What is annuity? Rent agreement and its types. General concepts and characteristics of an annuity agreement: positive and negative sides, pitfalls An annuity agreement is a compensated agreement

Secondly, the permanent annuity is paid in money in the amount established by the contract. The contract of permanent annuity may provide for the payment of annuity by providing things, performing work or rendering services corresponding in value to the monetary amount of annuity. At the same time, the amount of rent paid increases in proportion to the increase in the statutory minimum wage.

Third, rent redemption is possible. The payer of permanent annuity has the right to refuse further annuity payment by means of its redemption. Such a waiver is valid provided that it is declared by the annuity payer in writing not later than three months before the annuity payment is terminated or for a longer period stipulated by the permanent annuity agreement. 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 condition of the contract of permanent annuity on the refusal of the payer of the permanent annuity from the right to redeem it is void. The contract may provide that the right to redeem a permanent annuity cannot be exercised during the lifetime of the annuity recipient or within another period not exceeding thirty years from the date of the contract.

The recipient of a permanent annuity has the right to demand the redemption of annuity by the payer in cases where:

• the annuity payer is more than one year overdue in its payment, unless otherwise provided by the permanent annuity agreement;
• the annuity payer has breached 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.

Redemption of permanent annuity is carried out at the price determined by the contract of constant annuity. In the absence of a condition on the redemption price in the permanent annuity agreement, according to which the property was transferred for payment against the payment of permanent annuity, the redemption is carried out at a price corresponding to the annual amount of annuity payable. In the absence of a clause on the redemption price in the permanent annuity agreement, according to which the property was transferred against the payment of rent free of charge, the redemption price, along with the annual amount of rental payments, includes the price of the transferred property.

Life annuity

Life annuity can be established for the period of life of a citizen transferring property against payment of annuity, or for the period of life of another citizen specified by him. It is allowed to establish a life annuity in favor of several citizens, whose shares in the right to receive annuity are considered equal, unless otherwise provided by the contract for life annuity. In the event of the death of one of the annuity recipients, his share in the right to receive annuity passes to the annuity recipients who survived it, unless otherwise provided by the life annuity agreement, and in the event of the death of the last annuity recipient, the obligation to pay annuity ceases. A contract establishing a life annuity in favor of a citizen who has died by the time the contract is concluded is null and void.

Life annuity is defined in the contract as the amount of money periodically paid to the annuity recipient during his life.

With regard to the form of rent, the law allows only one, namely its payment in the form of a sum of money. The amount of life annuity is one of the essential conditions of the contract and therefore must be specified in it. When determining the amount of rent, the parties, however, cannot violate the requirement of the law that, per month, it should not be less than the minimum wage established by law. In this case, the amount of rent automatically increases simultaneously with an increase in the statutory minimum wage.

The amount of the life annuity determined in the contract, calculated per month, must not be less than the minimum wage established by law.

The law does not provide for specific terms for the payment of life annuity, it is best that the term be stipulated in the contract, and if it is not stipulated, then the life annuity is paid at the end of each calendar month.

Immovable property capable of participating in civil circulation.

The term of the contract is determined by the life expectancy of the rent recipient. During this entire period, the annuity payer is obliged to pay the annuity recipient in periodic payments. Unless otherwise provided by the contract, life annuity is paid at the end of each calendar month.

The issue of annuity termination requires special consideration. The ground for the termination of the obligation to pay a permanent annuity is the death of its recipient. During the life of the recipient of the annuity, the contract can be terminated by agreement of the parties, including by providing a compensation, by adding up the debt, and sometimes on the unilateral initiative of the recipient of the annuity.

Termination of the life annuity contract at the request of the annuity recipient is possible:

In the event of a material violation of the life annuity contract by the annuity payer, the annuity recipient has the right to demand from the annuity payer the redemption of the annuity, or termination of the contract and compensation for losses.

If an apartment, a residential building or other property is alienated free of charge against the payment of life annuity, the annuity recipient has the right, in the event of a significant violation of the contract by the annuity payer, to demand the return of this property, offsetting its value against the redemption price of the annuity.

It should be emphasized that accidental loss or accidental damage to property transferred against the payment of life annuity does not relieve the payer of annuity from the obligation to pay it on the terms stipulated by the contract. The payer of the rent does not use the right to redeem it.

Lifetime maintenance contract with dependents

The subject of the contract for lifelong maintenance with dependents consists of:

firstly, in order to ensure lifelong maintenance, only real estate can be alienated - a residential building, an apartment, a land plot, etc .;

secondly, the rent is provided not in monetary form, but in the form of ensuring the daily living needs of the recipient of the rent. The law indicates an approximate list of the obligations of the rent payer to provide maintenance - to meet the needs for housing, food, clothing, care, payment for funeral services. With a specific agreement, this list can be expanded, reduced or clarified in relation to meeting each of the needs. The law requires that the contract specifies the total cost of the entire dependent maintenance. The parties can go further and specify not only the conditions, quality, form, etc. of each type of provision, but also fix their value in value terms in the contract. The cost of the total volume of maintenance per month cannot be less than two minimum wages established by law. At the same time, there is a special indication that the contract of lifelong maintenance with a dependent may provide for the possibility of replacing the provision of maintenance with a dependent in kind by payment during the life of a citizen of periodic payments in money.

The law imposes on the payer of rent the obligation to meet the need for housing, food, clothing, etc., the recipient of the rent, as a rule, knows this person well, trusts him and has psychological contact with him. Replacing the payer of the annuity with another person may be absolutely unacceptable for the recipient of the annuity. The alienation of property transferred to ensure lifelong maintenance, as well as its pledging or other encumbrance, may be carried out only with the prior consent of the recipient of the rent.

The term of the contract is determined by its very nature and is equal to the period of the dependent's life. The frequency of the provision of content is not stipulated by law.

The obligation of dependent lifelong maintenance ends on the death of the annuity recipient. Also, the obligation can be terminated by agreement of the parties, novation, debt forgiveness, etc. The presence of a significant violation of the obligation on the part of the annuity payer gives the annuity recipient the right to unilaterally waive the annuity obligation.

The termination of the obligation of a dependent for life maintenance on this basis has two features in comparison with a similar termination of the obligation of a life annuity. First, there is a broader list of those violations of the obligations of the rent payer that should be considered significant. These additionally include alienation, pledging or other encumbrances of property transferred to ensure lifelong maintenance, without the prior consent of the rent recipient, as well as loss, damage to property or other actions (inaction) of the rent payer that lead to a significant decrease in the value of this property. Secondly, in the event of a significant violation by the annuity payer of its obligations, the annuity recipient has the right to demand either the return of the immovable property transferred to ensure lifelong maintenance, or the payment of the redemption price of the annuity. If the payer of the rent has alienated the property, then when deciding whether it can be claimed by the recipient of the rent from a third party.

This is an agreement by virtue of which one party (the recipient of the rent) transfers the property to the other party (the recipient of the rent), and the recipient of the rent undertakes, in exchange for the property received, to periodically pay the recipient of the rent in the form of a certain amount of money or provide funds for its maintenance in another form. ...

The annuity contract is: real, onerous, two-way.

Annuity payment forms:

Under a contract of permanent annuity, annuity is paid in money, but the contract may provide for the payment of annuity by providing things, performing work or providing services that correspond in value to the monetary amount of annuity.

Under a life annuity contract, annuity is paid only in money.

Under the contract of life annuity, maintenance with a dependent is the main form of payments to meet the needs for housing, food and clothing, and if the state of health of a citizen requires it, also to take care of him. Lifetime maintenance can be replaced by the payment of recurring cash payments.

Subjects. Annuity recipients can only be citizens, with the exception of permanent annuity recipients, which may also be non-profit organizations, if this does not contradict the law and the goals of their activities. There are no restrictions on the subject composition of rent payers.

Life annuity can be established in favor of several citizens, their shares in the right to receive rent are considered equal. In the event of the death of one of the annuity recipients, his share in the right to annuity passes to the survivors of his annuity recipient.

The form. The annuity contract is subject to notarial certification, and an agreement providing for the alienation of immovable property against payment of rent is also subject to state registration.

Subjectpermanent and life annuity contracts are both movable and immovable property. The subject of the contract life annuity dependent may be only real estate.

Essential condition - the obligation of the rent payer to provide security for the fulfillment of his obligations or to insure in favor of the rent recipient the risk of liability for non-fulfillment or improper fulfillment of these obligations.

Obligation of the annuity recipient:

1. Alienation of property intended for the payment of rent.

2. The risk of accidental death shall be borne by the annuity payer.

Obligation of the annuity payer:

1. Payment of rent

1. The payer has the right to alienate, mortgage or otherwise encumber immovable property. Only with the prior consent of the rent recipient.

Types of annuity agreement:

1. Permanent annuity - an agreement of the parties concluded indefinitely according to which one party (the recipient of the rent) transfers the property to the other party (the payer of the rent), and the payer of the rent undertakes to periodically pay the rent in the form of a certain amount of money or provide funds for its maintenance in a different form.

2. Life annuity - is established for the period of life of a citizen who transfers property against payment of rent.

3. Life-long maintenance of a dependent citizen - agreement of the parties according to which one party (the recipient of the annuity) transfers to the other party (the payer of the annuity) the ownership of immovable property, and the payer of the annuity undertakes to carry out lifelong maintenance depending on the recipient of the annuity.

Annuity agreement occurs when one party (the recipient of the rent) transfers the property to the other party (the payer of the rent), and the payer of the rent undertakes, in exchange for the property received, to periodically pay the rent to the recipient in the form of a certain amount of money or provide funds for its maintenance in another form.

Conditions, details and other information to be included in the rent agreement:

• name and number of the contract;
• date and place of conclusion of the contract;
• details of the parties (representatives of the parties);
• the subject of the contract (the exact definition of the transferred property);
• the amount of the rent;
• deadlines for the parties to fulfill their obligations;
• the procedure for the transfer of ownership;
• distribution of risks between the parties;
• warranty obligations;
• insurance of the subject of the contract;
• rights and obligations of the parties;
• responsibility of the parties;
• release of the parties from liability;
• actions of the parties and consequences in case of force majeure;
• the procedure for resolving disputes between the parties;
• terms of termination of the contract;
• information about annexes to the contract, etc.

An annuity agreement is concluded in writing and is subject to notarization, and an agreement providing for the alienation of immovable property against the payment of annuity is also subject to state registration.

The essential terms of the annuity agreement are:

• subject of the contract - property to be transferred into ownership;
• rent payment;
• ensuring the payment of rent.

Additional terms of the annuity agreement are:

• a condition on the onerous or gratuitous alienation of property against payment of rent (the procedure for the transfer and acceptance of property under an annuity agreement);
• the moment of transfer of ownership;
• and other additional conditions, depending on the type of rental agreement.

The parties to the annuity agreement are:

• annuity recipient - individuals (if property is transferred in permanent annuity, non-profit organizations can also be recipients);
• annuity payer - legal entity individuals and legal entities.

Types of rent agreement:

• permanent annuity - provides for the obligation to pay annuity indefinitely;
• annuity for life - provides for the obligation to pay annuity during the life of the annuity recipient;
• lifelong maintenance with dependent - provides for the obligation to pay rent on the terms of lifelong maintenance of a dependent citizen.

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

When a land plot or other immovable property is transferred against payment of rent, the recipient of the rent acquires the right of pledge to this property as security for the obligation of the rent payer.

An essential condition of an agreement providing for the transfer of a sum of money or other movable property against payment of annuity is a condition that establishes the obligation of the annuity payer to provide security for the fulfillment 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 the obligations provided for in paragraph 2 of this article, as well as in the event of a 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 contract and demand compensation for losses caused by the termination of the contract.

Property that is alienated against the payment of annuity can be transferred by the annuity recipient into the ownership of the annuity payer for a fee (in this case, the rules on buying and selling insofar as it does not contradict the essence of the rent agreement) or free of charge (in this case, the rules of the agreement apply to the relations of the parties donations insofar as it does not contradict the essence of the rent contract).

The annuity contract is assumed to be real (i.e. the payer of the annuity becomes the owner of the property transferred under the annuity contract upon the conclusion of the contract), unless otherwise provided by law or contract.

Rent burdens a land plot, enterprise, building, structure or other immovable property transferred against its payment. In the event that such property is alienated by the rent payer, his obligations under the rent contract are transferred to the purchaser of the property.

A person who has transferred the immovable property encumbered with the rent into the ownership of another person shall bear subsidiary liability with him for the claims of the recipient of the rent arising in connection with the violation of the rent agreement, unless joint and several liability for this obligation is provided for by law or agreement.

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 a permanent one) 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 a different 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 the rent is granted only to its recipient in the event of a 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 death or insolvency of the rent payer or liquidation of a 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 agreements indicated 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 contracts 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 annuity. And, moreover, in none of the articles of this 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 a dependent (§ 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 dependent, Chapter 33 of the Civil Code of the Russian Federation highlights contracts of permanent and lifelong annuity. Regarding 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 terms of the life maintenance 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 support, which, according to 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 specify 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 (residence) or economic (work, storage, etc.) purposes, taking measures to ensure that the value of the property received by him 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 ends 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 case of 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.

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 before, there were no rules in the Civil Code regarding rent. And the government had to urgently take action and amend the legislation. Now the GC has a separate topic dedicated to her.

An annuity 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 contracts

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 for free or for a specified 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 rent 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 annuity for life 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 may 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 may pass to third parties by inheritance, assignment or by succession. Permanent annuity is paid in the amount specified in the contract. But the document may state 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 otherwise is not stipulated in the contract. Payments are made at the end of each quarter. But the annuity contract may provide for other terms as well.

The payer may 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 full acquisition of the property must be indicated in advance in the contract. In the case when 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 it is damaged), the payer may demand termination of the contract or change in payments.

The difference between permanent annuity and life 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. Annuities may include caring for the recipient, buying clothes and food, medical care, and, after death, paying for a 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 register 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 rights of the owner. 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 the leased land 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 the 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 the 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.