Postponement of settlement under an annuity agreement. Apartment with a deferred check-in. Benefits and dangers. Differences between annuity dependent on life annuity

A precedent decision was made by the Simonovskiy District Court of the capital on the so-called life annuity agreement.

For many lonely old people such an agreement is the only way to provide themselves with tolerable living conditions, to receive a small additional income, and with some agreements, help with housekeeping. Such an agreement is beneficial to the second party. Anyone who undertakes to pay extra and help an elderly person receives the ownership of his apartment. It is clear that with such a scheme, weak people run the risk of running into scammers who can either destroy the old man from the world, or simply cheat with payments.

The buyer is also at risk. As the court decision shows, he can at once lose both the right to housing and all the money paid.

Meanwhile, life annuity contracts are becoming more and more popular both in Moscow and in other Russian cities. At the same time, the number of villains who are trying to cash in on this type of cooperation with older people is also growing. How to deal with cheating? Not every elderly person will be able to competently defend their interests in litigation, some are not even able to properly draw up documents in court. What should they do? The answer is provided by a revealing story with one such treaty.

That is why a fresh court decision is so important, which helped the elderly woman to get rid of the bonded rent.

An 82-year-old woman, a disabled person of the second group, in 2008 entered into an agreement with her acquaintance for life maintenance with a dependent, according to which she transferred her apartment in Moscow to her ownership. At the same time, according to the terms of the contract, the rent payer undertook to provide the elderly woman with housing, food, clothing, care, necessary assistance, as well as pay her monthly rent payments and repair the apartment.

At first, the "good friend" regularly paid the promised contributions to the old woman every month. True, right from the moment of the conclusion of the contract, she refused any real help, including the renovation of the apartment. And since May 2014, the new owner of the apartment stopped transferring monthly payments to the pensioner. After that, the tenant even had to pay utility bills at her own expense, so as not to turn off the electricity in the apartment.

The pensioner turned to the prosecutor's office to protect her rights. Having established that the terms of the agreement were indeed violated, the prosecutor defended the rights of the 82-year-old Muscovite and sent a statement of claim to the court to terminate the rent agreement. The court upheld the position of the prosecutor's office. The court decision has already been sent to the Rosreestr management for the reverse re-registration of the apartment to the former owner.

At the same time, the payments that the elderly woman received from the rent-bearer for 6 years will not have to be returned to her. The fact is that, according to the Civil Code, if the rent payer violates his obligations, the rent recipient has the right to demand the return of the apartment or the payment of the redemption price to him. In this case, the annuity payer is not entitled to demand compensation for expenses incurred in connection with the maintenance of the annuity recipient.

This story ended well. But, unfortunately, it is not uncommon for people who have signed an annuity to sign their own death warrants. At the end of last year, the capital was shocked by the story of the death of 62-year-old Tamara Khokhryakova at her entrance, who unexpectedly ran up to two unknown men injected with a syringe with poison.

As it turned out later, the organizer of the crime was the realtor Vitaly Studenikin, who created a whole "business" of killing pensioners. His victims were at least six more people. All of them, shortly before their death, entered into contracts of life annuity.

Nevertheless, sometimes the annuity contract is mutually beneficial. Old people receive a significant monthly increase in their pension plus other services provided for in the contract, and, for example, a young couple - the opportunity in the future to get an apartment for which they have no opportunity to save. The main condition is one thing - that both sides turn out to be decent people.

By the way, this scheme of home buying has long been practiced in Europe. In many countries, it is possible to purchase an apartment at a price significantly lower than the market price, but with the proviso that the owner will live in it for the rest of his days.

According to Russian law, a "life annuity" is a set of legal norms governing the transfer of real estate from one person to another in exchange for the payment of rent payments to the former owner of the real estate. Simply put, the buyer pays the seller a one-time part of the cost of the apartment and undertakes to pay the monthly rent specified in the contract in equal shares throughout the life of the owner of the property.

A distinctive feature of the life annuity is that the seller of such real estate continues to live in the already sold premises, but loses the opportunity to sell or donate the apartment.

According to real estate agencies, in Russia an additional payment to a pensioner in the amount of 10-15 thousand rubles is usually established for the right of ownership under an annuity agreement. Sometimes a prerequisite for a deal is caring for an old man - the buyer will have to buy medicines, food for him, help if the pensioner is admitted to the hospital. Often the contract provides for the payment of funeral expenses. But all this, according to lawyers, is discussed individually by the parties when concluding an agreement.

The main document drawn up in such transactions is an annuity agreement that regulates all parameters related to the property, as well as the terms and conditions of payments. The legislation of the Russian Federation determines that the size of the minimum rent must be at least one minimum wage, and when it is indexed, corresponding increases in payments must occur.

It should be noted that contracts for life annuity and life support (purchase of food, medicine, cleaning, etc.) are not legally linked to each other. Therefore, in such cases, two contracts are concluded at once.

Help "RG"

The cost of apartments under rental agreements in Moscow and the amount of rental payments under them

According to realtors, one-room apartments are most often sold under a rent agreement in Moscow. For example, now in this way you can buy a one-room apartment on the outskirts for 2.3 million. At the same time, a pensioner, who is now 66 years old, will need to pay 15 thousand rubles a month for life.

But a one-room apartment closer to the center is being sold for 3.7 million rubles. The owner is 80 years old. She will need to pay 30 thousand rubles a month.

A two-room apartment in a good area is offered under an rent agreement for 2.2 million rubles. It is home to spouses aged 60 and 70. They will need to pay an additional 30 thousand rubles a month. This apartment is immediately sold as a property, but with a delay of settlement and registration.

Explanations of "rg"

Advantages and disadvantages of an annuity agreement for property owners:

1. The seller and his family members have the right to live in their apartment until their death.

2. The seller of the apartment has a regular source of income in the form of rental payments.

3. The contract may stipulate a range of services that the payer will provide to the renter until the end of his life.

4. There is a danger of being faced with the dishonesty of the rent payer, who evades the fulfillment or does not properly fulfill the terms of the contract. In this case, in order to terminate the rental agreement or call on the other party to fulfill its conditions, you will have to go to court or the prosecutor's office.

5. There is a risk that the "buyer" will turn out to be a fraud and, being interested in the death of the "seller", will contribute to this by his actions.

Expert opinion

Konstantin Aprelev, Vice President of the Russian Guild of Realtors:

Today there is a fairly serious criminal component in this area of ​​business. Companies that specialize in this work, and, of course, there is a threat that, having received an apartment, unscrupulous people deliberately create worse conditions for a pensioner, thereby shortening his life. Therefore, I consider it a rather high-risk situation to conclude such contractual relations with strangers or with some companies, especially for single pensioners.

What is an annuity agreement, in relation to what property it can be concluded, with whom, on what conditions and to whom it is beneficial, we found out in real estate agencies that offer this type of service.

What is an annuity and what to expect from this type of real estate transaction

Artem Kosulin, a lawyer at the "Address" real estate agency, says:

Rent is a rather new type of contract for Russian legislation. To simplify everything, the rent relationship boils down to the fact that one party (the recipient of the rent) transfers the property to the other party (the payer of the rent) the property, for which he periodically receives remuneration or even full maintenance for an arbitrarily long time.

The annuity agreement is governed by Ch. 33 of the second part of the "Civil Code" of the Russian Federation. According to the document, the following types of rent have the right to exist:

Permanent annuity (paragraph 2, Art. 589-595) - according to the agreement, the annuity payer assumes the obligation to pay it to the recipient indefinitely. The recipient's rights are inherited. After his death, the heirs will use the rent payments. In addition, the recipient of the annuity can transfer his rights to another person by assigning claims. The recipients of permanent annuity can be both citizens and non-profit organizations, if this does not contradict the goals of their activities;

Life annuity (paragraph 3, Art. 596-600) is an agreement that provides for the monthly payment of a sum of money until the end of the life of the annuity recipient. This amount must be clearly defined and recorded in a notarized agreement;

Life-long maintenance with a dependent (paragraph 4, art. 601-605) - providing the recipient of the rent with housing, food, care, medicines (if he needs them for health reasons) in return for ownership of the property. This type of rent also includes the payment and organization of funeral services.

The contract of lifelong maintenance with a dependent may provide for the possibility of replacing the provision of maintenance with a dependent in kind by payment during the life of a citizen of periodic payments in money by agreement of the parties (Article 603).

The amount of the life annuity determined in the contract, calculated per month, must be at least the minimum amount established by law, and in the cases provided for in Article 318 of the Civil Code of the Russian Federation, it must be increased.

An annuity agreement may be concluded by legally capable citizens. The exception is, perhaps, social workers. They cannot be rent payers due to their professional activities.

An annuity contract is sometimes confused with a donation contract. It should be clear: a donation agreement is the transfer of property (in our case, real estate) free of charge and forever, and an annuity agreement is the transfer of property in exchange for material benefits until the end of the life of the recipient of the rent. In addition, the rental agreement can be terminated (by mutual agreement of the parties or in court), and it will be very difficult, almost impossible, to return an apartment donated in sound mind and memory.

Eduard Chuprov, deputy director of the Doverie-AN real estate agency, says:

The annuity agreement is governed by Articles 538-597 of the Civil Code of the Russian Federation. According to article 584 of the Civil Code of the Russian Federation, an annuity agreement is subject to compulsory notarization. The law does not provide for options for a simple written form. That is why it is better for both parties to an annuity to consult a lawyer specializing in real estate before entering into it. Then the potential payer and recipient of the rent will understand each point, by their mutual consent, amendments have been made, and the transaction itself will be as transparent as possible.

According to the practice that has developed in the real estate market, a life annuity contract is found much more often compared to other types of annuity contracts. And there is an explanation for this. A life-long maintenance contract with a dependent, for example, in addition to monthly rent payments, provides for the duties of caring for the renter, providing him with food, medicine ... Usually, close people, relatives who also have a sufficient amount of time go to this. It is easier for a business person to regularly pay the amount of money fixed by the contract.

Consider a contract for life annuity. Its introductory part should contain complete reliable information about the parties to the agreement, they can only be individuals from the side of the renter, from the side of the rentpayer, individuals and organizations.

Rent recipient - a person who provides the property of the rent-payer with his property on the terms of compensation, the amount and frequency of which is determined by the rent agreement. Compensation can be expressed either in cash or in kind.

Rentpayer - a person in whose ownership the property of the renter is provided.

According to the law, the property transferred under an annuity agreement can be any property of the renter. Since we are talking about real estate, then the property under the contract becomes an apartment, house, garage, land, etc. It is necessary to indicate what kind of real estate it is, where it is located, on the basis of what documents is the property of the recipient of the rent.

Important provisions of the annuity agreement are the size of the lump sum, types, size and frequency of other payments (rental payment, utility bills, other payments). Typically, recurring payments are made on a monthly basis.

It is important to pay attention to the amount of the rent payer undertakes to transfer a one-time payment to the rent recipient in exchange for receiving the property. It can be ten percent of the market value of an apartment or an amount of, say, 100 thousand rubles. The price of the property is determined at the time of the conclusion of the contract.

The amount of the monthly rent must be indicated. The amount under the contract can be any, but not less than two minimum wages (minimum wages).

By the way, several annuity recipients can be included in the contract. After the death of one of them, the rent of the deceased passes to the living and living recipient. For example, a contract was concluded with an elderly spouse. Each of them was entitled to, say, one thousand rubles a month. After the death of one of the spouses, his widow (widower) will receive two thousand monthly as an annuity payment.

This section of the contract may include obligations for monthly payment of utilities, a certain fixed amount for the purchase of drugs, medical supplies, etc.

The rights and obligations of the parties should be carefully examined. Exactly what is fixed in the contract, the rent payer will provide and receive, excuse the namesake words, the rent recipient.

It takes into account both the burial costs in accordance with the rite of religion, and the methods of transferring rental payments (to a bank account, by postal order, in cash against a receipt or otherwise) with the date, compensation for damage in the event of force majeure and much more. The help of a lawyer will be required in explaining each clause of the agreement in order to avoid possible mutual claims of the parties.

Termination of an agreement. Another very important section. The terms of termination of the contract are stipulated both at the initiative of one of the parties and by mutual agreement.

Often many questions arise when concluding a life annuity agreement. What happens if the payer of the rent dies before the rent recipient? What to do if the renter has agreed to sell the apartment to another person with the transfer to that of the rights and obligations to pay the rent, and then he somehow did not like this person? Is it possible to change the amount of rent if a certain amount is indicated in the contract, and due to the fact that life is becoming more expensive, this money turns out to be extremely small? For a competent settlement of all these issues and their reflection in the concluded rental agreement, I advise you to contact lawyers specializing in real estate transactions.

We have already said that several people can be the recipients of the annuity at the same time. There can also be several payers of rent, for example, a husband and a wife. Together they will help each other and bear joint responsibility for fulfilling the terms of the contract so that in the future they or their grown children will be provided with their own housing.

The annuity agreement in action. Information for doubters

Oksana Shagalova, manager of the "Pearl of Russia" real estate agency:

As with any real estate transaction, some doubts may exist on both parties to the annuity agreement. The main thing from doubts: who will own the apartment, is it possible to evict the rent recipient from it and move in the rent payer, can it be sold, to register grandchildren, for example, or nephews in it, who, after the conclusion of a lonely old woman's rent agreement, suddenly woke up tender family feelings for her ... The law provides for the retention of the right of use and residence for the recipient of the rent. The ownership of the apartment under the rent agreement is transferred to the payer of the rent, but it is encumbered with a pledge (mortgage) by virtue of the law. In other words, without the consent of the recipient of the annuity, the annuity payer cannot carry out any transactions with real estate. And the recipient of the rent will not be allowed by the law to dispose of the apartment at his own discretion, because documentarily it now belongs to another owner.

The size of the monthly rental payments is questionable. By law, they must be at least two times the minimum wage. In fact, there are two different concepts of the minimum wage. The first concerns labor relations. In accordance with this, from September 1, 2007, the minimum wage is 1100 rubles. Another minimum wage refers to civil law relations. Currently, it is equal to 100 rubles. Thus, the rental payment should not be less than 200 rubles per month. Of course, for the sake of such a ridiculous amount, no one would conclude an annuity agreement. Here it is important to provide for the mandatory payment of communal services, and a lump sum, and additional payments by mutual agreement of the parties.

“Will a social worker leave me if I conclude an annuity agreement,” the lonely pensioner expresses doubt. According to the law, the transfer of ownership of real estate from one person to another does not in any way affect the provision or absence of social assistance.

But the relatives of lonely elderly people deserve special mention. It happens that an elderly aunt gives her second cousin an apartment and waits for her to take care of her. The donation contract does not impose any obligations on the gifted person. The law cannot force a niece's aunt to run out for milk or take out the trash. While the contract of life annuity obliges to support the rent recipient financially, and the contract of life support with dependents, in addition to money, take care of, provide food, necessary medicines and everything that is prescribed in this contract.

The Pearl of Russia has experience in drawing up rent contracts. For example, a 68-year-old man, a disabled person of the 2nd group, inquired in detail about the conditions for concluding an rent agreement, consulted with friends, and made a decision. And one elderly woman came for help in terminating a dependent lifelong maintenance contract with one annuity payer and concluding a contract with another.

Conducting any real estate transaction is a serious step. Before making a decision, be sure to consult with experts in the real estate market. You should not trust random people and make hasty decisions.

Let me give you an example. Once on the street I went with my friend to an old woman who had laid out jars of pickles and preserves. Ask the price. And she asks me: "Do you work in a real estate agency?" - "Yes." - "Advise me what to do." And she told her story. About a year ago, she handed over her apartment to a real estate agent or broker under a donation agreement. The elderly woman did not specify the place of work, but simply trusted the pleasant lady, believing that she would help her with money, food, and pay the rent. Indeed, everything went great, the pensioner was happy. Suddenly, the woman who was given the apartment died. Her grown daughter is now inheriting. She does not want to hear anything about the old woman and their verbal agreement with the deceased mother. Grandma is now afraid to stay on the street.

Consideration should be given to the benefits of renting to single seniors.

Recorded by Olga Kustova

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Very often you can find announcements that an apartment is being sold with a delay in moving in. Usually such apartments are sold by elderly people who would like to receive regular money, maybe food or medicine, and so on.
There are two types of contracts, thanks to which an apartment can be sold with a deferred settlement.
The first type is called an annuity agreement and is calculated only to receive funds. Such an agreement can be concluded in relation to any property.
The second type of contract is called a dependent lifelong maintenance contract. Usually this form is used only to transfer housing. This agreement assumes not only the payment of cash rent, but also the provision of other services.
In any case, the seller acts as the rent receiver, and the buyer as the payer of the rent. The apartment becomes the property of the rent payer immediately after the contract was concluded during the lifetime of the rent recipient.
The pitfalls that await the parties to this contract are usually those associated with the list of additional responsibilities of the person who pays the rent. In most cases, when claims for annuities are filed, they are mainly filed by those who receive the annuity, since in his opinion he does not receive the proper care, which is

Or the reason may be that food or necessary medicines are not bought for him. There are also such retirees who sell their apartment several times and each of them otsuzhivayut apartment back.
To avoid such cases, it is better to conclude an annuity agreement and limit yourself only to the payment of the required amounts.
If the seller very strongly insists that the contract be concluded with a dependents, then this should alert you, and you should definitely check if the seller has made similar transactions in the past. If such transactions have taken place, then it is still worth showing interest in how they ended. All conditions for maintenance and care must be specified in the contract. Thus, so that whenever such actions are carried out, the necessary documents are on hand.
Today, there are no specific requirements for how to correctly draw up documents under an annuity agreement or lifelong maintenance. Here is an approximate list of required documents:
1. Documents that establish the rights to property, together with a certificate of ownership, as well as documents that are the basis (purchase and sale agreement, donation, transfer agreement, if the apartment was privatized, certificate of inheritance rights, and others) ...
2. Certificate from BTI in form 11a and technical passport for residential or non-residential premises.
3. Extract from the house book and a copy of the personal financial account.
4. Passports of the parties to the contract.
5. After the state registration has been completed, the property rights are transferred to the rent payer, and the rent recipient acquires the right to receive maintenance from him.

You may also be interested in the sections.

Deferred apartment

Sometimes in advertisements for the sale of real estate you can read: "I offer an apartment with a deferred check-in." And the price is usually well below the market price. What is hidden behind this ornate wording?
For clarification, we turned to Marat G. Kaufman, General Director of Curator-NN LLC.

In this case, we are most likely talking about the conclusion of an annuity agreement. According to it, the annuity recipient transfers the property to the annuity payer, but on the condition that they provide the citizen residing in it with certain services, pay the sums of money indefinitely (permanent annuity) or for the life of the annuity recipient (life annuity).
By itself, the concept of "rent" implies the receipt of regular income from capital, property or land, not associated with business activities. In Soviet legislation until 1964, contractual models such as a rent contract were absent for reasons of an ideological nature, since no usury was allowed at all. In the Civil Code of 1964, a rule appeared that regulated only one type of rent agreement - lifelong maintenance with a citizen's dependency and only as a kind of contract for the purchase and sale of a residential building. In Russian legislation, the relationship between the parties under an annuity agreement is governed by the norms of Chapter 33 of the Civil Code of the Russian Federation. It defines concepts such as an annuity contract and a dependent life support contract (a type of annuity contract).

An annuity or a dependent for life?

As for the rent (transfer of property into ownership for a fee or without it and receiving rent payments), it is permanent and lifelong.
If the rent is permanent, then the rights to it can be inherited. For example, if some property is transferred under an annuity agreement, then after the death of the annuity recipient, all rights to receive annuity payments are transferred to his heirs. The rights of the recipient of payments on the basis of permanent annuity can also be assigned or received by way of succession. At the same time, you should be aware that only citizens or non-profit organizations can be recipients of permanent rent.

Life annuity can only be received by citizens (renters). Payments in this case are determined by the life of the renter. After his death, they stop. A life annuity agreement may provide for the payment of sums of money - a lump sum of money at the beginning, then - certain monthly sums of money until the moment of death, payment of utilities, taxes, payment of interest for late payments, etc. The loss or accidental damage to the transferred property does not release the payer from the obligation to pay the life annuity.

Important! You should be aware that in the rent agreement, the right of the rent recipient to live in a given dwelling may or may not be spelled out.

In this sense, the contract of lifelong maintenance with a dependent is more specific - a citizen's residence in a dwelling is compulsory. Also, this agreement prescribes, in addition to the amount of monthly payments, how the maintenance of the rent recipient is carried out, the obligations of the payer are listed. For example, the need for the latter to pay for annual holidays, medical and ritual services, purchase medicines and food, etc.

Important! A dependent life support contract may be concluded for residential premises, land plots and other real estate owned by the recipient of the rent by right of ownership.

From the very name of the contract it is clear that it is concluded (like the contract for life annuity) only for the period of the life of the renter.

Monthly payments

When concluding a contract for lifelong maintenance with a dependent, the contract must determine the cost of the entire volume of maintenance with a dependent, which must be at least two minimum wages, for a life annuity contract - at least one minimum wage established by the legislation of the Russian Federation.
However, this does not mean that this amount can be in the amount of 100-200 rubles.
By Decree of the Constitutional Court of the Russian Federation of November 27, 2008 N 11-P, the provision of part two of Article 5 of the Federal Law "On the Minimum Wage", prescribing the calculation of payments under a contract of life annuity and lifelong maintenance with dependents, based on a base amount equal to 100 rubles, - recognized as inconsistent with the Constitution of the Russian Federation.
In accordance with the said Decree, the legislator is obliged to introduce appropriate amendments to the laws no later than July 1, 2009. But so far, unfortunately, there is no information about such changes.
In the annuity agreement, a different form of payment can be established, in the contract for lifelong maintenance with a dependent, the monthly amount of the maintenance of the citizen, the recipient of the annuity, which can be replaced by periodic payments, is determined, and other conditions can also be determined.

Are deals possible?

Real estate, a house or an apartment, for example, in the case of the conclusion of the above-described contracts, will be encumbered (pledged) by the recipient of the rent. This means that civil transactions for the subsequent alienation of property are possible only subject to the receipt of the notarial consent of the rent recipient, and after the registration of the alienation of such real estate, the seller and the acquirer retain subsidiary obligations to pay rent payments and maintain the rent recipient.

Termination

In the event of a significant violation by the annuity payer of the terms of the contract, it may be terminated by the annuity recipient. Termination of such transactions is carried out, as a rule, in court.
Termination of the contract is also possible by agreement of the parties, if both parties are ready to agree to this. In this case, an agreement on termination of the contract is signed with a notary, and the former renter, after the state registration procedure, again becomes the owner of his property.
If the payer fulfills the terms of the rent agreement strictly, in full, it is extremely difficult to terminate the agreement, because the agreement is subject to mandatory notarization. Before signing, the notary certifies the legal capacity of the parties, indicates that they understand the content of the agreement, its meaning, all parties to the agreement sign this.

At what age can such a deal be made?

Theoretically, from the age of 18 on both sides. But, as a rule, single elderly people go to the conclusion of such agreements, hoping to thus receive additional funds for their maintenance.
As a rule, elderly citizens believe that they have lived a great life, have a huge life experience and are well versed in people. However, this is not always the case. Many of these respectable citizens still live with the thinking of the Soviet era, building relationships with people in full trust, believing that no one would dare to deceive an elderly person. As a result, when this happens, when they understand that they were, after all, been deceived and turn to a lawyer for help, it turns out that almost nothing can be done: the contract is drawn up legally competently, the annuity payer fulfills, for his part, all the conditions agreement, there are no grounds for termination of the agreement by one party.
I think that before agreeing to conclude such agreements, you should consult with a specialist in advance, then the provisions of Chapter 33 of the Civil Code of the Russian Federation will become more understandable.

The moral side of the issue

The state, as a result of the publication of the law "On the privatization of state and municipal property," allowed citizens to acquire residential premises. Since it happened for free, many have remained with the psychology of employers, not owners.
In this regard, our owners are mostly nominal, and therefore often easily part with their property. How can you seriously hope to improve your financial situation if the proposed amount of monthly payments under an annuity agreement in the amount of two thousand rubles? But some elderly citizens agree to this.
In my practice, there was a case. The owner of a privatized two-room apartment is 90 years old. The cost of his living space is about 2 million rubles. The apartment was transferred to them under an annuity agreement with a one-time payment of 100 thousand rubles and monthly payments of 900 (!). Even if we index these payments taking into account inflation and carry them out over the course of 10-20 years, it is obvious that the recipient of the rent is clearly cheaper. The cost of the apartment is clearly not commensurate with the amount of projected payments under the rent agreement.
This is how, taking advantage of the illiteracy of older people, unscrupulous companies use rent contracts for their profit.
And yet, if we talk about morality. Very often, and especially in cities, older people are interrupted by ties with relatives. Perhaps, if they had someone to talk to, to consult, then they did not conclude such agreements.
I noticed that we have less and less selfless people. From the point of view of the struggle for existence, this is probably correct and normal. From the point of view of the human community - no.

For the recipient of the annuity:

1. The most important thing for the recipient of payments is to receive money and stay in the apartment for life. Therefore, in my opinion, an independent lawyer should act on the part of the renter, and not a specialist who works in an organization that offers its services for concluding rent contracts. The fact remains - the majority of citizens who have entered into such agreements consider themselves deceived, unhappy with the current situation, but they cannot do anything - everything is legally formalized correctly.
Therefore, you should know not only your rights under this agreement, but also your obligations. This applies to each of the parties. It is difficult to understand all the nuances without a lawyer.

2. With regard to the amount of monthly payments, it is desirable to indicate that they will have to be indexed in accordance with inflation.

For the payer of the annuity:

3. To prove the good faith of the fulfillment of obligations, each payment, service must be confirmed by the recipient of the annuity. The annuity payer should not rely on chance - no claims are received, which means that everything is fine. It is advisable to have a special magazine in which the rent recipient would sign for everything. Not just collecting checks.

4. Before concluding an annuity agreement, it is worth considering whether you can handle it. After all, it is not known when the apartment will be moved into the apartment, and you will have to communicate with a stranger elderly person every day. How your relationship with the recipient of the annuity will turn out is unknown. This type of contract differs from the others in that it transforms economic relations into personal ones. If something does not suit you, causes concern, you should not conclude such an agreement.

And here is what our experts think about this.

Natalya Korionova, Deputy Head of the Rosreestr Office for the Nizhny Novgorod Region:

The transition of the law is a very crucial moment. If a citizen donates an apartment to someone, even to his closest relatives, he must realize that he is no longer the owner of it, he has no rights to it.
Such a form of legal relations as lifelong maintenance with a dependent is little used. But in this case, the law protects the rights of a person who gives away his property as rent. They are obliged to keep him, without his consent the apartment will not be alienated. In my opinion, this is more reliable. After all, you can determine the conditions of detention in advance, prescribe everything to the smallest detail - the purchase of medicines, cleaning the apartment, cooking, visiting a doctor, etc.
But, apparently, this option is considered problematic. As a result, we are faced with the fact that old people find themselves on the street. Either they are sent to a nursing home, or they acquire housing unsuitable for normal existence, where they eventually die.

Anton Kuznetsov, Deputy Director of the Academy of Sciences "Chekni":

The practice of concluding rent contracts is not widespread in our city. If we compare, for example, with the inheritance of housing, then there are orders of magnitude less such contracts. And this is good, since the very fact of their existence testifies, if not to the illness of society, then to the sad fate of lonely elderly people, for whom the state is unable to provide decent care. As a result, they are forced to look for someone who, not because of family or friendship feelings, but out of selfish motives, because of residential meters, is ready to take care of them. This, apparently, should not be so.

It is difficult to say whether such an agreement is ethical or not. I think that he has a right to exist. These are typical market relations, set out in a notarized contract, when housing is on one side of the scale, on the other - care and regular cash payments throughout the remaining years of a single person's life.

If we talk about organizations specializing in the provision of such services, then, unfortunately, there is a sad experience in the Nizhny Novgorod region. In the early 90s, we had a very large company in this area. She was heard by the whole city and the real estate community. As a result, it turned out that they were swindlers, they deceived the old people, and as a result ended up in prison.
Realtors in their pure form practice little in this direction - there is no flow and it is wrong to focus on this. It is impossible to say which type of annuity agreement is better to choose. Everything is individual. Someone only needs money, and someone else needs help with housekeeping.

When concluding an annuity agreement, a notary acts as a certain guarantor. Moreover, if this is a well-known specialist who values ​​his name and reputation. Often such contracts are concluded with distant relatives, nurses or housing office workers who have all the necessary information.
There are risks when buying such an apartment, as well as when purchasing, for example, an apartment passed by inheritance or sold by proxy. Some legal nuances are possible here, which, in the end, may lead to the dispute of the transaction. Therefore, buyers should contact market professionals and trusted agencies to avoid possible misunderstandings. Reputable real estate companies are vitally interested in ensuring that no complications arise in the future.
Here we, of course, are not talking about one-day firms that do not value their reputation. After the state stopped licensing real estate activities, they got carte blanche.

The percentage of annuity contracts is higher than other contracts for the alienation of real estate. Let me give you a typical situation. After the conclusion of the rent agreement, the lonely, it seemed, pensioner, there are relatives who are trying to terminate the agreement. They often motivate this by the fact that the care was not carried out in the proper amount. And it doesn't matter how things really were.
This behavior is easy to explain. Most of our citizens are not able to earn an apartment throughout their lives. Living space for many is the only capital in life. That is why it is of such interest. For both people with good intentions and scammers.
One can only sympathize with low-income pensioners living alone that they have found themselves in such a situation in life - in a risk zone.
It's hard to say when something in this area will change. First of all, fundamental changes in the economy are needed. In the meantime, everything goes as it goes.

Market relations and a difficult economic situation in the state have led to the emergence of certain relations in our legislation, which are formalized by an rent agreement.

The recipient of the rent is recognized as an unprotected party, which is why the state controls the conclusion of these agreements.

What is the essence of a rental relationship?

The first participant (recipient) transfers the property to the second (payer) and receives regular payments for it.

There are two types of such relationships:

1. Permanent annuity. The payments are indefinite and are inherited. This type of agreement is concluded not only with citizens, but also with commercial organizations.
2. Lifetime. Payment is individual, ends with the death of the recipient of dividends. Only private individuals, that is, ordinary citizens, can participate in the execution of this type of agreement.

There is also a dependent life support (a variation of the life annuity). One of the parties to the agreement fully provides the recipient of dividends (supplies food, medicine, calls doctors, organizes the satisfaction of spiritual needs and burial).

An annuity agreement is drawn up in writing, notarized and registered with the Federal Registration Service - this is a specialized control by the state.

Mandatory clauses of the agreement

• Subjects. Permanent annuity is indefinite, so the term does not need to be written in the document, but it is necessary to name who will transfer the right to receive payment by way of inheritance.
• The law does not regulate the question - to whom the right will pass if there are no heirs or they have refused the inheritance.
• Payment form. For constant payment, these are sums of money, but payments in kind are also acceptable, for example, a service, thing, work. Everything should be equivalent in value to the amount agreed by the parties. For a life annuity, money is the payment. For life annuity with content - in kind (work, services, things). It is possible to replace such payments with money, but this must certainly be written down in the document.
• The amount of payments. If you do not indicate the amount of payments, the contract is considered not concluded. According to the law, the size is constantly changing in accordance with the increase in the minimum wage. But by agreement of the parties, you can refuse such changes and develop your own principle of changing rental payments or indicate their invariability.
• For a containment contract with inspection, the minimum payment threshold cannot be less than two minimum wages (payments in kind are equivalent to this amount).
• Frequency of payments. This is an important, but insignificant point, and if it is not specified in the contract, then the frequency will be established by law. With constant annuity, it is quarterly, with life annuity, monthly.

"Prepare the sleigh in summer": what documents are required?

When drawing up a contract, you must prepare and provide the following documentation in advance.

1. Certificates confirming the identity of the parties to the contract (passports).
2. From the owner, you need a certificate from the BTI Form 11a.
3. Technical passport of the premises.
4. Documents of title, that is, a purchase and sale document, a transfer agreement for the privatization of an apartment / room, a certificate of use rights.
5. The consent of a living spouse or spouse to conclude an agreement, certified by a notary.
6. Extract from the house book.
7. A copy of the personal financial account.

What is transferred by agreement?

The law defines the subject of this agreement in a very generalized way. Precisely defined only for a dependent lifelong maintenance contract - this is real estate.

For other types of agreements, the subject may be money, securities and property rights.

But law enforcement practice shows that it is impossible to transfer a share of the right to common ownership of property, for example, one room in a multi-room apartment.

What should you pay attention to?

The rent recipient loses his title to the premises, such as an apartment.

To exclude unpleasant surprises, it is necessary to indicate in the life annuity contract that they do not have the right to evict from this premises.

According to the terms of the document, the payer can offer another premises, for example, not a 3 - room apartment, but a one - room apartment.

It is in the interests of the recipient of the content to clearly indicate in the agreement the exact address of this premises.

Since often contracts of life support are concluded with the elderly and sick people, it must be borne in mind that the document is considered not concluded if the recipient died before the signing.

And if the notary has already been certified, but the state registration has not yet been passed.

Receiving an apartment by agreement

More and more often, Russians use an apartment rent agreement, because it allows them to get housing much more profitably. It is better to enter into a simple agreement than a dependent lifelong maintenance agreement.

After all, such documents are signed with elderly people, and they can change their mind. And the agreement can be canceled only if the payment obligations have not been fulfilled.

So, it will be easy to prove the good faith of payments under the rent agreement - this is money, the transfer of which is documented.

Upon termination of such agreements, the annuity payer will not receive back the funds that he spent on the annuity recipient.

We often come across offers for the sale of an apartment with a deferred check-in. This is not another type of contract, but the same rent.

Here the rent payer runs the risk of running into fraudsters who, having received certain services or money, seek termination of the contract in court. In this case, it is also better to conclude an annuity agreement with payment of money.

But if the offer is interesting, and the seller only wants a maintenance agreement with a dependent, then the obligations of the rent payer must be very clearly described in the text. That is, list in detail what points of the content must be fulfilled.

An annuity contract is terminated if payment obligations are not met. For example, the recipient of the annuity thinks that the payer is doing something wrong.

The annuity payer must provide himself with evidence that his obligations have been fulfilled.

• So, if he is obliged to buy something, then he must do it via the Internet, placing an order in his own name.
• When performing repairs, draw up a contract of contract work in your own name.
• Pay by bank transfer from your current account. Even if you have a warm relationship with the rent recipient, extra insurance never hurts.

Courts often side with the weaker party, that is, the recipient of the rent, and terminate the contract. And the payer is left without property and without money.