Life annuity of the apartment - what is it? How to issue and conclude a contract for life annuity?

Today we will be interested in the rent of the apartment for life. What it is? When and in what order is it? What are the pros and cons of this system? All this worries many citizens in Russia, especially the elderly. After all, retirees to survive in the country is becoming more difficult and more difficult. Relations with relatives are often not so good that you can be on their full provision. Yes, and the ability to support the elderly is not at all - by themselves to survive. So, the life rent of an apartment - what is it? How does it consist? What documents are necessary for its registration?

For whom and who needs

The first step is to find out who needs to think seriously about our topic today. After all, the contract of life annuity itself is met quite often. It is usually concluded by single pensioners.

First of all, this service is necessary for those who need material support. Most often these are lonely old people who, for some reason, do not support family ties with relatives, or do not have any.

On the second place are pensioners, from whom relatives for some reason or another have turned away. It does not matter what exactly caused this event - just a disregard for the elderly or indeed there were serious reasons for this step.

Further - just any citizens who do not want to share real estate between relatives. The contract of lifelong rent for an apartment is quite often. And he is able to quarrel even the strongest family. Sometimes pensioners, being in an adequate condition, agree to compose this paper with strangers. Then, as a rule, there is a negative on the part of the heirs and the termination of material support. You should not be surprised, it is impossible to blame such citizens in any case. After all, after realizing what the rent of an apartment with a lifetime residence is like, the bewilderment of the relatives can be understood.

Description

What are we dealing with today? As practice shows, in the modern world, rent began to meet more and more often. Include her elderly people and retired people in this or that case. But what are we talking about?

Life annuity apartment - what is it? For someone like this document - a real gift of fate. And someone, on the contrary, considers it wrecking. It all depends on who you are talking about.

But from a legal point of view, life annuity is a contract according to which the owner of housing will receive material support from the other side, and after death the living space will be transferred to the property of the person who paid the money. It can be said, this is a form of transfer of property from one person to another. This is a kind of finding a pensioner dependent on a person in exchange for the transfer of property after death.

Content or rent?

Also takes place in Russia is another form of transfer of an apartment - this is a contract of lifelong maintenance. In fact, with rent, it is closely connected, but there are differences. Most often they are simply merged into one document. A very good and effective way to ensure old age and transfer of the apartment. Rents with lifelong content are a common option. But what does it include?

Lifetime content in itself for the "buyer" is a questionable decision. But for the owner, on the contrary, it is considered useful. The thing is that, according to the rent contract, the second party undertakes to pay a certain amount of money to a citizen, and he after death transfers the apartment to the person providing material support. At the same time, before the demise, a citizen uses his property as before.

But life-long content is a completely different matter. With him, you will not only have to pay a certain amount, but completely take care of the owner of the housing. You can say you will become a nurse to a pensioner. Risk business, but it is often agreed. Lifetime rent of an apartment in Moscow (offers you can find everywhere and everywhere) is encountered more and more often. And not only here. Just like the rent with the content.

Conditions

Of course, if you decide to take this step, then it's worth keeping some restrictions and following the rules. The design of any document has its own algorithms, which are recognized as legitimate. The conditions of lifetime rent of an apartment are not too stringent. Most often they do not have a place at all. More precisely, no one thinks about them.

So who and in what cases is entitled to conclude this contract? All owners of the apartment. The main thing is that it belongs to only one person. In addition, the real estate indicated in the annuity must not pass by will to anyone. It is also impossible to conclude a contract with the participation of an apartment in rent or in the event of its seizure / confiscation.

Please note that the owner of the house must be recognized as adequate. That is capable. The presence of mental abnormalities is a legitimate reason for refusing service. Each adequate owner is able to issue an annuity (life) apartment. Perhaps these are all limitations. The discontent and protests of the heirs, if any, are not grounds for refusal. The owner himself decides how to dispose of his property.

Advantages and disadvantages

Lifetime rent of an apartment in Moscow (offers are meeting more and more often every year) is not uncommon. And in other cities too. After all, this is an excellent opportunity for some citizens to purchase housing in the property. Especially if the family does not foresee any inheritance, or at all, or in the near future.

Do not think that rent is manna from heaven. Rather, this transaction has its pros and cons. Everything depends, of course, on the owner of the property. You can say from the "seller" of real estate. It has a huge impact on what kind of rent will be for you - positive or negative.

For example, the advantages are that a citizen-buyer will receive an apartment in the property after the death of the "seller". This is a kind of purchase of real estate, its transfer. But there are also shortcomings. Firstly, it is not known how many elderly people will live, but, according to the agreement, you will in any case be obliged to transfer money to him as material support. Regardless of whether you can fulfill this obligation or not. Secondly, sometimes the amount that you will eventually transfer exceeds the real cost of living space. Not the most frequent phenomenon, but it occurs. Thirdly, problems with the relatives of the owner are almost 100% guaranteed - everyone will try to prove their property rights, which in fact are absent after the conclusion of rent.

In the end, when this contract is accompanied by a direct content, some "buyers" will not have to be sweet. It is necessary to completely take care of an absolutely unfamiliar person and provide it in all senses. Although not everyone is lucky with relatives. Sometimes care for an outsider can be much more enjoyable. Much depends on the owner of the housing. In any case, it's up to you. Are you interested in annuity rent in Moscow or in another city? Have you decided on this step? Then you need to prepare for this moment.

Agreement

The first thing that is necessary is to find a "client". Or the "buyer" (if you are the owner), or "the seller" (if you want to care for someone). Most often, the first category of citizens simply gives ads, and the second - finds them. And so the parties converge for the transaction.

The most important point that will help to formalize the rent (life) of an apartment is a contract. It contains all the nuances of your transaction. Here, both parties agree on the size of the payments, as well as the availability of any care for the apartment / owner, if necessary. Do not hurry, it is advisable to think through all the nuances.

For example, prescribe the right to inherit real estate from the buyer at his death. In this case, the rent contract can either be terminated, or be inherited by one or another citizen. It is also worth paying attention to the moments in matters of medical care, treatment, as well as providing housing for the retired owner.

In the agreement, be sure to write down the deadline for transferring material support to you. Every nuance must be taken into account. A sample of the contract for lifetime rent of an apartment is actually missing. It is individual, but it must necessarily contain information about the real estate that will be transferred to the property, as well as the parties involved in the case.

Individuals

The lifetime rent of an apartment, whose offers can be met more and more often, can not be concluded without the identity cards of both parties. Passports will be useful here. Or rather, their copies. You can even without assurance.

Please note: all documents that will be listed below are attached to your contract. In some cases, you need originals, once you can do copies. Only on a mandatory basis the identity cards of both parties must be submitted.

I am the owner

The contract of lifetime rent of an apartment is not valid without a specific list of documents. Moreover, you simply refuse to sign it. In order to be able to conclude such a transaction, the owner of the dwelling must submit documents proving the ownership of the apartment without fail .

What can be attributed here? First, a direct certificate of ownership. It is advisable to produce a certified copy. Also need information about the apartment. To do this, take a certificate from the BTI, as well as an extract from the house book. Do not forget also the documents on the cadastral value of your housing. They can be brought later, but it is better to collect a complete list of documents at once. Do not forget to provide information about the absence of debts for real estate.

Health

Life annuity of the apartment - what is it? As we have already explained, we have a matter with the form of the transfer of property from one person to another, but with its own peculiarities. An optional, but quite important point is the presentation of certificates on the state of health of the "seller" of real estate. We need documents from narcology, as well as psychiatric dispensaries. It has already been said: only adequate citizens have the right to conclude such a contract.

In practice, few people are involved in obtaining these certificates. But if you are responsibly approaching the issue of life annuity, it is better to think about the peace of the "buyer". After all, the availability of certificates confirming your healthy psychological condition will save the future owner from attacks from your heirs, if any. It will be easy to prove the legality of the actions carried out.

Duty

In addition, you will have to pay a state fee. The contract of lifelong rent for an apartment requires a certain amount of money to be paid into the state coffers for the transaction. As a rule, this contribution is made on behalf of the owner of the housing. That is, the pensioner must pay it.

In what sizes? In 2016, for a contract, rents with lifelong maintenance (or without it) will have to pay 2000 rubles. No more, no less. Very often, owners of this kind ask the person who will pay them. Not entirely legal, but you can agree. The main thing is that in the payment there should be exactly the initials and the data of the one who is, as it were, the seller of the apartment.

Immediate conclusion

In principle, that's all. No more documents are needed to sign and conclude a contract. But the process does not end there. Now it is necessary to somehow legalize the concluded agreement.

How it's done? You must apply to a notary. He will examine the terms of the contract, as well as all the documents you have submitted. If everything was done correctly, in his presence the agreement is signed and recognized as valid. No? Then they will explain to you how to correct the situation. In this scenario, you will need to re-visit the notary after you take action to successfully conclude the transaction. Most often, this phenomenon is not observed - citizens simply enter into a life annuity contract and fulfill their obligations.

Recognition of insignificance

A huge role is also played by the issue of recognizing the transaction as invalid. As practice shows, this topic is mainly concerned with heirs and blood relatives of the owner of housing. Only they are in for a great disappointment - it is not so easy to recognize a rent as invalid. Only in two cases is this possible.

First, it is the recognition of the owner as incompetent at the time of the transaction. A popular method of successors, which is easy to "break" - it is enough to apply in advance the information on the health status of the "seller", who will be kept for life. After that, blood relatives have no chance.

Also, life annuity of the apartment reviews about recognizing it as invalid receives not the best, because the second point that is taken into account is the buyer's failure to fulfill its obligations. This type of phenomenon is extremely rare. After all, it is often better to comply with the terms of the contract, and then get the property in the house, than just so someone to provide material support. After all, the amount paid will not be returned to you. It turns out that there is almost no chance of annulling the rent.

Results

It's time to take stock. Life annuity of the apartment - what is it? For someone, as already said, salvation. And to someone this document can bring a lot of problems. Pay attention: it is almost impossible to recognize a deal as void.

This method is common in Russia. And most often rent with lifelong maintenance (or without it) is concluded by lonely elderly people. The formalization of the agreement is not as difficult as it seems at first glance. Think carefully before agreeing to a deal. It has both advantages and disadvantages for both sides.