So, today we will find out with you what permanent rent is. And life including. This question is of interest to many, but it mainly concerns the elderly. In particular, single, without heirs. True, the rental contract has a lot of features and nuances. They will have to be taken into account when concluding an agreement. So what are we dealing with? What should you prepare for if you decide to rent with someone? How is it made out? All this will be discussed now. In fact, if you understand this process, it will not cause you trouble.
Constant
The first thing to get to know is basic concepts. Rent can be different. Depending on its type, you will be offered certain conditions when signing the corresponding contract.
Permanent rent is an agreement between persons on the transfer of property. With all this, one party will pay a fixed amount of cash to the homeowner at certain points in time. And the second undertakes to transfer its property to the payer. Contract time is not limited by anything.
In fact, permanent rent is a kind of lifelong maintenance of the owner in exchange for his property. More and more it is found in the modern world. But this is not the only type of rent. There is another option.
For life
What are you talking about? There is a place to be a life annuity contract. It is different from constant. In any case, at the legislative level. In the first case, you will have to indefinitely (constantly) pay a certain amount of money for receiving the property of the owner in the future.
But in the second case, the validity of the contract has a limitation. Which one? A life annuity contract is an agreement on the basis of which a citizen undertakes to pay rent (regular fixed payments) to the owner in exchange for his property in the future. Moreover, the validity period is human life. As soon as the owner dies, you get rid of rental payments. And in return you get the property of the person who was paid earlier.
For whom
Who should pay attention to this kind of agreement? As a rule, elderly people without heirs resort to rent. They need someone to leave the property, as well as receive help from someone in old age. Lonely pensioners are those who most often enter into an annuity contract for an apartment with third parties.
But often those who have legal heirs also resort to such a technique. From the principle of "harmfulness" or bad relationships - it is not so important for what reason this decision was made. But if you decide to rent, you have to warn your payer about it. Indeed, sometimes heirs can interfere with the observance of the contract and try to declare it invalid. Few people agree to pay "just like that" without receiving anything in return, and also having the likelihood of problems.
In general, a permanent annuity (or life annuity) is perfect mainly for single people. Family is advised to refrain from it. Or simply conclude this agreement with a close relative. After all, this is one of the forms of transfer of ownership from one person to another. Something like a gift, but only with all this you will receive guarantees of maintenance and rental payments at a certain point in time in a fixed amount.
Who to negotiate with
The contract of permanent annuity, as well as life, may not be concluded with all citizens. And this will have to be taken into account.In addition, this process has a lot of features and essential conditions. What should you pay attention to first of all?
For example, the fact that you have the right to conclude an agreement with any competent citizen. It is important that he is in a solvent condition. That is, he was not an invalid who needs care. The average hard worker is the one with whom, as a rule, annuity is signed.
A variety of organizations can also act as a payer. Also a very common option. In Russia now there are even special centers that make rental payments and generally enter into our current types of agreements in order to later own property. This is usually about apartments and houses.
Essential Terms
Permanent and lifetime rents have certain conditions for concluding a transaction. They are called essential. And they play a huge role for citizens. According to modern Russian law, the essential conditions for our agreement today are payments in a fixed amount. They are called rental.
The size thereof is established by agreement of the parties, but it should not be less than one subsistence minimum established in your region. The amount is calculated monthly. Indexing is allowed, depending on the growth and development of the economy in the country. Payment periods are not limited by a constant rent. Typically, money is transferred once at the end of each month or quarter (calendar). But the contract may specify the exact terms of the rental payments.
Payment Features
What else is worth paying attention to? An apartment rental contract, to be honest, may contain certain payment conditions. Non-standard, as some call them. These norms are spelled out in the Civil Code of the Russian Federation.
The thing is that, according to modern legislation, annuity payments can be assigned not only in monetary amounts. Also, there is the provision of certain material goods or services, which at their cost amount to an amount determined by agreement.
The form of payment is usually indicated directly in the contract. And usually it does not change. Sometimes you can enter here the content, care, medical care. So not always constant rent will be expressed in monetary terms. In practice, of course, most often this form takes place.
Termination
An annuity contract for an apartment may terminate ahead of schedule. True, in this sense there are very few possible scenarios. In total, there are 2 points that will have to be taken into account.
Firstly, a permanent annuity can be declared invalid if the law proves the incapacity of one of the parties. That is, when the right passes to a person who cannot act as a recipient for one reason or another.
Secondly, the so-called ransom is possible. Lifetime maintenance (rent) provides for the early redemption of one of the parties. This can be both the owner-recipient and the payer. How much to pay? Either as much as provided by the concluded contract, or the amount of annuity for the year. It is these conditions that currently operate in Russia.
Risks of the Parties
Do not forget that any transaction has its own risks. And they take place even in our case. And often huge. Especially for the payer. Why is this so?
When concluding a contract of permanent annuity, you must take into account the fact that the loss of (sudden) property does not cancel the agreement. That is, when in the course of unforeseen circumstances the property of the recipient deteriorates or completely perishes, this will not cancel your obligations. A similar rule is relevant when it comes to rent without redemption.
But if you decide to pay for the property, then you can demand the termination of the agreement. Or change the terms of annuity payment.Fortunately, such incidents are very rare. And do not be too afraid of them. But it is advisable to be safe and prescribe all the conditions in advance in the agreement.
About health
In addition to all of the above, you will need to take care in advance to provide evidence of your mental health. Moreover, the emphasis is mainly on the homeowner. In order for the contract of life annuity (or permanent) to take place, it will be necessary to prove the adequacy of the parties.
This is especially true when the owner has real heirs. In this case, the conclusion of the psychiatrist is a guarantee that the payer will not have problems in the future. And if the heirs try to annul the transaction and recognize it invalid, most likely, it will not work to bring this idea to life. Indeed, as practice shows, it is the recognition of the incompetence and inadequacy of one of the parties that terminates the rental agreement.
It is also advisable for the payer to undergo a medical examination. This will save you from unnecessary problems. Proof of mental health is the guarantee of your peace of mind. Remember this.
Documents
Now more about exactly what documents we need to conclude an annuity contract. Without them, you will not be able to bring the idea to life. By the way, the main burden in this sense will fall on the shoulders of the owner. That is, the party to which rent will be paid.
First of all, you need to take an extract to BTI with an apartment plan. After that, you should contact the Rosreestr and get there information about the property (cadastral passport indicating the cost of housing). Next to the package of documents you already have, attach a certificate of ownership of this or that property. Extract from the house book, as well as personal account statements must also be attached.
Then you should undergo a medical examination and get a conclusion from a narcologist and psychiatrist about your health condition. In the end, draw up a direct contract and attach the original and a copy of your ID to it. In principle, that’s all.
Notary
Now that you are ready, you will need to get copies and originals of the annuity payer's passport. Well, if he also brings conclusions from a psychiatrist and narcologist. After you can discuss all the subtleties and features of the agreement.
The final stage is a visit to a notary public. In the presence of him, you must sign an agreement, and it is this person who will check the availability of all necessary documents. If something is missing, you will have to re-appear at the reception. Please note that all visits must be joint. The reception is attended by both the landlord and the future payer.
Another small nuance - you need to pay a fee in advance for concluding a contract with the participation of a notary. It is 0.5% of the price of the apartment. With all this, the payment cannot exceed 20,000 rubles. It is made in advance, the receipt of payment is attached to the contract of permanent or life annuity. No copies - they will not be calculated by a notary as a perfect payment.
And here is another type of duty - directly for the annuity contract. Most transactions in Russia now require this kind of payment. At the moment, the amount is 2,000 rubles. Attach the receipt of payment with a check to the contract. On this process can be considered completed. The main thing is that the payment is made on behalf of the owner of the apartment. Permanent (unlimited) rent is a good option for transferring property from one person to another. But this is also a risky occupation. Think carefully before concluding this deal.
