate termination based on redemption. Redemption involves the transfer of a specific amount of money to the rentee; ownership of the property remains with the payer. Mandatory monthly payments are no longer required.

The conditions for the redemption of the annuity are prescribed in the primary lifelong maintenance agreement. If there is no such clause in the text, then the cost and procedure for redemption are calculated in accordance with the provisions of the Civil Code of the Russian Federation.

If the real estate was provided subject to a certain payment, then the redemption will correspond to the total amount of rent payments for the year. If the apartment was transferred for use free of charge, then the average market price for this real estate is added to the redemption price (the annual amount of payments under the rental agreement).

The recipient of a life annuity has the right to demand its redemption. This right is specified in Art. 594 and 599 of the Civil Code of the Russian Federation . It is possible to seek ransom during legal proceedings if there is a significant breach of contract on the part of the payer.

Grounds for cancellation

Any of the parties , that is, the rent payer or the owner of the property, has the right to terminate the contract. The following conditions may be grounds for termination of the contract:

lack of monthly payments or late payment;
failure or improper fulfillment by the payer of his duties for the material maintenance of the annuity recipient, physical care for him;
abuse of the rent payer's rights in relation to the housing premises;
the demand of the rent payer if the property for which he made payments was in any way damaged or destroyed (clause 2 of Article 595, clause 1 of Article 599, clause 2 of Article 605 of the Civil Code of the Russian Federation);
other major violations of the terms of the signed life agreement.

Methods for canceling a deal

There are two ways to terminate an annuity agreement with lifelong maintenance:

As a result of mutual agreement. This method is the simplest, since the parties agree on everything without bringing the matter to court. In such a situation, the rent payer is no longer obligated to pay, and ownership of the home passes back to the previous owner.
Judicially. This method is used only in cases where there are violations of the terms of the contract, or the transaction was declared invalid (the transaction was concluded not in accordance with the law, with an incapacitated person, through deception, blackmail, using threats, and so on).

We terminate the life annuity agreement

Fellow citizens born in Russia and brought up in the spirit of national property value the acquired fruits of their activities. They are very critical of legislative innovations, that is, the slightest dissatisfaction on the part of the renter can lead to the termination of the concluded contract, regardless of the funds spent on its execution.

The main reasons are:

dishonesty on the part of the person who accepted the obligation to care for the renter;
changes in market conditions, due to which the contract price becomes unprofitable (enslaving);
change in the financial situation of the renter (receipt of an inheritance, increase in pension, assistance from close relatives);
changes in legislation;
illegal acts against the annuitant on the part of the person who accepted the obligation to pay the annuity.

A life annuity is another type of real estate transfer agreement. Its difference from a permanent annuity is that the payment period is clearly determined by the death of the recipient. This small difference nevertheless has a significant impact on the possibility of terminating the contract.

The conditions for terminating a life annuity agreement, prescribed in the Civil Code, are much stricter than in the case of a permanent agreement. The fundamental difference is that the annuity payer cannot, on his own initiative, get rid of obligations - according to the law, it is impossible to buy out a life annuity.

Moreover, all risks in the event of a fire, household gas explosion and other accidental damage to real estate also fall on the shoulders of the payer. Even if the property completely depreciates due to force majeure, he will still be forced to continue regularly transferring money to the account of the former owner of the apartment.

It is also not easy for the recipient to unilaterally refuse the agreement. To do this, he will have to prove that the other party is maliciously violating the terms of the contract. At the same time, the law does not precisely define what violations of the rent payer are considered significant. As a general rule, these include those that cause significant damage to the other party to the transaction:

— Refusal to pay rent or regular delay in money transfers
— Failure to comply with the clauses of the rental agreement
— Violation by the payer of other essential terms of the agreement
— Violation of the terms of the real estate insurance contract
— Bankruptcy of the rent payer, etc.

In addition to the normal redemption of the annuity, the recipient of a life annuity may also seek termination of the contract and damages. In this case, the second party will be obliged to reimburse all expenses and property losses. However, the former owner has no right to insist on the return of the apartment.

If the annuity was concluded in the form of a lifelong maintenance agreement with a dependent, the terms of the agreement become more stringent for the payer. The dependent has the right to demand not only the redemption of the rent, but also the return of the property. In this case, all things or money that have already been transferred as part of the rental payments remain with the recipient.

By mutual agreement. When the parties voluntarily agree on this and do not bring the matter to court. In this case, the obligations of the rent payer are terminated, and the ownership of the residential premises is returned to its previous owner.
Based on a court decision. This can only happen if the essential terms of the contract are violated or the transaction is declared invalid. An agreement that was concluded contrary to the current legislation, as well as: under duress, is considered invalid; fraudulently; with an incapacitated person, etc.

Termination of an annuity agreement with lifelong maintenance in court, as practice shows, occurs mainly as a result of serious disagreements. Termination of annuity is provided for in Article 599 of the Civil Code of the Russian Federation. The meaning of it is that, at the request of the annuitant, the annuity agreement can be terminated, but only if it is proven that the annuity payer has failed to fulfill its essential conditions.

Grounds for termination of the rental agreement:

Failure to pay and or late payment of monthly rent payments.
Failure to fulfill or improper fulfillment of the direct responsibilities of the annuity payer for the material maintenance of the annuity recipient, as well as physical care for him.
Abuse of rights by the rent payer regarding the residential premises transferred to his ownership.
Other legal grounds related to gross violation of the essential terms of the lifelong maintenance agreement.

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Garbage removal officially according to the contract If there are the above grounds and evidence of existing violations, the court makes a fair decision to terminate the rental contract and return the residential premises to the previous owner (rent recipient).

A life annuity agreement is an agreement between the annuitant and the annuitant, as a result of which the latter transfers his property on the terms of regular cash payments in his favor or full maintenance. The party that transfers the housing can only be an individual, and the payer, in addition to the private one, can also be a legal entity. The main terms of the agreement are the subject and amount of payments.

There are two types of transactions - life annuity and life annuity. In the latter case, the dependent receives fixed amounts of cash assistance, but cannot count on care, nurse services, or any other assistance. The object of a life annuity agreement covers both movable and immovable property.

In the case of a lifelong maintenance agreement with a dependent, the subject of the transaction can only be real estate: a house, an apartment, a plot of land. At the same time, cash payments must cover all the needs of the dependent: food, housing, utilities, clothing, medicine and care, if required. Sometimes the terms of the transaction include payment for funeral services.

The generally accepted form of the contract is taken as a sample. First, it is signed and certified at a notary office, after which it is registered with government agencies. The approximate contents of the document are presented in the table.

Items	Sections	Details
1	Parties' details	Full name, place and date of birth, passport details and actual address of residence
2	Subject of the agreement	Information about the property, its value and intended use
3	Rights and obligations	Includes the actions of the annuity payer, the total and monthly cost of the annuity
4	Possibility of redemption	Conditions under which the property is redeemed
5	Final provisions	Payment procedure and transaction period.

If the lifelong dependency agreement is drafted accordingly, disputes and further rupture of the agreement are excluded.

- the rentee transfers his property to the renter. In return, he receives money every month, that is, rent.

Lifetime maintenance agreement with dependents - the annuitant receives not money, but care, maintenance, provision of food, medicine, medicines and other things. Plus there may be cleaning, a nurse, etc.

In order to protect the interests of the annuity recipient, Russian legislation establishes that a life annuity agreement can be terminated unilaterally. In this case, the recipient has the right of unilateral termination, but the payer does not have such a right.

Termination of the annuity agreement at the request of the recipient is provided for in Art. 599 of the Civil Code of the Russian Federation. The annuity recipient has the right to demand from the annuity payer termination of the annuity agreement and compensation for losses or its redemption in the event that the payer violates the essential terms of the annuity agreement.

Significant violation of the annuity agreement (lifetime maintenance)

Based on Art. 450 of the Civil Code of the Russian Federation, a violation of the contract is recognized as significant, which entails damage to the other party of such a nature that it is seriously deprived of what it had the right to count on. This means that the recipient of the annuity during the contract does not receive what he expected when concluding the contract - a sum of money or the provision of funds for its maintenance.

Roughly speaking, in exchange for an apartment, the rent recipient was promised monthly food, money and cleaning, but he receives a package of “doshirak” once a month.

Life annuity contracts have the same rules as life annuities, except:

A lifelong maintenance agreement with a dependent may be terminated on the basis of violation by the annuity payer of its obligations. That is, the annuity recipient has the right to demand the return of real estate that was transferred to ensure lifelong maintenance, or payment of the redemption price to him (Article 594 of the Civil Code of the Russian Federation).

However, the rent payer does not have the right to demand compensation for expenses that he incurred in executing the contract. That is, all costs incurred by the rent payer can become losses of the rent payer.

Termination of an annuity agreement is the most common case of termination of contracts in jurisprudence. Approximately 40% of annuity contracts are terminated.

The rental agreement can be terminated by mutual agreement of the parties. In this case, the parties act as specified in their agreement in the “Termination of the Agreement” section. If disputes arise during the termination of the contract, these disputes are resolved only in court.

A lot of cases have been recorded when annuity recipients, having thoroughly enjoyed the benefits received from the annuity payer, terminated the contract and the annuity payer was left with nothing. Therefore, the payer needs to understand that the main thing in the annuity agreement is the documentary recording of all its steps. Gave money - a receipt, brought food - receipts and a receipt, washed the floor - another one. You can additionally record everything in photos and videos.

In this case, it will be impossible for the annuitant to initiate proceedings to terminate the annuity contract. Some cunning old people are trying to prove that they did not receive rent with the help of social workers - and this nuance must be taken into account. Get acquainted with social service workers and record everything that you have done under the contract.

When terminating the contract, the annuity recipient must prove that the violation of the terms of the contract is significant precisely in the context of the requirements of the Civil Code of the Russian Federation, and not in his personal opinion.

Therefore, there is only one piece of advice here - it is better to choose an annuity agreement rather than a lifelong maintenance agreement with dependents. It is best to stipulate in the rental agreement only monthly money without any maintenance, cleaning and food delivery. Money must be sent only through a bank - in this case, bank statements will be 100% proof of the execution of the annuity agreement.

Formulas and procedure for calculating ground rent

The difference between land plots lies in their location. Some are located in favorable and fertile territories, others in territories unsuitable for agriculture. Land rent is divided into two types: differential and absolute.

differential I – represents additional net income received from conducting activities on fertile lands;
differential II - represents the net income received as a result of active economic investments in economic activity;
absolute - one of the mechanisms of the economy, entailing a careful attitude towards land. This type is formed due to the meager supply of land.

The landowner demands an inflated rent for each plot of property, regardless of its location and soil characteristics.

Tenants are forced to increase prices for agricultural products in order to pay rent. Differential rent is calculated using the formula:

DFi = (A0 – Ai)•Oi , where DFi is the differential rent in the i area, A0 and Ai are the level of social and individual production prices, Oi are the output volumes in the i area.

Absolute rent is calculated using the formula:

ABi = (I – I0)•Pi , where ABi is the value of absolute rent from plot i, I is the market price of the product.

Redemption price of annuity upon termination of the contract

It has been established that the redemption price of the annuity is determined by the terms of the concluded agreement. If the annuity contract does not specify the redemption value, the annuity is redeemed at a price equal to the annual amount payable under the annuity contract.

If the contract does not establish the purchase price of the rent, when the property is transferred for the payment of rent free of charge, then the purchase price of the rent, along with the annual amount of rent payments, also includes the price of the transferred property. The price of the transferred property is set based on the price for similar property.

More about

contents of the rental agreement

read here.

In accordance with the position of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 1, 1996 No. 6/8 “On some issues related to the application of part one of the Civil Code of the Russian Federation,” the cost to be followed should be determined by the interested party.

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annuity agreement

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Types and essence of the contract

There are three types of contracts involving the transfer of property for maintenance and care:

Lifetime annuity agreement. Involves the financial maintenance of the apartment owner. He is paid monthly until the amount specified in the contract is fully repaid. Often the payment amount is equal to the cost of the apartment. For example, the owner values the apartment at 1,000,000 rubles. This amount is divided over 5 years. It turns out that the renter must pay 17,000 rubles per month. If death occurs before the agreed date, then payments stop and the apartment becomes the property of the recipient.
Perpetual annuity agreement. The idea is to pay the owner of the apartment a certain amount until death, regardless of the value of the property. The parties determine the amount of monthly or quarterly payment and the maintenance procedure. Upon the death of the annuitant, payments cease.
Lifetime maintenance agreement with dependents. This type of contract involves an agreement between the property owner and a third party. Only instead of paying money, an elderly or sick person receives care: feeding, treatment, cleaning the apartment, etc. As a rule, such an agreement is concluded by elderly people with relatives, since a stranger can deceive by not providing proper care. A lifelong maintenance agreement is not always drawn up in relation to the owner of the property. The owner of the property may enter into such an agreement to provide care for another person. For example, a daughter enters into a rental agreement, providing her own apartment in exchange for caring for her elderly mother.

Each type of agreement has certain nuances and requirements for drafting. If the document is drawn up incorrectly, it will not have legal force, which is disadvantageous for both parties.

There are three types of contracts where the property is transferred to the rent payer:

Lifetime annuity agreement
Lifetime maintenance agreement with dependents
Permanent-perpetual annuity agreement

In all cases, one of the parties is the owner of the apartment, who wishes in exchange for it to receive a monthly material reward or use the services he needs.

When a lifetime annuity agreement for an apartment is concluded, the owner is paid the amount specified in the agreement monthly until death.
When a lifelong maintenance agreement with a dependent on an apartment is concluded, then instead of money, the homeowner is provided with services: care, cleaning the apartment, walking, buying groceries, etc.
In some cases, lifelong dependency support involves both incurring certain expenses for the annuitant's maintenance and care at the same time. At the owner's request, payment of money or provision of maintenance may be made in favor of another person (not the owner). For example, the owner of an apartment rents out the property for the proper care of his father. That is, the contract is concluded by the son, and the father will receive the services.
If a permanent-perpetual annuity is concluded, then the annuity lender is paid money in a fixed amount every three months.

It should be noted that agreements on lifelong maintenance with dependents are in most cases concluded between relatives. This is explained by the fear of an elderly person to trust strangers, because in case of failure to fulfill duties, it will be necessary to go to court, which is difficult for an elderly citizen.

Redemption price of annuity upon termination of the contract

the rent payer is overdue for payment by more than a year;
the rent payer violated its obligations to ensure payment of rent;
the rent payer is declared insolvent;
real estate transferred for the payment of rent came into common ownership or was divided between several persons.

The parties may establish other grounds for terminating the annuity agreement. The payer of a permanent annuity has the right to buy it out and stop paying it. But this is only possible if the following conditions are met. Refusal to pay annuity must be in writing and upon notification to the recipient three months before termination of annuity payment.

The redemption price is usually established by the parties in the contract. If the price is not determined, then it is equated to the amount of annuity transferred to the recipient during the last year. If the property was transferred free of charge, the redemption price, along with the annual amount of rental payments, includes the price of the transferred property (Article 594 of the Civil Code of the Russian Federation).

If the other party refused to terminate the contract (buy out the annuity) or if you did not receive a response from it within the period specified in the offer or established in the contract, and in the absence of such, within 30 days, you have the right to go to court with a request to terminate the contract (redemption of rent) (clause 2 of article 452 of the Civil Code of the Russian Federation).

Lifetime

Features of drawing up a contract

The document is certified by a notary. If the subject of a permanent annuity agreement is real estate, it must be registered with the appropriate authorities.

IMPORTANT! If the contract is not notarized, it is considered invalid.

The agreement specifies the rights of the recipient and payer of the permanent annuity, as well as their obligations. The recipient undertakes to transfer his property in favor of the payer and may demand regular payments; the payer, in turn, is obliged to regularly pay rent and has the right to demand the transfer of property.

The permanent annuity agreement specifies the amount of payments. Also, if necessary, the provision of various services and things is agreed upon. The payment period is set by the parties at their mutual request.

When drawing up the form of a permanent annuity agreement, possible risks are also taken into account. The payer should remember that all losses incurred due to damage to property are borne by him. For the recipient, the main risk is the payer's loss of solvency or late payments.

Voluntary termination by consent

Termination of a life annuity contract on a voluntary basis occurs in accordance with clause 1, article 450 of the Civil Code of the Russian Federation. The parties must draw up and register with Rosreestr an agreement to terminate the rental agreement by mutual consent. It must contain the termination of previously assumed obligations, the return of the residential premises to the previous owner, as well as compensation for all financial losses to the former rent payer. If such a legal document is correctly drawn up, conflict situations cannot arise between the parties in the future. But if one of the parties does not want to voluntarily terminate the rental agreement, then in this case the other party will have to urgently go to court.

Cancellation of a contract with lifelong maintenance by mutual consent is carried out in accordance with paragraph 1 of Article 450 of the Civil Code of the Russian Federation. To terminate the agreement, the parties are required to register the agreement with Rosreestr. The document notes the return of the property to the owner, termination of obligations and reimbursement of cash payments to the payer.

As practice shows, a well-drafted agreement eliminates the occurrence of conflicts and disputes. If one of the parties does not intend to voluntarily terminate the agreement, the other can file a claim in court.

Taxation

The payer can become the owner of property in two ways: paid and free of charge (Article 585 of the Civil Code of the Russian Federation). We talk about what types of rent there are and under what conditions for obtaining real estate they are concluded here.

Paid transfer of property is carried out through a purchase and sale agreement (Chapter 30 of the Civil Code of the Russian Federation). To officially obtain the status of owner of the transferred property, the payer is required to make a state registration. registration of the concluded agreement. From this moment on, the payer assumes the obligation to pay all utility bills and personal property taxes. faces.

Monthly rent continues to be paid to the owner regardless of the method of transfer of property. In addition, a person who has received real estate can count on receiving a tax deduction equal to the actual value of this property, but in an amount not exceeding one million rubles (2 clause 1 of Article 220 of the Tax Code of the Russian Federation).

The funds received by the owner from the payer for the transfer of ownership rights are classified as income received from the sale of real estate (Clause 5, Clause 1, Article 208 of the Tax Code of the Russian Federation).

The amount received by the owner monthly is classified as income received from renting out property (Clause 4, Clause 1, Article 208). These incomes are subject to 13% tax (Article 1, 224 of the Tax Code of the Russian Federation). If the property was transferred under a gift agreement, tax fees are not applied. You only need to pay the tax on the annuity contract (Article 572 of the Civil Code of the Russian Federation). You can find out more about how an annuity agreement differs from a gift agreement, as well as from a will, in a separate material.

How to find a rent payer?

In advertisements on AVITO and in newspapers, offers to buy an apartment under a rental agreement are almost never found. To find such a buyer, you need to make some efforts:

act through friends and relatives;
contact former colleagues, neighbors who once lived nearby;
contact relatives and friends living in other cities: often the annuitant wants a caregiver to live with him.

On the contrary, there are usually more than enough people who want to receive an apartment later, after the death of the owner. To avoid making a mistake with your choice, you need to:

pay attention to the applicant’s criminal record;
know where the future rent payer works: a permanent place of work for many years reduces the likelihood of fraud;
be wary if the applicant already has an obligation under another annuity agreement(s).

Rent is a kind of loan for an apartment, only he will be able to use the property after the death of the former owner. But, unlike a bank, you won’t have to pay interest. For these reasons, there are quite a lot of people who want to care for or financially provide for elderly people in exchange for property, but among them there are also scammers, if you encounter them, you can be left without housing and means of subsistence. Therefore, you need to choose a rental provider carefully, taking into account several important points:

It is not always profitable to make a deal with close relatives, but it is safer than with strangers;
before concluding a transaction, you need to ask for a certificate of no criminal record;
If a potential renter has already concluded rental agreements, then it is better to refuse the services of this person.

If you have no choice and need to contact strangers, you can find a renter through advertisements, acquaintances, and social networks. There are quite a lot of people willing to complete this type of transaction, so there shouldn’t be any problems finding one.

How to draw up a contract

Before concluding a deal, it is important to discuss all the details of the agreement. The payment procedure, amount of payments, methods of care, etc. are immediately agreed upon. All emerging nuances are also indicated in the contract.

It is recommended to draw up an agreement with a lawyer. It will help you avoid mistakes that could be disastrous for both parties. Thus, an incorrectly drawn up agreement will leave the owner without an apartment and maintenance, and the renter without property. Therefore, it is necessary to take a responsible and legally competent approach to drawing up contracts of this type.

A prerequisite is confirmation of the contract by a notary. This is necessary to assess the mental health of the future rentee, to check the absence of physical and psychological pressure on the owner. A certificate from a psychiatrist will also be required as documentary evidence.