We present to your attention a sample of filling or other living space with the right of subsequent redemption.
The contract is drawn up in triplicate.
Sample contract
Town _________________
"____" _____________ 2015
We, citizen (-nin) ____________________________________________ ( full name
), registered at the address: _______________________________________, passport _______ ___________________________ (passport data), referred to in the text of the Agreement as "Lessor", on the one hand, and citizen (s) ___________________________________________________ ( full name
) registered at: _______________________________________ ( address at the place of registration of the tenant of the apartment
), the passport _______ ___________________________ ( passport data
), referred to as "Lessee" in the text of the Agreement, have entered into this Agreement on the following:
1. The Lessor undertakes to transfer the apartment, which is the subject of the Agreement, to the Lessee for possession and use with the right of subsequent redemption. Apartment No. _________, located at: ___________________________________________________ ( rental address
), with a cadastral number ___________________ is located on the _____ floor of a ______-storey panel building. In the transferred apartment ___________ rooms ( the number of rooms in the dwelling is indicated
), the total area of \u200b\u200bthe apartment is _______ sq. m., including the living area of \u200b\u200b______ sq. m., which is certified on the basis of a certificate from the BTI No. _____________ dated "____" __________ 2015. According to the inventory estimate, the cost of the apartment transferred to the Tenant is _____________________ rubles.
2. The transferred apartment is owned by the Landlord, which is confirmed by _______________________________________________________________________ ( details of the registration certificate for the apartment or other document of title ).
3. The apartment is transferred for ownership and use from the Landlord to the Tenant on _____________ ( lease terms: number of months or years ) from ______________________ ( a specific date of transfer or an indication of the moment (for example, from the moment of registration of the Agreement or drawing up an act of transfer and acceptance).
4. Lease payments for the entire lease term of the premises are established by agreement of the Parties in the amount of ____________ rubles.
Payments are paid as follows: immediately upon execution of the Agreement, the Lessee transfers ____________ rubles to the Lessor's account. The remaining funds payable under the Agreement in the amount of ____________ rubles The Lessee pays in cash to the Lessor for __________ rubles. monthly. Payments are made no later than the 15th day of each calendar month following the month of the conclusion of the Agreement.
5. Expenses for the maintenance of the apartment and utility bills are not included in the above rental payments and are paid by the Tenant independently.
6. Rights, obligations of the parties:
6.1. The landlord of the dwelling is obliged:
6.1.1. transfer to the Lessee the apartment specified in the Agreement, located at _____________________________________________________________ within five days after the registration of the Agreement for ownership, use with the execution by the Parties of an act of acceptance and transfer, reflecting the actual state of housing when it is transferred to the Lessee. The Landlord is not responsible for the shortcomings of the apartment handed over to the Tenant, if these shortcomings were discovered or should have been revealed when drawing up the acceptance certificate. If the Landlord violates the deadline for the transfer of the apartment, the Tenant has the right to demand the immediate transfer of the apartment and compensation by the Landlord for losses arising from the violation of the transfer deadline, or termination of the Agreement with compensation for losses caused by the Landlord's failure to fulfill its obligations;
6.1.2. not to alienate the leased residential premises during the term of the Agreement.
6.2. The lessee is obliged:
6.2.1. use the transferred apartment only for living;
6.2.2. obtain the consent of the Landlord for any redevelopment or refurbishment of the apartment;
6.2.3. to ensure the maintenance of the rented apartment, at its own expense to carry out its current repairs, eliminate damage, defects, accidents that have appeared in the premises through the fault of the Tenant himself, his family members or citizens settled in his rented housing.
7. The apartment rented out under this Agreement, upon the expiration of the contractual terms and the fulfillment of all financial obligations, becomes the property of the Tenant. Early transfer of housing into ownership is possible if the Tenant pays the full amount of payments under the Agreement before the expiration of the specified period, but not earlier than after ____________________ ( number of months or years
) after signing the Agreement.
8. The Landlord may, on his own initiative, prematurely terminate the Agreement if the Tenant or the citizens settled by him in the apartment:
8.1. use housing not for living;
8.2. materially violate the terms of the Agreement;
8.3. significantly by their actions worsen the apartment;
8.4. delay rent more than 2 months.
9. The Lessee may unilaterally terminate the Agreement early if:
9.1. The landlord did not provide the apartment within the agreed time frame or prevents the use of the apartment;
9.2. The Lessee revealed significant shortcomings of the apartment transferred to him, not specified by the Landlord when signing the Agreement, if the Lessee could not have found them during the acceptance of the housing.
10. In the absence of the circumstances specified in paragraphs. 8 and 9 of the Agreement, its termination and amendment is carried out by agreement of the Parties.
11. The agreement, agreed and signed by the parties, is subject to registration with Rosreestr.
12. This Agreement is made in 3 copies.
Signatures of the parties
______________
Download in doc format
Legally secures the rights and obligations of the parties by signing the relevant agreement.
On the basis of the concluded agreement, the owner undertakes to transfer the property to the tenant for use, receiving a certain payment for this within the agreed period. The procedure for making payments by the lessee is prescribed on paper.
The parties determine and formalize in writing the conditions for the transfer of rights to property from the owner to the lessee:
- at the end of the transaction period;
- ahead of schedule - in case of payment of the cost of the leased property in full.
The agreed date can be changed by drawing up an additional agreement indicating a different option.
Reference! The redemption of the property received at the time and the conclusion of the corresponding agreement is provided for by Article 624 of the Civil Code of the Russian Federation.
When a tenant decides to purchase an apartment in ownership already in the process of living, the legislation allows the signing of an addendum to the previously concluded agreement. By agreement between the parties, the amount of money contributed by the tenant during the period of use can be counted towards the payment of the cost of housing.
Advantages and disadvantages
Among the many options for obtaining ownership of an apartment (mortgage, installment plan, etc.) rent from subsequent redemption least common, since there is no clear regulation of the process in the legislation.
Nevertheless, in some cases, citizens resort to a similar method because of its attractiveness for both parties.
The deal is profitable for the lessee for the following reasons:
- Possibility of settling in an apartment after signing the corresponding agreement.
- The absence of an intermediary in the person of a bank (as with a mortgage loan), therefore, there is no interest accrual, the need to collect certificates and pay for insurance.
- Upon termination of the lease with the right to purchase, the tenant loses only the amount paid to the owner of the property in rent.
The owner of the square meters agrees to a similar implementation method:
- When the apartment cannot be sold for a long time due to existing shortcomings (lack of renovation, uncomfortable area, etc.).
- To receive a stable monthly income in the form of a tenant's rent for accommodation.
Important! The purchase of the leased property is a right, not an obligation, of the tenant, which he can refuse at any time.
Potential risks
- Death of the landlord... Relatives who have entered into inheritance rights may have their own plans for the disposal of rented housing. In the event of legal proceedings, the law will be on the side of the employer (Article 617 of the Civil Code of the Russian Federation).
Article 617 of the Civil Code of the Russian Federation. Preservation of the lease agreement in force upon change of parties
- The transfer of ownership (economic management, operational management, life-long inherited possession) to the leased property to another person is not a basis for changing or terminating the lease agreement.
- In the event of the death of a citizen leasing immovable property, his rights and obligations under the lease agreement shall pass to the heir, unless otherwise provided by law or agreement.
The lessor does not have the right to refuse such an heir to enter into the contract for the remainder of its validity, except for the case when the conclusion of the contract was due to the personal qualities of the tenant.
The only way for an employer to hedge from such a nuisance - with the consent of the owner of the real estate, register in it for yourself or a close relative (ideally, a minor) so that the housing becomes unattractive as collateral for a credit institution.
Change in property value... During the lease term, square meters can rise significantly in price. In order not to incur losses, the prudent apartment owner should reflect the nuances of the increase in value in the contract or supplement the signed document with an agreement on indexing the final purchase price of housing.
Important! In the absence of a written agreement on changing the price, the claim for material compensation by the owner of the property will be unreasonable.
Documents required for registration
Drawing up and signing a lease agreement for a living space, in addition to proving the owner's identity, requires the following papers:
The registration certificate of the apartment should be updated every five years... Since there are no penalties for non-compliance with this deadline, homeowners are in no hurry to update the document. When concluding a real estate transaction, you must have an up-to-date technical passport, which can be obtained from the BTI after filling out an application and paying the fee.
Reference! The cost of an apartment is determined by agreement between the parties or on the basis of an independent assessment certificate, which is carried out by specialists from certified organizations.
Requirements for concluding a contract
From a legal point of view, the document is similar to a purchase and sale agreement (Article 609 of the Civil Code of the Russian Federation). Drawing up a written agreement is a guarantee for both parties in the fulfillment of their obligations, which gives the right, in case of violations, to challenge the transaction in court.
Article 609 of the Civil Code of the Russian Federation. Form and state registration of the lease agreement
- A lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, it must be concluded in writing.
- A lease agreement for immovable property is subject to state registration, unless otherwise provided by law.
- The property lease agreement, providing for the subsequent transfer of ownership of this property to the lessee (), is concluded in the form provided for the contract of sale of such property.
In each transaction, nuances are possible, which are reflected in the corresponding sections of the agreement between individuals for renting an apartment with the option to purchase. The rest of the items are standard:
A separate section contains information on the buyback procedure:
- the tenant's rights to purchase property;
- its agreed redemption value;
- process and conditions for the transfer of ownership.
Reference! It is permissible to formalize the listed items as an additional agreement to the main contract in order to separate the lease and subsequent sale.
In the event of a disagreement between the parties the correct drafting of the contract plays a decisive role, on its basis, the degree of guilt of the parties to the transaction is determined for their failure to fulfill their obligations. It is equally important to establish in the agreement the rights of the owner and the tenant.
In addition to the opportunity to live in an apartment, properly treat the property and make the established payment in a timely manner, by agreement of the parties, the document prescribes the tenant's priority right to extend the lease agreement, cases where third parties reside at his request (without subletting square meters), termination of the contract for prior notification of the owner.
In order to avoid unpleasant situations, a clause is made in the written agreement about the owner's inability to mortgage the apartment during the lease term, donate and burden the property in any other way.
The features of the contract between the owner of the home and the tenant intending to acquire the right to real estate are:
- Obligatory written form of drawing up.
- Certification by a notary (becomes relevant in a force majeure situation).
- A clear indication of the points related to money (payment of utilities, monthly rent, the renter's repair work in the apartment, etc.).
- No disagreement between the parties before signing the contract.
An agreement on the lease of real estate for a period of more than a year requires mandatory registration (Article 609 of the Civil Code of the Russian Federation), the moment of registration of which is not established by law.
Important! It is advisable to include a clause on home insurance in the contract, having previously concluded an appropriate agreement with the insurance company.
It is allowed to register the lease in Rosreestr first, and after the tenant pays the cost of the apartment, register the transfer of ownership of it. State registration of the transaction is provided only after the tenant has paid the full cost of the housing and the transfer of ownership of the apartment to it (Article 551 of the Civil Code of the Russian Federation).
Article 551 of the Civil Code of the Russian Federation. State registration of the transfer of ownership of real estate
- The transfer of ownership of real estate under a real estate sale agreement to the buyer is subject to state registration.
- The execution of the contract for the sale of real estate by the parties prior to state registration of the transfer of ownership is not a basis for changing their relations with third parties.
- In the event that one of the parties evades state registration of the transfer of ownership of real estate, the court has the right at the request of the other party, and in cases provided for by law Russian Federation on enforcement proceedings, also at the request of the bailiff-executor, make a decision on state registration of the transfer of ownership. A party that unreasonably evades state registration of the transfer of ownership must compensate the other party for losses caused by the delay in registration.
Features of commercial rental housing
A rental agreement with subsequent redemption is concluded between citizens, one of whom undertakes to provide the housing in his possession to the other party for living for a fee set by agreement. Obtaining by a legal entity for temporary use on a reimbursable basis is possible only under a lease agreement (Article 671 of the Civil Code of the Russian Federation).
The term of a written agreement on the commercial lease of residential premises with the option to purchase has a maximum duration of 5 years; the tenant has the right to terminate the relevant agreement at any time, notifying the apartment owner at least three months in advance. Judicial termination of the transaction is also possible in cases established by law.
An agreement on the lease of residential premises with the right to purchase can be concluded for any period of time, while for agreements for a period of more than a year, mandatory registration is provided (Article 609 of the Civil Code of the Russian Federation). The absence of an indication of the validity period in the lease agreement defines such a document as indefinite, its cancellation is possible after prior notice from the initiator at least one month in advance.
The gradual redemption of property in the process of use is not the most common type of obtaining property rights, moreover, it combines two forms of legal relations - rent and purchase and sale. The help of a lawyer will allow you to correctly draw up a contract and take into account the nuances, minimizing the risk of possible unpleasant consequences for both parties to the transaction.
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) that arise from the moment the employment agreement is signed. The agreement implies the transfer of housing by the owner to the use of the tenant with the right of subsequent purchase. The renter, in turn, undertakes to pay the owner the established amount in due time and in the proper amount.
The essence of the agreement
Risks associated with a rental agreement
Despite the many virtues of redemption, it has not been widely adopted by the population. This is due to the significant risks arising from the start of lease agreements:
- death of the lessor - may lead to the fact that his direct heirs will try to break the contract with the tenant;
- possible deposit by the landlord of the apartment as a guarantee of the payment of credit funds;
- fluctuations in the average market price of housing may cause the landlord to periodically require big side the amount of monthly payments.
Drawing up a lease agreement for an apartment with subsequent purchase
The agreement is writing... In the future, after the payment of the entire amount of the cost of housing, it will be necessary to carry out with the transfer of ownership of the property from the lessor to the tenant.
Requirements for drafting an agreement
There are a number of conditions that must be reflected in the document. These include information about:
- subjects of legal relations ();
- the duration of the contract, during which the entire value of the property is paid;
- object of agreement () - information is indicated by which the property can be identified (its area, address);
- the amount of rent and the frequency of payments;
- the cost of a residential property;
- the moment of transfer of ownership;
- conditions affecting the indexation of payments;
- the obligations of each of the parties to carry out repair work in the rented premises;
- residential property insurance;
- responsibility of each of the parties in the event of an early termination of the agreement - in this case, the amount of the penalty is indicated;
- the currency in which the rental amount is paid.
Differences from a standard lease
The main difference between a standard lease and a buy-out lease is their nature.
The standard contract provides only for the long-term (temporary) use of housing by the tenant for a fixed fee with an agreed frequency. In this case, the landlord is the owner of the property. A buyout agreement allows for a change of ownership (from landlord to tenant) after the entire value of the property has been paid in the form of an increased rent.
The procedure for concluding a lease agreement for an apartment with subsequent redemption
Execution of a lease agreement with the option to purchase:
- Collecting the necessary documentation.
- Drawing up an agreement in writing. For this you can use sample lease with subsequent purchase(you can watch and download it here :), which is provided by real estate organizations.
- If the contract was registered for the period up to one year, then after paying the entire cost of housing, you will need to contact the Rosreestr office to register the tenant's rights to the property he has purchased (). If the contract is concluded for a period over one year, then such an agreement must be registered with the Rosreestr branch without fail, otherwise it may be invalidated.
- Obtaining a statement of title to property. It is issued no later than the tenth day from the date of submission of the application for registration of the contract.
List of documents
Documents for concluding a lease agreement
To conclude apartment rental agreement with subsequent purchase,you will need to prepare a package of documents. Required documentation includes:
- Documents confirming the personalities and powers of the subjects of legal relations - passports, power of attorney (provided if the interests of one of the parties are represented by a trusted person).
- The charter of the organization, certified by a notary office and a document confirming registration as a legal entity. persons - provided if the lessor is a legal entity.
- Documents confirming the owner's rights to own the subject of the lease.
Documents for the registration of the agreement
To register a lease agreement, you will need to prepare and submit a number of documents to the Rosreestr branch:
- Application for registration of the agreement.
- Three copies of the lease agreement (one for Rosreestr, two others for the parties to the transaction).
- A receipt confirming the payment of the state fee.
- Documents confirming the authority of the lessor and tenant.
- Technical passport for the subject of the lease. The technical passport must indicate the total area of \u200b\u200bthe premises being leased.
Pros and cons of renting an apartment with subsequent redemption
Renting an apartment with subsequent purchasepossesses a number of both positive and negative aspects. The negative aspects of the lease include:
- Weak level of law enforcement practice.
- Changing the owner of a home is possible only after a long period.
- Possibility to change the initial rental conditions.
- The owner of rented housing has the right to use his property as collateral in order to attract borrowed funds issued by financial institutions - the tenant of an apartment can veto such a loan or mortgage transaction conducted by the owner only if he has a registration in rented housing.
- A tenant who does not have ownership of the property can be evicted from the apartment. Changes in the owner's financial priorities may be the reason for such actions. This factor makes a lease less profitable than a mortgage. Since the citizen who took housing in a mortgage and timely paying payments on it, there is no reason to evict from the apartment under any pretext.
- There is no specific form of agreement.
The advantages of a lease agreement with the option of subsequent purchase of housing include the following options:
- Small monthly payments. The level of such payments is significantly lower than payments on a mortgage or in installments, since the tenant does not need to pay the high interest rate of the bank. Smaller monthly payments make a foreclosure lease significantly preferable to a mortgage.
- To live in an apartment without waiting for the moment when it will be redeemed.
- Carry out repair work in the dwelling during the actual residence in it.
The most popular questions and answers to them for renting an apartment with subsequent purchase
Question: What if the owner of the property refuses to recognize the tenant's ownership of the rented property after the entire purchase price has been paid? Sergey.
Answer: Sergey, if the landlord refuses to recognize the transfer of ownership of the dwelling after the cost of the object specified in the agreement has been fully paid, then the tenant should, relying on clause 3 of Article 551 of the Civil Code of the Russian Federation, go to court with the requirement to conduct state registration of the agreement.
Example for renting an apartment with subsequent purchase
A written lease agreement has been drawn up between the owner and the tenant with the right to purchase it for 10 years... Across 1 year after the conclusion of the agreement, the tenant stopped paying the monthly payments, the amount of which is specified in the agreement. The tenant refused the request of the lessor to pay the resulting debt or vacate the rented premises.
The landlord appealed to the court with a request to judicially break the agreement, due to the fact that the other party refuses to comply. The court ruled in favor of the plaintiff and ordered the tenant to vacate the rental space and reimburse the landlord for the amount of the debt on the rent.
