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Instructions

1

The contract of rent is actually a salereal estate in installments, although the transfer of property can be carried out and free of charge. In accordance with the contract of rent, the recipient of rent transfers real estate to the payer of rent, the law allows the conclusion of a rent contract with lifelong maintenance. The rent contract can be terminated by the parties by mutual consent or on the initiative of the recipient of the rent, if the payer of the rent is not properly fulfilling the terms of the contract, for example, the funds provided for in the contract are not paid or other forms of maintenance are not provided.

2

The contract of rent is made in writing and inobligatory procedure is subject to notarization and state registration. If the parties do not comply with this requirement of the law, then the transaction can be recognized as null and void. The contract of rent can have signs of the contract of sale and purchase, if the contract provides for the payment of cash maintenance to the owner of real estate. Or the general provisions of the gift contract can be applied to the rent contract if the property is transferred to the property of the payer of rent for free.

3

To conclude an annuity agreement, the parties mustHave with you: passport, title and right of proof of documents for the real estate object, cadastral and technical passports for the apartment, a certificate from the technical inventory office about the value of the object of the contract at the time of the transaction, an extract from the unified state register of rights to real estate. The contract is concluded in three copies, for each of the parties and for Rosreestr. To transfer the contract for state registration of real estate transactions, you must provide an application and a receipt for payment of state duty (plus to the above listed documents), as well as notary consent of spouses, if any.

4

For the preparation of the contract, it is necessary to turn tolawyer or a notary, this will allow to take into account the requirements of the legislation of the Russian Federation and provide for the wishes of the parties. The contract must contain: the names of the parties, passport details, registration addresses, complete data on the real estate object, information on the compensation of the contract, the conditions for transfer of ownership of the apartment, the person in whose favor the rent will be paid (the law allows the payment of rents in favor of a third person) . The rent contract will be an encumbrance on the property.

Tip 2: How to terminate the rent contract

Currently, the Civil Code of the Russian Federation provides for two forms contract rents: constant rent and life annuity. Essence contract rents is that the recipient rents transfers to the payer the property in the ownership of which the payer rents undertakes to pay to the recipient an annuity in the form of a monetary sum or content in another form (Article 583 of the Civil Code of the Russian Federation). The Civil Code of the Russian Federation does not impose any restrictions on the choice of the payer and the recipient rents.

Instructions

1

Agreement rents can be terminated only in two cases. By agreement of the parties. In this case, the recipient rents again becomes the owner of the living area, and the payer rents ceases to incur any obligations towards him.

2

The contract of lifelong rents can be terminated by the recipient rents in the following cases: - deterioration of the terms of collateral or its loss due to circumstances for which the tenant is not responsible; - "substantial breach" by the payer rents of its obligations (Article 605 of the Civil Code of the Russian Federation), which is understood as a systematic non-fulfillment of the conditions by the party contract or a breach of its obligation, entailing any negative consequences for the other party.

3

Sometimes terminate the contract for life rents it is possible only in court. For this, both parties provide the court with evidence of non-fulfillment of the conditions contract. It can be:- Evidences of witnesses - Claims made by the lessee after each violation - Checks if the rent recipient bought any products or things that the contractor was supposed to purchase by the payer - Other documents proving violation of the obligations of the payer.

Tip 3: What documents without a notary do not have legal force

Notary certification is aauthentication of a document or a copy thereof. The need for such an action is in some cases established by law: without proper certification, a number of documents will be considered invalid.

Notarization permits to confirmthe authenticity of a particular document or its copy on an official level: such assurance is recognized by all without exception by state bodies, legal entities and individuals on the territory of the Russian Federation. That is why the current legislation with regard to especially important documents establishes the requirement that they have a seal and a notary signature.

Documents, in all cases requiring notarial certification

List of documents that in all casesrequire notarization, not too large. In particular, it refers to a will, which is a written order of a citizen regarding the distribution of property belonging to him after his death. True, Article 1129 of the Civil Code establishes that, subject to certain requirements, a citizen can make a will in simple written form if he is in circumstances threatening his life. However, after the completion of these circumstances, he still has to apply to the notary's office. Another document requiring an obligatory notarization is an agreement on the payment of alimony. This legislative requirement, established in order to protect the rights and interests of minor children, is recorded in Article 100 of the Family Code of the Russian Federation. In addition, marriage contracts, rent contracts and lifetime maintenance contracts are subject to mandatory notarization: without such notarization, such documents will not have legal force.

Documents requiring notarial certification in individual cases

A separate regulation is provided fornotarization of documents confirming the completion of transactions. A number of provisions of the Civil Code and other regulatory and legal acts of the Russian Federation establish with respect to transactions arising from other transactions the following requirement: if the initial contract was concluded in simple written form, the contract on the transaction on its basis also consists of a simple written form. If the original contract was notarized, the subsequent contract is also subject to notarization. Such a condition concerns, for example, contracts of assignment of right of claim, debt transfer agreements and other similar documents. In addition, notarization of documents confirming the transaction is required if the parties reached an agreement on such a certificate and recorded it in writing. In this case, even if by law the intervention of a notary is not mandatory, the absence of its seal and the signature on the documents will entail the invalidity of the transaction. This condition is fixed in Article 163 of the Civil Code of the Russian Federation.