Is it worth signing a contract? Is it worth it to conclude an agreement on the provision of general education? What are the prospects for this innovation

What are the pros and cons of signing a formal rental agreement? Do I have to pay tax if I sign a contract? Trust management in the delivery of housing.

Some of us become happy owners of additional housing. Someone inherits it from relatives, someone leaves for a long time in another region. Sometimes pensioners move to live in a dacha, and rent out a city apartment. It happens that a person buys new housing, but has not yet managed to sell the old one, or plans to receive additional income from it.

In any case, a very important question arises before the homeowner: Is it worth concluding a formal contract, or is it enough to verbally agree with someone who wants to rent your house or apartment?

Advantages of a formal contract:

Usually, the owners of the premises are interested in concluding a lease agreement. But the tenant also receives some advantages from the conclusion of the lease agreement.

A well-concluded contract saves future tenants from the following problems:

• Early eviction before the agreed time.
• Sudden increase in rent.
• Too frequent visits by the owner to the rented accommodation without prior warning.
• Loss of mortgage deposit.
• The official contract excludes the possibility that the housing will be rented illegally without the consent of the real owner, which can lead to the loss of the paid funds and the need to urgently leave the premises.

In addition, the concluded agreement gives the right to temporary registration at the residential address.

What are the benefits for a homeowner?

• A formal contract protects the landlord from unscrupulous tenants, if necessary forcing them to pay for damage to the landlord's property.
• If tenants re-let the apartment to third parties, move extra tenants there, violate the terms of payment and other parameters stipulated in the contract, the owner of the apartment may resort to the help of law enforcement agencies.
• The procedure for improving housing is simplified - repairing the premises, replacing plumbing, household appliances. All these actions can be performed by mutual written agreement either by the tenants, or the owner of the apartment, or jointly. At the same time, it is possible to prescribe in the contract who becomes the owner of the purchased household appliances after the termination of the lease.

There is only one downside to concluding a formal contract - financial side. In this case, you will have to pay for the contract itself, and in the process of generating income, the state will need to deduct tax. This leads to an increase in the price of rental housing, which negatively affects the attractiveness for the tenant.

Taxation when renting a house

If you rent only one apartment, and do not keep a whole network of apartments, receiving income from them, you do not need to organize an IP. It is enough just to prepare a tax return and submit it to the Federal Tax Service. Together with it, it is necessary to prepare documents on ownership, a lease agreement and an act of acceptance and transfer of residential premises. The tax rate is 13%. But if you rent out several apartments, you will have to register as a self-employed person and prepare everything Required documents before filing a tax return. This makes it possible to pay tax under a simplified scheme and reduces the tax rate to 6%. Therefore, even those who rent only one apartment sometimes take such a step.

Someone does not want to deal with additional costs when concluding a formal lease agreement. But in case of unforeseen situations, this will help to resolve all issues that arise between the landlord and the tenant.

Renting housing through an agency

Another option for a housing lease agreement is trust management, in which the search for tenants, receiving payment from them, and verifying compliance with all lease conditions is the responsibility of the real estate agency. It becomes an intermediary between the landlord and the tenant.

Advantages of this type of rental property:

• The landlord will receive payment in any case - the agency must pay regardless of whether the tenant made the payment on time.
• Agency employees independently monitor the fulfillment by residents of the living conditions in the apartment.
• The agency itself pays utility bills, saving the owner of the apartment from these actions.
• If there is a need for current repairs, these issues are also resolved with the help of the agency.
• The tenant also wins, because he is protected from the “whims” of the owner, who is able to stop renting the apartment ahead of schedule or suddenly increase the rent.

It is especially convenient to rent an apartment through an agency if the owner of the apartment lives in another region or is often away.

The only thing that stops many homeowners from taking this step is that the agency will have to transfer an amount equal to the cost of one month of renting an apartment, and then pay a commission in the amount of 10 to 25% of the monthly rent.

It is up to the owner to decide whether to conclude a contract when renting out a dwelling. The main thing to remember is that peace of mind for the safety of your property is worth spending some money on it.

Helpful information

• June 30, 2019

• June 29, 2019

• June 29, 2019

• June 28, 2019

• July 25, 2017

• June 28, 2017

• ANSWER: To be honest, immediately after the law made it possible to conclude a marriage contract (contract), I, mindful of the moral side of the matter, treated the latter with prejudice and wariness. As time went on, helping clients draw up and conclude marriage contracts, I realized that this “Western thing” was a blessing. Fortunately, because it allows spouses to determine property rights and obligations in marriage without quarrels and squabbles and, most importantly, in the event of its dissolution.

  Be careful: she may perceive your offer to draw up a prenuptial agreement extremely negatively.
  And it's not that she claims your "millions"

  Thus, answering the question, one can advise to conclude a marriage contract without fail, bearing in mind that the latter may concern both the existing and future property of the spouses.

  From the foregoing, it is clear that the marriage contract regulates property rights and obligations in marriage and (or) in the event of its dissolution, leaving out of the brackets personal non-property relations between spouses, as well as their rights and obligations in relation to children.

  A marriage contract can be concluded both before the state registration of marriage, and at any time during the marriage. Important point: a marriage contract cannot be concluded between people living in a so-called civil marriage. Rather, it can be concluded before the state registration of the marriage, but it will come into force from the day of the state registration of the marriage.

  You also need to know that the marriage contract is in writing and is subject to (sic!) notarization.

  It is known that the property acquired by the spouses during marriage is their joint property, and the shares of the spouses in the event of its division are recognized, as a rule, equal. So, the marriage contract can change the specified regime of joint property of the spouses and generally contain any provisions relating to the property relations of the spouses. Note, however, that a marriage contract cannot contain conditions that put one of the spouses in an extremely unfavorable position. In the latter option, the infringed spouse will go to court and, most likely, such a marriage contract will be declared invalid by the court.

  The marriage contract can be changed or even terminated at any time, but by mutual agreement of the spouses, therefore, a unilateral refusal to execute the marriage contract by one of the parties is not allowed.

  A marriage contract is concluded in any form and can be of any size. For example, I happened to draw up a marriage contract of 3-4 provisions on one sheet of paper for a businessman middle class and a multi-page marriage contract for one oligarch, in which everything was spelled out literally to the smallest detail. However, in my practice there was also a one-page marriage contract for another very rich man, which contained only a few clauses about what his young beautiful wife would receive in the event of a divorce. Life is multifaceted...

  Happy marriage!

  There are questions on the merits - ask in the comments.

  Do I need to sign a contract if you rent or rent an apartment? Decide for yourself, we will only try to explain to you the pros and cons of such an agreement, drawn up on paper. The agreement is not a document that confirms the payment, and therefore cannot make you more vulnerable to the fiscal authorities, if you do not pay taxes. You can always say that the tenant has not paid a penny, and you can’t put him out of the apartment in any way. In a situation where a local police officer comes to check, the very fact of finding a stranger in your house and his testimony is important.

  At the same time, the owner of the apartment, in the presence of a written agreement, gets more opportunities to recover compensation from his careless guest for damage to property, unpaid long-distance telephone calls and early termination of the lease. However, the landlord must be aware that the law protects not only his rights, but also the tenant, in particular, gives him the right to evict the tenant, only after a six-month or two-fold delay in payment, depending on the period for which the contract was concluded. By signing a seemingly non-binding piece of paper, without seals and stamps, without state registration and notarization, in fact you enter into relationships that are clearly regulated by law. And if your opponent acts legally competently from beginning to end, then you, unknowingly, may find yourself in a very unpleasant situation. This is especially true for the landlord, because the law protects the interests of the tenant to a greater extent.

  So, as already mentioned, the contract of employment is drawn up in a simple written form. Of course, the contract must clearly indicate the full name, passport details and registration addresses of the parties, as well as the address of the apartment, which is the object of the contract. This is precisely a lease agreement, because a lease agreement is concluded only if one of the participants is a legal entity, and then state registration of such an agreement is necessary. There is also a sublease agreement, it is concluded by citizens living under a contract of employment, social or commercial, but not owners of housing.

  It is very important to indicate the period for which the contract is concluded. Because if it is not defined, then the contract is considered concluded for five years, which gives the tenant very broad powers, and in fact gives him the opportunity to live in an apartment and pay nothing for half a year. Only for short-term employment, and such a contract is recognized concluded for a period of up to one year and no more, it is possible to evict a defaulter for a double delay in payment.

  Of course, the contract must fix the amount of the rent, the procedure for its payment and the period during which it cannot be changed. If its value is calculated in a foreign currency, then the link to the ruble is obligatory.

  In order to insure yourself against unforeseen expenses, the owner of the apartment, as a rule, requires a deposit. The contract should clearly reflect what the deposit is paid for, list all the conditions under which the deposit is withheld from the tenant: property damage, including repairs, unpaid telephone calls, refusal to pay rent, and early termination of the contract. An inventory of expensive furniture and equipment should be drawn up, their condition and serviceability assessed. On the other hand, it is necessary to prescribe the conditions for the return of the deposit in order to avoid misunderstandings after the expiration of the contract.

  The tenancy agreement must specify all persons who will live there together with the tenant. Otherwise, according to Article 679 of the Civil Code of the Russian Federation, they can be moved there only with the consent of the landlord, tenant and citizens permanently residing with him, as well as subject to the provisions of the law on the provision of the total area of ​​\u200b\u200bliving premises for one person. All these conditions can be neglected only if we are talking about moving in minor children.

  If the lease agreement is concluded for a period of more than 1 year, that is, it is not short-term, the tenant has the right to allow temporary tenants to live in the premises free of charge. To do this, he needs, having agreed this issue with citizens permanently residing with him, just notify the landlord. At the same time, the period of residence of temporary residents cannot exceed six months. The owner of the accommodation can prohibit the residence of temporary residents only in case of non-compliance with the requirements of the legislation on the norm of the total area of ​​\u200b\u200bthe residential premises per person.

  In addition to all of the above, tenants who have entered into an agreement for a period of more than one year have a priority right to extend the rental agreement, as well as to the so-called sublease, that is, they can re-let, in turn, this housing, or part of it.

  Among other things, when concluding a rental agreement, you should think about who will carry out home repairs. Unless otherwise provided by the contract, then in accordance with Article 681 of the Civil Code of the Russian Federation, current repairs are carried out by the tenant, and the owner of the housing, only capital repairs.

  Also, in the contract of employment, it is desirable to indicate the possibility of the owner of the apartment having additional keys, the conditions, time and frequency of visiting his house.

  As we have said, the law to a greater extent protects the interests of the employer. This is especially noticeable when it comes to the possibility of terminating the contract. The tenant can do this without giving reasons, only if the landlord gives a written warning three months in advance. Moreover, this period can be reduced if this condition is fixed in the contract. The landlord, by law, has the right to terminate the relationship with his guest, only in certain cases, namely:

  Six-month delay in payment for housing, and for short-term employment, double non-payment of payment
  Damage to housing and property
  Failure to comply with the conditions of residence and use of the apartment for other purposes
  Thus, if the landlord tries to early evict respectable tenants who do not break anything in the house and regularly pay the appropriate fee, then by law, such tenants can ignore the requirements of the landlord and continue to live in the rented housing until the end of the period specified in the contract. Unless, of course, they are willing to endure all the inconvenience associated with such a conflict and engage in tedious and costly litigation, instead of simply finding another place to live.

  In any case, whether you sign a contract of employment or not, the most important thing for both the employer and the landlord is not to run into a swindler. Therefore, do not hesitate to ask and demand: the provision of a passport, title documents, an extract from the house book, or at least receipts for payment of utility bills. Ask the owner to introduce you to the citizens registered in the apartment, if this is not possible, then ask for their written permission to rent the apartment. In the end, offer the owner to introduce you to the neighbors. If you receive a refusal for all your requests, it makes sense to think about whether the scammer is in front of you.

  It is more difficult to “break through” the guest, but here, in addition to checking the passport, it is necessary to find out the place of work of the future tenant, get the numbers of all his phones, both mobile and work, it will not be superfluous to try to get contact numbers of relatives or, in extreme cases, friends.
  Number of impressions: 3387
  Rating: 3.1

  17 December 2017, 17:04 , question #1848572 Ilya, Kirovo-Chepetsk

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  Lawyers Answers (5)

  Karavaytsev Vyacheslav

  Lawyer

  • 2606 responses

  • Article 54

    1. An agreement on education is concluded in a simple written form between:
    1) an organization carrying out educational activities, and the person enrolled for training (parents (legal representatives) of a minor);
    2) an organization carrying out educational activities, a person enrolled for training, and an individual or legal entity that undertakes to pay for the training of a person enrolled for training.
    2. The agreement on education must specify the main characteristics of education, including the type, level and (or) focus of the educational program (part of the educational program of a certain level, type and (or) focus), the form of education, the period of mastering the educational program (duration learning).
    3. The agreement on education, concluded upon admission to study at the expense of an individual and (or) legal entity (hereinafter referred to as the agreement on the provision of paid educational services), indicates the full cost of paid educational services and the procedure for their payment. An increase in the cost of paid educational services after the conclusion of such an agreement is not allowed, with the exception of an increase in the cost of these services, taking into account the level of inflation provided for by the main characteristics of the federal budget for the next financial year and planning period.
    4. The information specified in the contract for the provision of paid educational services must correspond to the information posted on the official website educational organization on the Internet on the date of conclusion of the contract.
    ..........................................................

    If you do not sign the contract, the provision of services can only be terminated if they are paid. Since general secondary education is free in the Russian Federation, there are no consequences for not signing the contract. Nevertheless, it is worth concluding it, since it was introduced by the above-mentioned Federal Law and regulates the rights and obligations of the school, parents and students.

    Good luck to you!

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    Clarification of the client

    We do not want to sign the contract for one reason: there is a clause about the obligatory presence of parents or proxies. But, we cannot guarantee attendance, the work schedule does not always allow attending meetings. But if we sign the contract, then it turns out we will automatically violate it ... The teacher talks about his son's expulsion in front of the whole class. He puts pressure on him in every possible way, does not let him out of the class at recess. And then right in the face she said: I don’t care about you! Again, my son is only 8 years old. How to act in such a situation? When trying to make a telephone conversation, the teacher began to freak out when she was told that it was not necessary to sign this contract, and then she simply hung up. The only thing that I managed to understand is that this contract is required from them and that's it. And the saddest thing about this situation is that it puts pressure on the child.

  Lawyer, Perm

  Chat

  Clarification of the client

  
  

  We do not want to sign the contract for one reason: there is a clause about the obligatory presence of parents or proxies. But, we cannot guarantee attendance, the work schedule does not always allow attending meetings. But if we sign the contract, then it turns out we will automatically violate it ... The teacher talks about his son's expulsion in front of the whole class. He puts pressure on him in every possible way, does not let him out of the class at recess. And then right in the face she said: I don’t care about you! Again, my son is only 8 years old. How to act in such a situation? When trying to make a telephone conversation, the teacher began to freak out when she was told that it was not necessary to sign this contract, and then she simply hung up. The only thing that I managed to understand is that this contract is required from them and that's it. And the saddest thing about this situation is that it puts pressure on the child.

  Good afternoon, Ilya!

  Since this agreement is provided for by the Federal Law on Education, you must sign it.

  What you do not like in the contract, you can draw up a protocol of disagreements. In the contract itself, make a note "with a protocol of disagreements."

  In this case, you should not have any complaints.

  Civil Code of the Russian Federation Article 445. Mandatory conclusion of an agreement

  
  

  The positions of the higher courts under Art. 445 of the Civil Code of the Russian Federation >>>

  
  

  1. In cases where, in accordance with this Code or other laws, it is obligatory for the party to which an offer (draft contract) is sent to conclude a contract, this party must send a notice of acceptance to the other party, or a notice of refusal of acceptance, or acceptance of an offer on other conditions (minutes of disagreement to the draft contract) within thirty days from the date of receipt of the offer.
  The party that sent the offer and received from the party for which the conclusion of the contract is obligatory, a notice of its acceptance on other terms (the protocol of disagreements to the draft contract), has the right to transfer the disagreements that arose during the conclusion of the contract to the court within thirty days from the date of receipt of such notice or expiration of the acceptance period.
  2. In cases where, in accordance with this Code or other laws, the conclusion of an agreement is obligatory for the party that sent the offer (draft agreement), and a protocol of disagreements to the draft agreement will be sent to it within thirty days, this party is obliged within thirty days from the date receipt of the protocol of disagreements, notify the other party of the acceptance of the agreement in its wording or the rejection of the protocol of disagreements.
  If the protocol of disagreements is rejected or the notice of the results of its consideration is not received within the specified period, the party that sent the protocol of disagreements has the right to refer the disagreements that arose during the conclusion of the contract to the court for consideration.
  3. The rules on the terms provided for in paragraphs 1 and this article shall apply unless other terms are established by law, other legal acts or agreed by the parties.
  4. If a party, for whom, in accordance with this Code or other laws, the conclusion of a contract is obligatory, evades its conclusion, the other party shall have the right to apply to the court with a demand to compel the conclusion of the contract. In this case, the contract is considered concluded on the terms specified in the court decision from the moment the relevant court decision enters into legal force.
  

  
  

  A party that unreasonably avoids concluding a contract must compensate the other party for the losses caused by this.

  There are different ways to become an owner of an apartment.
  Buy housing on the market, take out a mortgage loan, become a member social program for the waiting lists.
  You can get square meters as an inheritance.
  And what about those who do not have enough money or adequate income, they are not recognized as waiting lists, and there is no one to leave their inheritance to?

  
  There is another way to purchase an apartment - through the conclusion of a rental agreement.
  
  Let's just say it's risky.

  No right of residence

  Life annuity involves the conclusion of an agreement with an elderly person, according to which his apartment becomes your property.
  But only formally.
  You can dispose of real estate at your own discretion (as well as live in it) only after the death of its previous owner-rentee.
  Until this moment old man on completely legal grounds, he will live in the apartment that has already become yours, and will also receive a certain amount of money from you every month.

  Relations between the renter and the renter are regulated by the Civil Code of the Russian Federation.
  It provides the following definition of a rent agreement: “Under a rent agreement, one party (rent recipient) transfers property to the other side (rent payer), and the rent payer undertakes, in exchange for the property received, to periodically pay rent to the recipient in the form of a certain amount of money or provide funds for its content in a different form” (Part 2, Chapter 33, Article 583 of the Civil Code of the Russian Federation).
  
  Rent can be of several types.

  In a relationship individuals two are most common: the so-called life annuity and life maintenance with a dependency.
  In principle, their essence is the same: in exchange for the right of ownership, you assume the obligation to brighten up (materially, and sometimes morally) the old age of a person.

  The issue price for these types of rent is different.
  In the first case you are obliged at the end of each month to pay your pensioner-rentee a certain amount of money (its amount must be determined in the annuity agreement).
  By law, the rent is two times the minimum wage (minimum wage), but in practice, few older people will be content with such an amount.
  
  As for the second type of rent, then here, in addition to financial responsibility, the new owner of the apartment assumes obligations to provide the rentee with other services: take care of him in case of illness (and probably all old people have certain ailments), buy food for him, make repairs, pay for medicines and treatment, etc.
  That is, the grandmother (or grandfather) is completely dependent on the rent payer.

  Paper cases

  Relations between the rent recipient and the rent payer are regulated by the relevant rent agreement, which stipulates the rights and obligations of each of the parties (of course, the clearer and more detailed all the points are, the better for everyone).

  This document must be certified by a notary and registered with the Federal Registration Service, after which the ownership of the apartment (but not to dispose of it at your own discretion!) Is transferred to the renter.
  This is confirmed by the Certificate of State Registration of Ownership, which indicates who and on the basis of what is now the owner of the apartment, and what encumbrances exist on it.

  
  Arithmetic for Timurovets
  Let's calculate how much a "rental" apartment will cost you.

  Usually, when concluding a rental agreement, you will have to immediately give the pensioner an amount of 20-40% of the market value of this property.
  In addition, you will need to pay for the services of a notary (to certify the contract), state registration of the transfer of ownership, and financially “thank” the intermediary firm.

  Most likely (unless, of course, you conclude a rental agreement with relatives or acquaintances) you will have to turn to the services of such offices.

  Indeed, it is very difficult, and more often completely impossible, to find an elderly person who wants to “give” his apartment to a certain citizen on his own.
  In Moscow, several dozen companies have the corresponding "base" of pensioners.
  It is advisable to contact those firms that at least have a license for this type of activity, their own website on the Internet and a professional lawyer (s) in the state.
  The services of the latter can be very useful if your renter wants to suddenly terminate the contract (more on this fly in the ointment below).
  
  And also from the field of arithmetic.
  According to Part 2, Art. 597 of the Civil Code of the Russian Federation “the amount of the life annuity, determined in the contract, per month must be at least minimum size wages prescribed by law.
  The amount of maintenance with a dependent, according to the same law, cannot be less than two minimum wages.
  In practice, pensioners do not agree to an amount less than 6 thousand rubles a month.
  
  The result is the following arithmetic picture.

  Suppose a two-room apartment costs $180,000.
  In this case, at the conclusion of the rental agreement, you pay the landlord $54,000.
  The brokerage firm will receive approximately $18,000 (10% of the value of the home).

  Every month you give “your” pensioner at least $200 (as practice shows, this will have to be done on average for ten years).
  During this time, the renter will receive $24,000 from you (again, this is at least).

  As a result, the apartment under the rental agreement will cost you $96,000, which is cheaper than its market value.
  For $84,000! This does not include rising house prices.

  In general, it turns out that it is profitable to conclude an annuity agreement.
  Especially when you consider that the initial large contribution may not always (although most often) be required.
  Still, think first.

  Old robbers

  History knows numerous examples when a person who has been supporting a pensioner for quite a long time, as a result, was left without the promised apartment.
  The fact is that the renter can at any time sue and demand that the rent agreement be declared invalid.

  The reasons for such an act are very diverse: a pensioner may not like the way you look after him and talk to him, he may be disappointed in the amount of rent payments, or (worst of all) his relatives will suddenly appear who want to get this apartment and an old woman (or an old man) will go towards them.

  There was such a case when a grandmother gave the money received from the rent payer to her alcoholic son, who moved into the apartment after her death.

  How is the court, you ask? Yes, it's very simple - he is social in our country. And in most cases it will protect the needy pensioner, and not those who wanted to "take over" his apartment.

  The law is also not on your side.

  Civil Code, Art. 605:

  “In the event of a material violation by the payer of the rent of his obligations, the recipient of the rent has the right to demand the return of the immovable property transferred as security for life maintenance, or the payment of the redemption price to him ... In this case, the payer of the rent is not entitled to demand compensation for the expenses incurred in connection with the maintenance of the recipient of the rent.”

  Of course, you can try to protect yourself from unpleasant surprises.
  In particular, take advantage of title insurance (insurance of property rights).
  But this will have to be included in an additional expense item.
  Also, so that later in court you are not accused of the absence of rental payments, it is better to transfer money through the Savings Bank or take the appropriate receipt from your rent recipient.

  But from the possible most unpredictable whims of an elderly person, threats against you from his relatives are unlikely to protect you.
  Yes, and the lease agreement can last longer than ten years.

  Expert comment

  Oleg Koldaev, expert of the Fund for the Development of Legal Culture at the Federal Notary Chamber:
  “It is possible to conclude an annuity agreement. But only in the case when the life situation develops in such a way that a person cannot solve the housing problem in any other way. The fact is that this is a very risky deal in terms of legal consequences.

  In this case, the renter has an initially more stable legal position than the renter.
  Since in the contract (especially an annuity with a lifetime dependency) it is impossible to prescribe all the life situations that may arise.
  And the renter has additional grounds for terminating the contract (for example, a pensioner may accuse you of purchasing low-quality products).

  And the courts take the side of the elderly.

  Even the death of the renter is not yet a guarantee that there will be no more problems with the apartment.
  There were cases when, having accused the rent-payer of fraud, the annuity agreement was recognized as null and void.
  It will be very difficult to prove the innocence of the latter in court.”
  
  Rental agreement (sample)

  RENT CONTRACT

  Life annuity agreement
  Moscow city, _______________.
  We, full name, _______________ ______ year of birth, residing at the address: _______________, hereinafter referred to as the RENT RECIPIENT, on the one hand, and full name, _____ year of birth, residing at the address: _______________, hereinafter referred to as RENT PAYER, on the other hand, have entered into this Agreement as follows:
  1. The RENT RECIPIENT transferred the _________ room apartment belonging to him by right of ownership, conditional number ___________, located at the address: Moscow, st. _______________, house _____, apartment _____, in the ownership of the RENT PAYER, against the payment of a life annuity.
  2. The specified apartment belongs to the RENTAL RECIPIENT by right of ownership on the basis of Transfer Agreement No. ______________, executed by the Office of the Department of Housing Policy and Housing Fund of Moscow in _______________ administrative district "____" _________ 200_, registered by the Moscow City Committee for State Registration of Rights to Real Estate and transactions with it, about which in the Unified State Register of Rights to Real Estate and Transactions with it "_____" __________ 20___, a registration record was made _______________, Certificate dated "_____" ___________ 20_____, form __________.
  3. The above apartment consists of ________ living room, has a total area of ​​_____ sq. m. (_______________), including excluding loggias, balconies, other summer premises ____ sq. m. (_______________), living area _____ sq. m. (_______________).
  4. The cost of the above apartment is ________ rubles _____ kopecks. (_______________), which is confirmed by certificate No. _______, issued by the Moscow City Bureau of Technical Inventory (MosgorBTI) ______________ TBTI "____" _______ 200__.
  5. By mutual agreement of the parties, the specified apartment is estimated at ______ rubles. ___ kop.
  (_______________).
  6. The RENT RECIPIENT asserts that up to the present moment the said apartment has not been alienated to anyone, not mortgaged, is not in dispute and under arrest (prohibition), is not burdened by hiring, rent, other transactions, which is confirmed by certificate No. _______ issued by ______________ TBTI Moscow "___" ______________ 200___.
  7. The specified apartment was transferred for _________ rubles. 00 kop. (_______________ _______________) how much the RENT PAYER paid to the RENT RECIPIENT prior to signing this Agreement. The RENT PAYER, in exchange for the apartment received into ownership, undertakes to pay monthly to the RENT RECIPIENT an amount of ____________ rubles, but not less than one minimum monthly wage established by law, during the life of the RENT RECIPIENT, by transferring Money against receipt or transfer to the personal account of the RECIPIENT of the RENT in the Security Council of the Russian Federation in Moscow, or by postal orders. Life annuity is paid at the end of each calendar month until the tenth day of the current month.
  8. THE RENT PAYER undertakes to keep the specified apartment in the RENT RECIPIENT's free use for life, to pay utility bills, except for payment for electricity, and in the event of the RENT RECIPIENT's death, to pay funeral services. Funeral services are paid at the rate of not more than 30 (thirty) minimum monthly wages established by law.
  Expenses for payment for electricity, telephone, long-distance and international calls are borne by the RENTAL RECEIVER.
  9. The RENTAL RECEIVER retains the right to free lifelong residence and use of the above apartment.
  10. The RENT RECIPIENT, in order to secure the obligations of the RENT PAYER, acquires the right to pledge the specified apartment.
  11. The RENT PAYER undertakes not to live in the specified apartment, and also to exclude the residence and registration of third parties in the above apartment without the written consent of the RENT RECIPIENT. The RENT RECIPIENT undertakes to exclude third parties from living and registering in the above apartment without the written consent of the RENT PAYER.
  12. In case of termination of this Agreement by agreement of the parties, each party returns to the other everything received under the transaction, except for rental payments.
  13. In the event of the alienation of the above apartment by the RENT PAYER, its obligations are transferred under this Agreement to the purchaser of the apartment.
  14. In case of intentional damage caused by the RENTAL RECIPIENT to the apartment or adjacent premises, the RENTAL RECIPIENT bears material liability in the amount of the damage caused.
  15. According to an extract from the house book, no one except the owner lives in the specified apartment and is not registered.
  16. After the state registration of this Agreement and the transfer of ownership, the RENT PAYER becomes the owner of the above apartment and assumes the obligation to pay real estate taxes, expenses for repair, operation of the apartment, and also participates, in proportion to the occupied area, in repairs, including capital , houses and adjacent territory. The transfer of the apartment is carried out according to the transfer act signed by the parties. The obligation to transfer the apartment is considered fulfilled from the moment the parties sign the transfer act.
  17. The obligations of the RENT PAYER shall terminate upon the death of the RENT RECIPIENT.
  18. The Parties, in the presence of a notary, confirm that they are not limited in capacity, for health reasons they can independently exercise and protect their rights and fulfill their obligations, do not suffer from diseases that prevent understanding of the essence of the signed Agreement and the circumstances of its conclusion, and are not in any other such a state where they are not able to understand the meaning of their actions or direct them, that they do not have circumstances that force them to make this transaction on extremely unfavorable terms for them.
  19. Contents of Articles 131, 164, 209, 218, 223, 244, 246-249, 288, 292, 450, 460, 550, 551, 556, 558, 587, 596, 597, 598, 599, 600, 601, 604 Civil Code Russian Federation, Art. 34, 35 Family Code Russian Federation, Art. 4 of the Law of the Russian Federation "On the Fundamentals of the Federal Housing Policy" was explained to the parties by the notary and complied with.
  20. The parties to the Agreement confirm that they have received from the notary all the clarifications on the transaction being certified. The text of the Agreement, statements and all other documents were read aloud by the notary, the parties do not have any changes to the stated terms of the Agreement.
  21. Expenses for execution of this Agreement and its state registration shall be borne by the RENT PAYER.
  22. This Agreement is made in triplicate, one of which is kept in the files of the notary of Moscow _______________, one is issued by _______________, one is issued by _______________.
  Moscow city.
  _______________ This Agreement is certified by me, _______________, a notary of the city of Moscow. The contract was signed by the parties in my presence. The identity of the parties has been established, their legal capacity, as well as the ownership of _______________ of the alienated apartment has been verified. This Agreement is subject to mandatory state registration with the Moscow City Committee for State Registration of Rights to Real Estate and Transactions Therewith. Registered in the register under No. __________.
  Charged at the rate of ______________.
  Notary