What is a real estate rental agreement and what benefits does it provide to a homeowner? An annuity agreement and its types Does not belong to the varieties of an annuity agreement

Rent is a regularly received income from capital, property or land that does not require entrepreneurial activity from its recipient.

An annuity agreement is new to Russian civil law. Its legislative consolidation is due to the transition to market relations.

In accordance with paragraph I of Art. 583 Civil Code under an annuity agreement, one party (the recipient of the annuity) transfers the property to the other party (the annuity payer), and the annuity payer undertakes, in exchange for the property received, to periodically pay the annuity to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form.

Under an annuity agreement, it is allowed to establish the obligation to pay annuity indefinitely (permanent annuity) or for the life of the annuity recipient (life annuity) (Clause 2 of Article 583 of the Civil Code).

The question of whether an annuity contract can be consensual, is controversial. It seems more correct to believe that an annuity contract is always real contract, since without the actual transfer of the property to the rent payer, it makes no sense to talk about the emergence of rental relations. This agreement also applies to onerous and unilateral contracts.

The parties to the annuity agreement are the annuity recipient (rental lender) and annuity payer (rental debtor).

Rent recipients in the contract of life annuity, including in the contract of lifelong maintenance with dependents, only citizens can be. According to paragraph 1 of Art. 589 of the Civil Code, non-profit organizations are also recipients of permanent annuity, if this does not contradict the law and corresponds to the goals of their activities. The recipient of the annuity may not coincide with the person transferring the property against the payment of annuity, for example, when establishing a life annuity by one citizen in favor of another citizen or a group of citizens (clause 1.2 of article 596 of the Civil Code).

The law does not establish any restrictions on the range of possible annuity payers. Accordingly, they can be both citizens and legal entities, both commercial and non-commercial, interested in acquiring ownership of the proposed property and capable of fulfilling the condition of paying rent in exchange for it.

Question about subject an annuity agreement is controversial, but it is generally recognized that the object of this agreement can be things (both movable and immovable), cash and documentary chain papers.

The annuity contract is subject to notarial certification.

Property that is alienated against the payment of annuity may be transferred by the annuity recipient to the ownership of the annuity payer for a fee or for free.

The law pays special attention to protecting the interests of the rent recipient. Rent payments can be made in the form of cash payments (clause 1 of Art. 590, clause I of Art. 597 of the Civil Code), as well as in the form of provision of support, including ensuring the needs for housing, food, clothing, etc. (Clause I of Art. 602 of the Civil Code). The law establishes the minimum amount of life annuity (clause 2 of article 597 of the Civil Code) and the minimum cost of the total amount of maintenance with dependents (clause 2 of article 602 of the Civil Code). Regardless of the form, all rental payments must be monetary.

An essential condition of an agreement on the transfer of a sum of money or other movable property against payment of an annuity is a condition on the provision of an annuity by the payer ensuring the fulfillment of its obligations (pledge, retention of the debtor's property, surety, etc.) or insuring it in favor of the recipient of the rent of the risk of liability for non-performance or improper performance of these obligations (clause 2 of article 587 of the Civil Code).

Such a concept as "rent" arose long ago, back in the Middle Ages. Then it was the only loan option. Currently, the concept of "rent" has a slightly different meaning. It is very important for those who need financial support.

What is rent and what are its types

The term “rent” refers to additional income that is not associated with entrepreneurial activity. Moreover, it is received regularly - as interest on the loaned capital. The concept of "rent" can be defined in another way - it is the transfer of your property to a third party for payments. There are three types of it in total: lifelong, permanent and dependent maintenance.

How did the concept of "rent" appear in legislation?

What is annuity? This concept appeared only in the new Civil Code. The law was passed focusing on people who often entered into contracts that bring additional income. But in the past, the Civil Code did not have any rules regarding rent. And the government had to urgently take action and amend the legislation. Now the GC has a separate topic dedicated to her.

Rent agreement: what you need to know

According to the rent agreement, the owner of the property (the recipient of income) transfers it into the ownership of another person (the payer). At the same time, the amount is negotiated, which must be periodically paid to the owner or transferred to its content. For the annuity agreement to enter into force, the property must actually be transferred to the payer in ownership. The recipient of payments has only rights, but has no obligations. As a result, the document becomes unilaterally binding.

Life annuity can be written as dependent maintenance. The rental agreement must be certified by a notary. And the document, which provides for the alienation, must be certified by Rosreestr.

Rent, sale or donation agreement

What is rent and how is it related to the contract of sale? This is the receipt by the owner of income for the use of his property. The alienated property transferred against rent, the owner can give into the property of the payer free of charge or for an agreed amount. In the latter case, a sales contract must be drawn up. If the property is transferred free of charge, then a donation agreement is drawn up.

If the new owner transfers the property encumbered with the rent to another person, then in this case they bear subsidiary liability. By transferring his property, the recipient of the rent receives the right of pledge. For late payments, interest is accrued (for default on obligations). All interest is recorded in the annuity agreement.

Life annuity and its features

Life annuity is set for the lifetime of a person who transferred his property against payment. But the owner can indicate not only himself, but also the period of life of another person (for example, an heir). It is allowed to establish a life annuity even in favor of several people at once. But provided that their shares are equal, and the contract does not stipulate otherwise.

If one of the recipients dies, then the rest of the survivors will take the payments. This order can be specified or changed in the contract. After the last recipient dies, payments stop.

In the contract, the life annuity is prescribed in the form of funds that are paid throughout the life of the recipient. But the amount cannot be less than the minimum wage. Unless otherwise specified in the contract, the annuity is paid at the end of each month.

When the payer violates the obligations under the contract, the recipient may demand the redemption of the property legally under Art. 594 of the Civil Code of the Russian Federation. If the alienation of the property was free, then he can demand its return. Damage or destruction of property transferred in rent does not exempt the payer from the payments specified in the contract.

Permanent annuity

What is a permanent annuity? Only individuals and non-profit organizations are eligible to receive it. The rights of the recipient can be transferred to third parties by inheritance, assignment or by way of succession. Permanent annuity is paid in the amount specified in the contract. But the document may contain the payment of things, works, services. Moreover, they must correspond to a predetermined amount of rent.

The amount of payments can be increased in accordance with changes in the minimum wage. But only if the contract does not provide otherwise. Payments are made at the end of each quarter. But the annuity contract may provide for other terms as well.

The payer can refuse to pay if he acquires this property, that is, makes a ransom. For this, the recipient is notified in writing and no later than three months before the end of payments. The cost of the complete acquisition of the property must be indicated in advance in the contract. In the event that this item is not spelled out, the rent can be redeemed in an amount equal to annual payments.

If the property transferred free of charge is damaged or destroyed during the rent, the payer is liable. When transferring property for money (if damaged), the payer may demand termination of the contract or change in payments.

The difference between permanent annuity and lifetime annuity is that after the death of the recipient, the heir will receive the payment. They can be replaced with services, works or things, but equivalent to the cost of payments.

Lifetime dependent maintenance

With lifelong dependent maintenance, the transfer of property applies only to real estate. After the death of the recipient, the contract becomes invalid. The terms of the rent may include caring for the recipient, buying clothes and food, medical care, and, after death, paying for the funeral.

With this form of annuity, the owner can terminate the contract at any time if its clauses have been violated by the payer. At the same time, he will not be able to collect from the recipient the money that has already been paid earlier.

A dependent annuity is beneficial to both parties. The owner receives personal care and financial support, and the payer receives a roof over his head. The cost of maintenance with dependents is determined in the contract. It is necessary to fix the rent by a notary public, and in case of alienation of property, to go through state registration. Otherwise, the contract will be considered invalid.

But with this option of rent, there are some restrictions on the owner's rights. The payer has the right to pledge property, burden it in other ways, alienate it, but only with the consent of the owner.

Land rent

Land rent is the income received in the form of interest on a leased land plot or existing buildings on it. It can be of three types:

• absolute;
• differential;
• monopoly.

Absolute - payment of rent is made to the owner of the land, regardless of its location and fertility.

Differential - when the owner sets a fee, focusing on the quality of the land.

Monopoly land rent is the difference between the inflated and actual cost of production.

When can rent be redeemed

The annuity recipient can demand a ransom in several cases. If a:

• the payer has not paid the rent for more than a year;
• obligations to ensure payments have been violated;
• the payer has become incapacitated or there are circumstances due to which the payment of the rent will be stopped;
• the transferred property is divided between several citizens or has become a common property;
• there are other cases stipulated by the contract.

What documents are needed to terminate an annuity agreement

To terminate the contract, you need to collect all documents and certificates that indicate a violation of obligations. It is important to correctly write the statement of claim, then submit it to the court. You will need the services of a lawyer who can help the owner to return the property, and the payer - to receive the money paid if the clauses of the contract were violated through no fault of his.

Rent is one of the essential innovations of modern Russian legislation. From an economic point of view, annuity is a type of regular income that does not require the recipient to carry out labor, business or other activities, but is based directly on the property transferred into the property of the payer.

The most well-known types of rent in foreign countries and in pre-revolutionary Russia include land rent paid by the user of a land plot to the landowner, and state rent - a form of state loan without the state's obligation to return the invested capital by a certain date. In tsarist Russia, state rent brought in about 4 percent per annum.

"Rent" has at least three meanings in Russian. First, rent is the return of what is transferred. Accordingly, it means that the receipt of rent is preceded by the transfer of a certain property to the payer: in the Middle Ages it was land and some other real estate; later - various types of movable property, including money (thanks to rent in such cases, it was possible to bypass what was condemned by morality and (or) the right to receive interest). Second, rent is in principle continuous; in this regard, as a general rule, it is not limited to any deadline or, in any case, it is never one-time. Finally, thirdly, rent is not associated with entrepreneurial activity and, accordingly, it does not represent profit. Rent is generally not income received from any other activity, including those that do not fall under the characteristics of entrepreneurial activity. These signs of rent are precisely the basis of its special legal regime.

The institution of rent has been little studied in Russian civil law and under current conditions is a very relevant object for in-depth legal research. Suffice it to say that neither in the Textbook of Russian Civil Law by G.F. Shershenevich 1907, neither in the 1953 Legal Dictionary, nor in the 1984 Legal Encyclopedic Dictionary or the 1995 Legal Encyclopedia, there are no sections on rent.

In the Civil Code of the RSFSR, only two articles (Articles 253 and 254) were devoted to a question close to rent - the purchase and sale of a residential building with the condition of lifelong maintenance. However, these rules provided for more restrictions than governing rules on rental relations. The limitation on the subject was that rental (quasi-rent) relations could be established only in relation to a residential building or part of it. The subject composition of potential recipients of maintenance was limited only to persons disabled by age or state of health, and in essence, the main limitation of legal relations was that in exchange for the alienated property, these persons could only receive maintenance (provision) in kind - housing, food, care, etc. .p., but not money. At present, for citizens, all these restrictions have been lifted, and certain prohibitions apply only to legal entities and their individual varieties (clause 1 of Art. 589, Art. 596 of the Civil Code).

Within the framework of the outlined general rules on rent, the Civil Code of the Russian Federation distinguishes between three types of contract: constant annuity, annuity for life and maintenance for life with dependence.

Permanent annuity. Under this agreement, the annuity payer makes periodic monetary payments to the annuity recipient in exchange for the property transferred to him. Payment of permanent annuity is also possible in another form: the provision of things, the performance of work or the provision of services corresponding in value to the monetary amount of the annuity. The amount of the payment is set in the annuity agreement.

The recipient of permanent annuity can be citizens, as well as non-profit organizations, if this does not contradict the goals of their activities. The rights of the recipient of the annuity can be transferred by assignment of the claim (Chapter 24 of the Civil Code of the Russian Federation), as well as inherited or by way of succession during the reorganization of legal entities, unless otherwise provided by the annuity agreement.

Terms of payment of permanent annuity, as well as its size, are established in the contract, and if they are not specified, payments are made at the end of each calendar quarter. The amount of rent paid increases in proportion to the growth of the minimum wage established by the Federal Law of June 19, 2000 No. 82-FZ "On the minimum wage". These rules are accordingly applicable to cases where the rent was established not in monetary terms, but in another form.

For permanent rent, the consequences of the risk of accidental loss or damage to property transferred against the payment of rent are important. The distribution of this risk between the parties depends on whether the property was transferred free of charge or for a fee. In the first case, the rent payer bears the risk; in the second, the annuity payer has the right to demand the termination of the obligation or a change in the conditions for the payment of annuity. The issue should be resolved taking into account the real value of the transferred property and the amount of the established rent.

The law gives the parties to a permanent annuity agreement the right to redeem the annuity, and the terms of redemption are different for the payer of the annuity and its recipient.

The payer's right to redeem the rent is unconditional: this means that the contractual clause on the payer's waiver of the redemption right is null and void. However, the contract may provide that the rent cannot be redeemed during the lifetime of its recipient or within another period not exceeding 30 years. The payer must declare about the redemption of rent in writing no later than 3 months before the termination of the payment of rent (Article 592 of the Civil Code of the Russian Federation).

The right of the recipient of the rent to redeem it is limited to the cases named in Article 593 of the Civil Code of the Russian Federation. This is a violation by the payer of his obligations to pay rent, as well as the transfer of immovable property transferred against the payment of rent into common ownership or its division among several persons. The range of permitted cases of rent redemption can be extended by the concluded agreement. The redemption itself is made at the price determined by the agreement.

In other cases, when transferring property for payment, the redemption is carried out at a price corresponding to the annual amount of rent payable, and in case of free transfer of property, the redemption price, along with the annual amount of rental payments, includes the price of the transferred property, determined at the usual price for similar goods.

In Chapter 33 of the Civil Code of the Russian Federation, there are no rules on the termination of permanent rent, in addition to cases of redemption. In this matter, one should be guided by the general rules on the termination of obligations (Chapter 26 of the Civil Code of the Russian Federation), taking into account the specifics of rental relations.

Life annuity. Such annuity (as opposed to permanent) is paid only in monetary form for the period of the life of the citizen transferring the property, or for the period of the life of another citizen specified by him. It is allowed to establish a life annuity in favor of several citizens (for example, spouses), and in the event of the death of one of them, his share passes to the surviving recipients of the annuity, unless otherwise provided by the contract.

The amount of life annuity is determined by the contract and per month must be at least the minimum wage and must be indexed taking into account the inflation rate. The annuity is paid at the end of each calendar month, unless another period is specified in the annuity agreement.

Other conditions of life annuity stipulated by the Civil Code of the Russian Federation are favorable for citizens who are recipients of such annuity. Accidental loss or damage to property transferred against the payment of annuity does not relieve the payer of the obligation to pay annuity on the terms provided for by the annuity agreement concluded.

The right to redeem annuity is granted only to its recipient in case of material breach of the contract by the annuity payer, and such redemption is carried out on the same terms as the redemption of permanent annuity. In this case, the recipient of the annuity may alternatively also demand termination of the contract and compensation for damages.

Other practical situations that may arise in the framework of life annuity contracts should be resolved on the basis of general rules on obligations. In particular, in the event of the death or insolvency of the rent payer or liquidation of the legal entity, the rules of Art. 418 and 419 of the Civil Code of the Russian Federation, and the recipient of the annuity can demand the return of the property transferred to them against the payment of annuity.

Lifetime dependent maintenance. This is the most widespread and, at the same time, the most legally complex type of rent, since maintenance with a dependency requires dispositive, rather flexible rules in the law to facilitate the conclusion of such agreements.

The Civil Code of the Russian Federation contains Chapter 33 "Rent and Life Maintenance with Dependency". Its name, it would seem, allows us to conclude that the legislator recognizes each of the treaties specified in the title of the chapter as independent. Meanwhile, in this case, the most common principle for the Civil Code of the Russian Federation is applied: regardless of its name, the corresponding chapter of Section IV of the Civil Code of the Russian Federation in the form of a general rule is devoted to a certain contractual type. As applied to chapter 33, this is an annuity contract, which means that a dependent life support contract is only a variation of it.

This can be confirmed by the presence in the chapter under consideration, in addition to three special paragraphs, one common to the treaties highlighted in it. And although this paragraph is called "General provisions on rent and maintenance with dependent", each of its articles includes an indication that it regulates the contract of rent. And, moreover, in none of the articles of the specified paragraph, the contract of lifelong maintenance with a dependent is not specifically mentioned.

The conclusion on the recognition of lifelong maintenance with a dependent as a kind of rent is not contradicted by the fact that, along with its general definition (paragraph 1 of Article 583 of the Civil Code of the Russian Federation), the paragraph on lifelong maintenance with dependence (§ 4) also includes the definition of this last contract (paragraph 1 Article 601 of the Civil Code of the Russian Federation). This construction of the chapter, in which definitions of the contractual type and especially its types coexist, is very widely used in the Civil Code of the Russian Federation. An example is Chapter 30 of the Civil Code of the Russian Federation. It includes definitions of both the purchase and sale itself as a contractual type (paragraph 1 of Article 454 of the Civil Code of the Russian Federation), and generally recognized varieties of this agreement, including those in the title of which an indication of belonging to the purchase and sale does not appear at all. This refers to the definition of contracts for the supply of goods (article 506), a state contract for the supply of goods for state needs (article 526), \u200b\u200bcontracting (paragraph 1 of article 535), energy supply (paragraph 1 of article 539).

Along with the contract of lifelong maintenance with dependence, Chapter 33 of the Civil Code of the Russian Federation highlights contracts of permanent and lifelong annuity. With regard to the relationship between these two contracts, on the one hand, and the contract of lifelong maintenance with dependent, on the other, opposite views have been expressed in the literature. A number of authors recognize all three contracts as independent types of rent contracts. At the same time, others consider paid maintenance with a dependence only as a subspecies of life annuity. It seems that the latter point of view is more correct. This conclusion follows, first of all, from paragraph 2 of Article 583 of the Civil Code of the Russian Federation, which allows the establishment of the obligation constituting the corresponding agreement to pay rent only either indefinitely (permanent annuity) or for the life of the annuity recipient (life annuity). At the same time, it is expressly provided that the life annuity can be established on the basis of the life support of a dependent citizen.

The two-term division of rent was also reflected in paragraph 2 of Article 601 of the Civil Code of the Russian Federation. It stipulates that, unless otherwise provided by the rules included in it, the rules on life annuity apply to the contract of lifelong maintenance with a dependent, to which the eponymous paragraph of Chapter 33 of the Civil Code of the Russian Federation is devoted.

The basis for a rental agreement on lifelong maintenance with a dependent according to the direct instruction of Article 601 of the Civil Code of the Russian Federation is the transfer of the property to the property of the rent payer.

The main obligation of the payer of this rent is to provide its recipient with dependent maintenance, which, according to the instructions of paragraph 1 of Article 602 of the Civil Code of the Russian Federation, includes ensuring the needs for housing, food and clothing, and if the state of health of the citizen requires it, also caring for him. In addition, the contract may provide for payment by the rent payer of ritual and other services (for example, caring for pets).

The rent agreement must determine the cost of the entire volume of maintenance with a dependency, which per month cannot be less than 2 minimum wages (paragraph 2 of Article 602 of the Civil Code of the Russian Federation).

As a general rule, the annuity payer uses the property received by him for his personal (living) or economic (work, storage, etc.) purposes, taking measures to ensure that the value of the property he received does not decrease. However, he has the right to alienate, pledge or otherwise encumber immovable property transferred against rent only with the prior consent of the rent recipient (Article 604 of the Civil Code of the Russian Federation).

As in the case of a life annuity, accidental loss or damage to the transferred property does not release the annuity payer from the obligation to maintain the annuity recipient under the conditions stipulated by the concluded agreement. This rule is an important guarantee of the interests of citizens who wish to use the institution of rent.

The obligation of dependent lifelong maintenance terminates on the death of the annuity recipient. In the event of a significant violation by the annuity payer of its obligations, the annuity recipient has the right to demand the return of the property transferred against the annuity or the payment of the redemption price under the conditions established for other types of annuity. In this case, the annuity payer is not entitled to claim compensation for expenses incurred in connection with the maintenance of the annuity recipient. In a dispute regarding the materiality of the violation committed, the issue must be resolved by the court on the basis of paragraph 2 of Article 450 of the Civil Code of the Russian Federation.

Rent agreement and its types

In accordance with paragraph 1 of Art. 583 of the Civil Code of the Russian Federation under an annuity agreement, one party (the recipient of the annuity) transfers the property to the other party (the annuity payer), and the annuity payer undertakes, in exchange for the property received, to periodically pay the annuity to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form.

Unlike other income rent- this is income derived from capital, property or land, which does not require the recipients of income to engage in entrepreneurial activity.
An annuity agreement is compensated, real (consensual, when the transfer of property is carried out for a fee), aleatory (risky - each of the parties bears the risk that they may receive a reciprocal satisfaction of a smaller amount than they themselves provided).

Under the annuity agreement, the recipient of the annuity transfers the property into ownership as in the sale and purchase, and payments are made periodically, sometimes for an indefinite period of time (constant annuity), which is beneficial for the payer. The recipient of the annuity retains certain rights to the subject of the contract (security for the payment of annuity), although the property rights are transferred to the annuity payer. The guarantee of the payment of the rent is as follows:

1. in relation to immovable property that is the subject of an annuity agreement, the recipient of the annuity acquires the right of pledge to this property as security for the obligation
2. with respect to movable property, including money, which is the subject of an annuity agreement, an essential condition of the agreement is a condition that establishes the obligation of the annuity payer to provide security for the performance of his obligations or to insure in favor of the annuity recipient the risk of liability for non-performance or improper performance of these obligations. If the annuity payer fails to fulfill these obligations, as well as in case of loss of security or deterioration of its conditions due to circumstances for which the annuity recipient is not responsible, the annuity recipient has the right to terminate the annuity agreement and demand compensation for losses caused by termination of the contract (Article 587 of the Civil Code of the Russian Federation).

Parties to the contract:
- annuity recipientsin some cases there may be only citizens (life annuity and a life support contract with dependent as a kind of life annuity), non-profit organizations can also be recipients of permanent annuity.
- rent payerscan be any citizens and legal
faces.
The essential terms of the annuity agreement are the subject, amount and form of annuity. In the event that the subject of the annuity agreement is movable property, then an essential condition is the way to ensure the fulfillment of the obligation to pay annuity. The subject of the contract can be any individually defined property, under the contract of lifelong maintenance with dependents - only immovable property. The rent can be not only money, but also works, services, rights to the results of intellectual activity, etc.

The formthe rent agreement is notarized. Otherwise, the contract is null and void. If the subject of the rental agreement is real estate, then the agreement requires state registration. An annuity agreement is subject to registration as an encumbrance on immovable property.

Types of annuity agreement
Features of a permanent annuity agreement:
1) the contract of permanent annuity is of unlimited nature. Termination of the contract is possible by way of redemption at the initiative of the payer or the recipient of the rent.
The refusal of the payer of annuity from further payment by way of its redemption is valid provided that it is declared in writing not later than three months before the termination of annuity payment or for a longer period stipulated by the contract of permanent annuity. In this case, the obligation to pay the rent does not terminate until the recipient of the rent receives the entire amount of the redemption, unless a different redemption procedure is provided for by the contract.
The contract may provide that the right to redeem a permanent annuity cannot be exercised during the lifetime of the annuity recipient or for another period not exceeding thirty years from the date of the contract (Article 592 of the Civil Code of the Russian Federation).
The recipient of a permanent annuity has the right to demand the redemption of annuity by the payer in cases when:

• the annuity payer is more than one year overdue in its payment, unless otherwise provided by the contract of permanent annuity;
• the annuity payer has violated its obligation to secure the payment of annuity;
• the payer of the annuity has been declared insolvent or other circumstances have arisen that clearly indicate that the annuity will not be paid to him in the amount and within the terms established by the contract;
• immovable property transferred against the payment of rent, entered into common ownership or divided among several persons;
• in other cases stipulated by the contract (Article 593 of the Civil Code of the Russian Federation).

1. special subject composition: only citizens, as well as non-profit organizations, can be recipients of permanent rent,
2. the possibility of transferring the rights of the recipient of the rent by inheritance or as a result of reorganization, which may be prohibited by law or contract,
3. an essential condition of the contract, along with the subject, is the amount of rental payments, which can be paid not only in cash, but also in other forms. The amount of rental payments increases in proportion to the increase in the minimum wage (Art.590 of the Civil Code of the Russian Federation),
4. terms of payment of annuity: unless otherwise provided by the contract of permanent annuity, constant annuity is paid at the end of each calendar quarter (Article 591 of the Civil Code of the Russian Federation).

Features of the life annuity agreement:

1. The urgent nature of the contract, which is limited by the life span of the annuity recipient.
2. Payment of rent is possible only in cash, the amount of which cannot be less than one minimum wage (Article 597 of the Civil Code of the Russian Federation).
3. Terms of annuity payment: unless otherwise provided by a permanent annuity agreement, a permanent annuity is paid at the end of each calendar month (Article 598 of the Civil Code of the Russian Federation).
4. The risk of accidental loss of property is borne by the rent payer, while the accidental loss of property does not release the payer from obligations.

Features of the contract of lifelong maintenance with dependents.
Under the contract of lifelong maintenance with a dependent, the recipient of the annuity - the citizen transfers the residential house, apartment, land plot or other real estate belonging to him / her to the ownership of the annuity payer, who undertakes to carry out lifelong maintenance with the dependents of the citizen and (or) the third person (s) specified by him (cl. 1 article 601 of the Civil Code of the Russian Federation) .A contract of lifelong maintenance with a dependent is a type of contract of life annuity.

1. The subject of a contract of lifelong maintenance with a dependent may be only real estate,
2. Rent payments can be made in the form of meeting the needs of the recipient of the welt in housing, food, clothing, caring for him,
3. The minimum rental payment is two times the minimum wage,
4. The payer may alienate property only with the prior consent of the rent recipient,
5. The obligation of dependent lifelong maintenance terminates on the death of the annuity recipient. In the event of a significant violation by the annuity payer of its obligations, the annuity recipient has the right to demand the return of the immovable property transferred to ensure lifelong maintenance, or the payment of the redemption price to him. In this case, the annuity payer is not entitled to demand compensation for expenses incurred in connection with the maintenance of the annuity recipient.