A life-long maintenance agreement is an agreement according to which the recipient of such content transfers the immovable property belonging to him on the right of ownership (an apartment, an individual house, a land plot, etc.) into the property of the payer. The latter, in turn, undertakes to carry out lifelong maintenance of this citizen, or a third party specified in the contract.
Instructions
Step 1
Lifetime maintenance, along with permanent annuity and life annuity, is a subspecies of an annuity contract. The rules that should be guided by when drawing up this agreement are regulated in a separate chapter of the Civil Code of the Russian Federation. So, to conclude this type of contract, agree on all its essential conditions. In this case, it will be the specification of the item to be transferred to the rent payer and the amount of rental payments.
Step 2
If the subject to be transferred under the contract is real estate, then be sure to indicate its exact location, as well as the fact that after the conclusion of the contract it becomes the property of the rent payer. Otherwise, the payer finds himself in a situation where he will be forced to pay rental payments before the end of the contract, without having the ability to own, use and dispose of the subject of the contract. Set the amount of rental payments in the form of a clearly defined amount of money. This will significantly simplify the procedure for settlements between the parties. Remember that it cannot be less than the statutory minimum wage. In accordance with the federal law "On the minimum wage" from June 1, 2011 it is 4611 rubles.
Step 3
The term of the contract for life annuity is limited by the period of life of the citizen who transferred his property against the payment of annuity, or by the period of life of another person specified in the contract. The law allows the establishment of rent in relation to several citizens. In this case, the term of the contract is limited to the period of life of the last of the recipients of the annuity. Failure to mention the recipient of the rent entails the invalidity of the contract. Therefore, to avoid disputes, clearly indicate the details of the recipient of the rent.
Step 4
The conditions governing the relationship between the parties in case of violation of the terms of the contract are also important. Include in the text a condition on the payment of a forfeit in case of refusal, or late transfer of the subject of the contract. In turn, the recipient of the annuity has the right to demand the redemption of the annuity if the payer violates the procedure for the payment of annuity payments. Rent redemption is carried out by a lump sum payment of a sum of money agreed by the parties (taking into account the rental payments already transferred), after which the contract for life maintenance is terminated, and the subject of the contract remains in the ownership of the annuity payer.
Step 5
After agreeing on all the necessary conditions, feel free to conclude an agreement. It must be drawn up in writing and is subject to notarization, and an agreement that provides for the alienation of real estate against payment of rent also requires state registration.
