Sample. Lifetime annuity agreement in favor of several citizens

How to draw up an agreement

In fact, a transaction with a lifetime annuity is no different from the usual purchase and sale of an apartment - in the same way it is subject to mandatory registration, in the same way the buyer is issued a certificate of ownership. Only in the encumbrances column will it be indicated that we are talking specifically about rent.

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But the contract form on the basis of which the transaction is concluded must be certified by a notary. There is no clear wording for this - the head of the agreement may include the words “lifetime annuity”, or “purchase and sale with lifelong maintenance”, or “lifetime dependency”.

Medical examination

For a complete guarantee, it would not hurt to invite a doctor along with the notary, who will additionally confirm the mental capacity of the seller. It is better to do this a couple of days before concluding the contract - the “fresh” the medical report is, the more reliably the buyer will insure himself against legal disputes on this matter.

Price

The price of notarization of a rental agreement is calculated as the price of any transaction with the transfer of rights - this is about one and a half percent of the cost of the apartment. True, the premium for notary services is sometimes no less, or even more than the official cost - this is also worth taking into account.

The cost of the apartment indicated in the contract form can be either inventory or market.

Rental conditions: what you need to pay attention to

The main condition of the annuity is only one - the maintenance of its recipient. That is, a certain set amount of money that the buyer will pay monthly, or a set of products, or both. Depending on the situation, medications and doctor services may also be negotiated.

Sometimes the terms of the transaction indicate that the amount of money may increase in proportion to the level of inflation. On the one hand, this is logical - money depreciates over time, and this way the seller provides himself with a stable income, no matter what the situation is with the economy.

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But on the other hand, in this case the buyer is at risk - after all, inflation rates from different sources may vary. Therefore, when signing an agreement with such a clause, you need to firmly agree on where the numbers will come from.

Responsibility is the key to peace of mind

A life annuity is a source of eternal anxiety for the buyer, because as long as the seller is alive, the deal can be terminated at any time. A pensioner may “change his mind”, or his relatives will decide to compete for living space - and the courts in such cases rarely side with the buyer.

However, to terminate a life annuity agreement in court, at least some reason is necessary, which means that the buyer can protect himself by carefully and on time observing all the terms of the transaction.

Payments to the annuity recipient must be made continuously, without delay, in the full amount specified in the contract. Any receipts - for food, for medicine, for specialist services - must be kept in order to be presented in court if necessary. It is better to transfer the money to a savings book, and if the pensioner wants to receive it in hand, ask for a receipt.

Such “mistrusting” relationships can be unpleasant. But it is worth remembering that in a life annuity transaction, either party can suffer from fraud, because old age is not always synonymous with honesty and wisdom.

Lifetime annuity from the seller

However, while the buyer in a life annuity contract is risking his money and time, the seller has much more at stake: his life. It's no secret that people are capable of doing the most desperate things for the sake of housing.

Therefore, when deciding to conclude a deal, pensioners usually choose a buyer “from among their own” - some old and good friend. And even taking this into account, the percentage of such operations on the market is small - only about 1.5%.

Lifetime annuity agreement

Lifetime annuity AGREEMENT No.

g.
"" g.

Citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the “
Rent Recipient
,” on the one hand, and citizen, passport (series, number, issued), residing at the address, hereinafter referred to as the “
Rent Payer
” , on the other hand, hereinafter referred to as the “
Parties
”, have entered into this agreement, hereinafter the “Agreement”, as follows:

SUBJECT OF THE AGREEMENT

1.1. The parties undertake to enter into a future life annuity agreement (hereinafter referred to as the “Main Agreement”), the terms of which the parties determine in this preliminary Agreement.

1.2. The main Agreement will be concluded by the parties within days after the privatization by the Rental Recipient of apartment No. located at the address: , and the registration of a certificate of ownership on this basis by the authorized body.

BASIC TERMS OF THE BASIC AGREEMENT

2.1. The rent recipient transfers to the rent payer the ownership of a room apartment with a total area of sq.m., a living area of sq.m., located at the address: , hereinafter referred to as the “premises”, and the rent payer, in exchange for the received premises, undertakes to pay the rent recipient a lifelong annuity , and also provides the Rent Recipient with the right to lifelong residence in the transferred premises. Lifetime rent in this Agreement means the payment during the life of the Rent Recipient of periodic payments in money in the amount established in this Agreement.

2.2. The characteristics of the transferred premises are in accordance with certificate No. dated "" of the year, which is an integral part of this agreement.

2.3. Lifetime annuity is established in the form of monthly payments in the amount of rubles.

2.4. For the period of validity of the Main Agreement, the rent payer is obliged to:

provide the Rent Recipient with the premises specified in clause 2.1 of the Agreement for living for the period of the Rent Recipient's life;
monthly, no later than the date of the month, pay the annuity recipient a life annuity in the amount specified in clause 2.3 of the Agreement.

2.4.1. For the period of validity of this preliminary Agreement, the rent payer undertakes to take all necessary actions for the privatization of the apartment specified in clause 2.1 of the Agreement.

2.5. The annuity recipient under the Main Agreement is obliged to:

transfer the apartment under the terms of clause 2.1 of the Agreement no later than “” after the conclusion of the Main Agreement.

2.5.1. The annuity recipient under this preliminary Agreement undertakes:

not to register (permanently, temporarily) any citizens in the apartment specified in clause 2.1 for any reason;
issue to the Rent Payer, as well as to the citizens indicated by the Rent Payer, the necessary documents and powers of attorney for the Rent Payer to fulfill its obligations specified in clause 2.4.1 of this Agreement;
provide the Rent Payer with other necessary assistance in fulfilling his obligations provided for in clause 2.4.1 of this Agreement.

2.6. The rent recipient, in order to secure the obligations of the rent payer under the Main Agreement, receives the right of pledge on the transferred premises.

2.7. All expenses for state registration and notarization of the Rent Agreement and transactions provided for by this Agreement, state registration of rights to real estate transferred under this Agreement are charged to or reimbursed by the Rent Payer.

2.8. The risk of accidental destruction of the premises transferred by the Rent Recipient lies with the Rent Payer. In case of accidental destruction of the apartment, all obligations of the Rent Payer are preserved.

2.9. The party that fails to fulfill or improperly fulfills its obligations under this Agreement is obliged to compensate the other party for losses caused by such failure.

2.10. In the event of a significant violation of the Agreement by the Rent Payer, the Rent Recipient has the right to demand redemption of the annuity or termination of the Agreement and compensation for losses. A significant violation of the Agreement is recognized as:

delay by the Rent Payer in paying rent for more than one year (other period).

2.11. A life annuity agreement is subject to mandatory registration and notarization.

RESPONSIBILITY OF THE PARTIES

3.1. If one of the parties evades concluding the main Agreement (clause 1.1) provided for in this Agreement, the evading party will have to compensate the bona fide party for losses caused by such evasion.

3.2. If one of the parties avoids concluding the Main Agreement, the other party, by virtue of clause 4 of Art. 445 of the Civil Code of the Russian Federation, has the right to go to court with a demand to compel the conclusion of an agreement.

3.3. If the Rent Recipient, in violation of the obligation provided for in clause 2.5.1 of the Agreement, registers any citizen for any reason in the apartment specified in clause 2.1 of this Agreement, the Rent Payer acquires the right to refuse to conclude the Basic Agreement, and the Rent Recipient is obliged will reimburse the Rent Payer for all expenses incurred in fulfilling the terms of this Agreement, as well as pay a fine in the amount of rubles.

DISPUTE RESOLUTION

4.1. All disputes and disagreements that may arise between the parties on issues that are not resolved in the text of this Agreement will be resolved through negotiations based on the current legislation of the Russian Federation.

4.2. If controversial issues are not resolved during negotiations, the disputes are resolved in court in the manner established by the current legislation of the Russian Federation.

FINAL PROVISIONS

5.1. This Agreement is subject to notarization and state registration in the manner prescribed by law and comes into force from the moment of state registration.

5.2. This Agreement is drawn up in 4 copies, one copy for each party, one copy is kept in the notary’s files and one copy for the registering authority. Each copy of the Agreement has equal legal force.

ADDRESSES AND PAYMENT DETAILS OF THE PARTIES

Annuity recipient

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

Rent payer

Registration address:
Mailing address:
Phone fax:
Passport series, number:
Issued by:
When issued:
Signature:

Apartment rent agreement: sample

A sample agreement is here.

RENTAL AGREEMENT No. 255

Tyumen August 28, 2021

The non-profit organization "Your Home" represented by the head of the organization Andrey Sergeevich Malyshev, acting on the basis of the Regulations, hereinafter referred to as the "Rent Recipient", on the one hand, and Tekhnomir LLC, represented by the director Sergey Sergeevich Pavlov, acting on the basis of the Charter of the LLC, referred to hereinafter the “Rent Payer”, on the other hand, hereinafter referred to as the “Parties”, have entered into this agreement, hereinafter the “Agreement”, as follows:

1. Under this agreement, the Rent Recipient transfers to the Rent Payer for a fee in the amount of 3,000,000 (three million) rubles the ownership of apartment No. 4 of building No. 10 on the street. Republic, Tyumen, hereinafter referred to as “property”, no later than September 28, 2021, and the Rent Payer assumes an obligation in exchange for the received property, apartment No. 4, building No. 10 on the street. Republic, Tyumen to pay rent to the Recipient indefinitely in the form of the following sum of money: 300,000 (three hundred thousand) rubles, hereinafter referred to as “rent payments”.

2. The parties agreed to increase rental payments in proportion to the increase in the minimum wage established by law.

3. The parties agreed that the right to repurchase the permanent annuity paid under this agreement cannot be exercised during the life of the Rent Recipient, except for the cases provided for in subparagraph. 5.2 of this agreement.

4. The rent payer undertakes to provide the following security for its obligations under this agreement: property collateral.

5. The annuity recipient has the right:

Transfer your rights to receive rent by inheritance.
Demand the repurchase of the rent by the Payer in cases where:
The rent payer is overdue for more than one year;
The rent payer has breached its obligations to ensure payment of the rent;
The rent payer has been declared insolvent or other circumstances have arisen that clearly indicate that the rent will not be paid by him in the amount and within the time frame established by this agreement.

6. The parties agreed that the redemption of rent in the cases provided for in subparagraph. 5.2 of this agreement will be produced at the following price: 3,500,000 (three million five hundred thousand) rubles.

7. For late payment of rent, the Rent Payer shall pay the Rent Recipient the interest provided for in Article 395 of the Civil Code of the Russian Federation.

8. The risk of accidental loss or accidental damage to property transferred for rent payment is borne by the Rent Payer.

9. This agreement comes into force from the moment of its notarization (state registration) and will be valid, as follows from clause 1 of this agreement, indefinitely.

10. Costs associated with notarization (state registration) of the agreement are paid at the expense of the Rent Payer.

11. The agreement is concluded in three copies.

LEGAL ADDRESSES AND DETAILS OF THE PARTIES

Annuity recipient

Legal address: 288098, Tyumen, st. Klara Zetkin, 15;
Postal address: 288098, Tyumen, st. Klara Zetkin, 15;
Phone fax;
INN/KPP: 6674654654/776456878;
Current account: 88799898009899998889;
Bank: CB "Rosbusinessbank";
Correspondent account: 88847748594848994736;
BIC: 7774995;
Signature: ____________________A.S. Malyshev

Rent payer

Legal address: 288096, Tyumen, st. International, 19;
Postal address: 288098, Tyumen, st. International, 19;
Phone fax;
INN/KPP: 7748475647/758898575;
Current account: 66488477476647658476;
Bank: CB "Rosbusinessbank";
Correspondent account: 99484799786746574658;
BIC: 5536487;
Signature: ______________________S.S. Pavlov

An annuity agreement with lifetime maintenance.

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How to draw up an annuity agreement with lifelong maintenance, read the link: