The contract of gratuitous rent of housing is drawn up in writing and is subject to obligatory notarization. An additional requirement for agreements of this type is their state registration.
The contract of gratuitous rent of housing involves the transfer of residential premises in exchange for receiving rental payments permanently or until the death of the former owner of the housing. At the same time, the real estate itself is transferred free of charge, that is, no additional fee is charged for it. These provisions must be clearly reflected in the contract of gratuitous rent of housing. In addition, this agreement is associated with the disposal of a specific object of immovable property, which predetermines the need to individualize the specified object. For this purpose, the exact address of the dwelling, its area is indicated, and the floor plan of the building with the room marked on it acts as a mandatory annex to the contract.
In what form is the contract of gratuitous rent of housing concluded?
Civil law establishes special requirements for the form of the contract for the gratuitous rent of residential premises. It will not be possible to limit ourselves to the execution of this agreement in writing, since for any rent contracts the requirement of notarization is mandatory. In addition, this agreement is related to the disposal of real estate, therefore the law establishes the requirement for its state registration. Only after all these procedures have been completed, the agreement is considered concluded and becomes legally binding. If the listed requirements are not met, then the relationship between the parties actually does not arise.
What else should be stipulated in the annuity agreement
In the contract of gratuitous annuity, an indication should be made of the permanent or lifelong nature of the rental payments. In addition, the amount of the rent must be indicated, the procedure for its payment to the recipient is determined. It is also necessary to fix the gratuitous nature of the transfer of property under this agreement, since this condition is mandatory, and also affects the legal norms that govern relations between the parties. If the property is transferred free of charge (rental payments are not taken into account as redemption value), then the execution of the agreement is carried out not only on the basis of civil legislation on the rent agreement, but also on the basis of the rules applicable to the property donation agreement. In this case, the rules on donation apply only to the extent that they do not contradict the rules on the rental agreement.