Prices on the real estate market, despite government assistance and offers from the banking sector, remain unaffordable for many citizens. However, not everyone can come to terms with this situation, especially if we are not talking about a comfortable life in a separate apartment, but about the choice between the street and hostels. At the same time, there is a considerable part of elderly people who lack something completely different - basic help with housework, attention and care. Both problems can be solved with the right of inheritance of housing in accordance with the contract. Such offers are increasingly found in advertisements for the sale of real estate, both from housing applicants and from elderly people who need support and attention.

Lifetime annuity agreement

Providing assistance in exchange for housing - such a scheme for transferring real estate has the features of In this format, agreements are concluded between persons interested in receiving real estate and old people counting on assistance in maintenance. In such cases, the annuity agreement regulates the conditions under which care for elderly people with the right to inherit housing is provided, as well as the parameters for the transfer of the property. Content in such agreements, rather, involves financial payments - that is, rent. The payer must regularly pay an amount not less than the subsistence minimum. Typically, payments are made every month.

After the death of the annuity recipient, the property acting in this case becomes the property of the payer. Again, caring for elderly people for an apartment is not always the only and main requirement for a person who plans to assume the rights of an heir. Most often, risks and disputes arise due to violations of financial obligations.

Features of a lifelong maintenance agreement

In addition, there is another contract format that is more suitable for those who plan to care for a grandmother or a pensioner for housing. In this case, care and concern for the elderly person is provided. That is, it is not obligatory to pay rent, but, for example, to go grocery shopping, buy clothes, prepare food, help with treatment and around the house. These are the main conditions under which lifelong maintenance for the apartment of a grandmother or an old man is implemented. The list of requirements may vary - for example, it often includes paying utility bills, performing regular cleaning, etc.

Parties to the agreement

Although most often the annuity recipient is one person, this party may be represented by several persons. And it is not at all necessary that they will live in an apartment. It is important that the property will pass to the payer only after the death of all shareholders. In this case, annuity recipients can be represented exclusively by individuals. In turn, the person caring for elderly people for an apartment can be an individual or a legal entity. If the owner of the property, that is, the recipient of the rent, died by the time the contract was concluded, then the document will be considered invalid. This is one of the tricks used by life annuity scammers.

How is the contract concluded?

Transactions of this type are very individual, so there are no general rules for drawing up a document. And yet, lawyers advise paying special attention to some points. The most important thing is the conditions under which the future heir will provide care for the elderly for the apartment. That is, all needs should be calculated in detail and formulated in a document. As already noted, this could be the supply of food, the purchase of medicines, help with housework, etc. Also, you should not limit yourself to current needs - perhaps in the future there will be a need to repair or install new equipment. All this must be specified in the contract, as well as the amount of utility bills.

Next, the property owner must collect all documents for housing, including a certificate of cadastral value, the number of residents and a registration certificate. To prevent people who plan to care for the elderly in an apartment from challenging the contract in the future, it would be a good idea to undergo an examination by a psychiatrist and obtain a certificate. With this set of documents, you can go to a notary and draw up an agreement.

Encumbrance of an apartment

After the transaction is completed, the heir is issued ownership documents. But it should be borne in mind that full ownership of the property will begin only after the death of the current owner. This means that during the period the rent is valid, the payer must comply with the terms of the contract in the form of assistance to the old man, and the apartment receives an encumbrance. When care for a pensioner is terminated in exchange for an apartment due to the death of the owner, the encumbrance is also removed. For the new property owner, this means that he can dispose of the property at his own discretion without legal restrictions. But, again, there may be several recipients of the annuity, so the death of one of them does not imply the removal of the encumbrance.

How can a contract be terminated?

Typically, such agreements are terminated by mutual consent or through the courts. There are not many grounds for termination - it is either failure to fulfill the terms of the contract, or the recognition of the property owner as incompetent. By the way, for this reason, lawyers recommend that old people undergo a medical examination and obtain a certificate from a psychiatrist. This is necessary so that fraudsters do not have the opportunity to present the contract as invalid. Often caring for elderly people in an apartment is carried out with obvious violations. However, unilateral termination is not possible in every case. The law does not clearly define what violations must be in order for the owner to terminate it. As practice shows, judicial authorities meet the elderly halfway in cases where payers do not make monthly payments, make them with long delays, or do not fulfill other clauses of the contract. In the event of termination of the contract, the heir is deprived of property rights, and all costs that he incurred under the contract are not compensated.

Benefits for retirees

Transferring a piece of real estate to a stranger and living with him in your home would seem to be a desperate step for any person, and especially for a frail pensioner. Still, there is a lot of useful information in such schemes. Of course, first of all, this means maintaining order, helping with the housework, and also getting rid of financial difficulties. This is why apartment-based care for the elderly is so popular today in Europe and is spreading in Russia. It saves an elderly person from a lot of hassle and gives him the opportunity to live his last years with dignity if there are no loved ones nearby. Another thing is that everything depends on the individual person. There are many offers from honest and responsible young couples who want to provide help to the elderly in exchange for housing, but there are also scammers who expect to get someone else’s property in a short time.

Risks for pensioners

In most cases, suspicious actions of people wishing to inherit an inheritance are revealed in the first stages. Lack of regular payments, improper performance of other duties and simply rude treatment - all this, to one degree or another, can become a reason for terminating the contract. But there are higher risks that may come with being cared for by a stranger. There have been cases when scammers made attempts on the lives of pensioners in order to make a quick profit. Fortunately, law enforcement agencies took appropriate measures in a timely manner, so a tragedy was avoided. There are also more common situations when new heirs evict grandparents from their own apartments into nursing homes. But if the agreement does not provide for such actions, then future owners do not have any rights to forcibly evict the owner.

Risks for the rent payer

Oddly enough, rent payers incur no less risks. First of all, you should calculate your financial capabilities. Delays in rent payments occur not only due to malicious intent, but also due to the lack of such opportunities. This is not necessarily related to the payment of rent - the cost of medicine, buying groceries and simply providing assistance with a loss of time often results in monetary expenses. However, caring for an apartment often includes paying rent and utilities. There are cases when old people themselves refuse such help, after which they rush to court to terminate the contract. It is worth remembering that if such a claim is satisfied, all previous expenses will not be returned, and the inheritance will lose its relevance. It is very simple to insure against such situations - just keep a journal indicating payments and signatures of the owner.

Social protection for homeowners

For old people who do not dare to resort to the services of strangers and then transfer their real estate to them, the state provides social assistance. In this case, social protection authorities will provide care for the elderly in an apartment, and the property will in the future be transferred to the local administration's housing stock. Such services are actively spreading in large cities, relieving single pensioners from risky transactions.

Conclusion

Despite all the risks, the model of such an agreement itself is very attractive for both parties. In its pure form, it guarantees old people care and financial support until their death, and rent payers - real estate, the costs of which are not comparable to market prices. True, here everything depends on how long the heir will provide care for the elderly for the apartment. The fact is that costs can increase over time, complicating the financial situation of the payer. There are many other nuances. For example, after death, relatives of a pensioner may appear who will insist on the old man’s incapacity at the time of signing the contract. But, again, a well-drafted contract, which also contains a certificate from doctors, will allow you to avoid proceedings of this kind.

Agreement with the right to rent real estate has both positive and negative sides.

Currently, modern society does not clearly relate to this type of activity:

• They consider working in the service sector as an increased level of commercialism and the opportunity to profit from helpless old people.
• A positive factor is the availability of decent care and concern for an elderly person and the acquisition of their own housing for a family in need.

A distinctive feature is mutually beneficial cooperation between both parties.

In order to formalize the necessary documentation, it is worth using legal services.

The best option is:

1. Donation agreement. In this case, a clause can be written in the deed of gift, which will indicate that the property will pass into ownership in connection with the death of the originator.
2. Will, which is drawn up in a notary's office.

The document must include the following provisions:

• Period of taking ownership.
• Conditions for keeping the donor.
• Presence or absence of experience in the medical field.
• Grounds for terminating the contract.

As an option, it is worth considering a rent agreement, which specifies the amount of the monthly payment in a certain amount. The document also states that the originator transfers his property for free use or sells it for a minimum amount.

The features of such an agreement are:

• There is no need to make a will.
• The owner's place of residence remains in the same place.
• Household ownership is re-registered to the renter.
• The document is a simplified version in which all points are written down by the compiler.

Lifetime maintenance agreement complicates the process of canceling the annuity, since it is difficult to prove the unscrupulous attitude of the renter towards the compiler.

In order to prepare documentation for the inspection of a person with the right of inheritance, it is worth considering the following options:

1. Lifetime maintenance agreement and annuity agreement.

Rent refers to the process of transferring ownership of property between the annuitant and the lessor. In this case, the rent payer undertakes to pay rent in cash or in the provision of certain services within an agreed period of time.

A distinctive feature is the content of the drafter of the contract:

• An annuity contract requires a monthly payment of a certain amount of money.
• The contract provides for the maintenance of the annuitant in the form of food, clothing, care and care.

For the best result, it is necessary to carefully write down all the clauses of the contract, indicating all the necessary conditions:

• Date and amount of annuity payment.
• Conditions of care.
• Type of controlled activity.

Important: In order to defend your rights in court, it is necessary to spell out the responsibilities of both parties in as much detail as possible.

2. Sales and purchase agreement.

This agreement is drawn up with a clause stating that the originator will reside in the household for life. The negative is the fact that the owner of the home has the right to dispose of the property at his own discretion.

3. Donation agreement.

Legal norms consider a deed of gift for a house as one of the types of gift agreement. To complete it, the consent of the donor is required. The donation process takes place free of charge, with the donor giving tangible property to the person for whom the contract is being drawn up.

Features of the deed of gift:

• Drawing up a contract will not take much time and effort.
• Standard documentation, which includes a deed of gift, certificate of ownership, house register, written agreement of other family members.
• A deed of gift can serve as a transaction on a reimbursable basis.
• The deed of gift comes into force after the document is signed, after which ownership of the property is transferred to the donee. This fact reduces the risk of loss of property due to the death of the originator.
• The property belongs only to the person in whose favor the contract is drawn up and is its sole owner.
• If necessary, the gift agreement can be canceled.

4. Will.

A will is drawn up in favor of the donee after reaching the age of majority and will come into force 6 months after the death of the drafting party. The will has a deferred effect.

In order to draw up the necessary document, you must have the following list of documents with you:

• Identity document, passport (original and copy).
• Taxpayer identification number (original and copy).
• A notarized certificate that confirms the process of donation, in writing of an arbitrary or established type.
• Certificate registered with a government agency.
• Receipt for payment of state duty.
• A statement that is written by both parties.
• Cadastral certificate of property.

Caring for an elderly person with the right to inherit their home

The life annuity agreement must indicate the required care for the elderly person:

1. Providing food.
2. Providing clothing and shoes.
3. Provision of medicines.
4. Payment of utilities.
5. Providing medical care.
6. Residential cleaning.

The best option is to indicate the most complete list of services. This is due to the fact that changes to the contract are impossible. For example, if an elderly person does not provide a medical care facility and becomes seriously ill, the landlord is not obligated to provide this service.

When drawing up an annuity agreement, you should consult with a highly qualified specialist, which will help create the most complete list of necessary services for an elderly person and reduce the risk of dishonest behavior on both sides.

How to properly screen an elderly person for the right to inherit a home?

When drawing up a contract for screening an elderly person, it is necessary to specify the entire list of services that an elderly pensioner needs.

In order to properly organize life and living conditions, it is necessary to consider the following provisions necessary for an elderly person:

• Healthy eating.
• Optimal weight range for a certain height and age.
• The required number of hours allocated for sleep.
• Adopting healthy habits.
• Organization of the daily routine.
• Walking and active recreation.

When these rules are included, human life will acquire new colors. For more complete content, it is worth finding a common language, since many older people need not only proper care, but also communication.

How risky is this venture?

Currently, such an activity as screening an elderly person is gaining popularity. This event is risky both for the pensioner and for the person who decides to provide care.

The risk for an older person is that not all people are conscientious in fulfilling their responsibilities. There is also a high level of probability of coming across scammers and dishonest people, the number of which is only growing every year. Many people strive for easy prey and consider this option the most profitable.

The level of risk is also high for the person who examines the old man. Many elderly people suffer from severe forms of diseases that affect the level of brain activity.

In this regard, the likelihood of unfair execution of the contract increases. The downside is the fact that if the annuity recipient wants to terminate the agreement, the court, most often, takes the side of the elderly person.

Where and how to find an elderly person to look after him?

Currently, caring for the elderly is gaining popularity. But regardless of this, an agreement with the right of inheritance is concluded not so often. This is due to the high level of fraud.

The most common renters are:

1. State. This option is most practical for older people, since the government guarantees minimal but constant care.
2. Most often, strangers or distant relatives act as renters. who lay claim to the property.
3. As an option, some people consider the services of companies who are looking for a suitable candidate. The method is unprofitable, since the company takes a large percentage for its activities.

Caring for an elderly person for an apartment - a freebie or hard work?

In order to ensure that care for an elderly person does not remain poorly paid, it is worth describing in detail all the clauses of the contract.

Chapter 33 of the Civil Code of the Russian Federation examines in more detail all the conditions necessary for the reliability of payment for one’s activities:

• Basic provisions of the agreement.
• The structure of the contract.
• Property restrictions.
• Payment method.
• Conditions for late payment of rent.

Conclusion of a notarized lifelong maintenance agreement

In order to avoid lawsuits, it is necessary to draw up a contract correctly.

The contract specifies the following information:

• Last name, first name, patronymic.
• Date of birth.
• Details and identification document, passport.
• Registration address of actual place of residence.

The annuity agreement consists of the following provisions:

1. Subject of the agreement.

The subject is considered to be rent, which is transferred into the ownership of the renter. It is necessary to have detailed characteristics: location, purpose of use, quadrature, as well as a document describing the cadastral number, cost.

Availability of the following documents:

• An agreement confirming the donation process.
• Identity document, passport.
• Certificate from the Bureau of Technical Inventory, which indicates the estimated value of the property.
• Certificate confirming ownership.
• A tax return completed by the owner of a property.
• A certificate confirming the value of the property.

Important: Before registering a document, it is necessary to check the status of the property. This is due to the fact that the item of the gift cannot be registered if it is seized or is part of a tax transaction. To avoid inaccuracies in the design, it is necessary to familiarize yourself with the standard document template established at the legislative level.

2. The process of rent transfer.

This paragraph provides a detailed description of the payment method:

• Providing food, clothing, housing.
• Medical care, medicines.
• Payment of utilities.
• Supports optimal health.
• The amount of monetary compensation for each service provided.
• The cost of monthly maintenance, which includes 2 units of the living wage.

3. Responsibilities and rights of both parties. It is necessary to describe in detail the rights and obligations of the parties. The more detailed the information is, the easier it is to control the performance of the parties’ activities.

4. Payment method. It is necessary to indicate the cost of the rent and the type of payment (in cash or to a personal bank account).

5. Responsibilities of the parties. Describes methods for canceling a contract for inaccuracy in fulfilling the provisions of the contract.

6. Conclusion. The following provisions are described:

• Period of annuity execution.
• State registration of the agreement.
• Costs for preparing the necessary documentation.

After drawing up the agreement, both parties sign it.

Caring for elderly people, with subsequent inheritance of their property, is viewed ambiguously in society. On the one hand, obvious mercantile interest against the backdrop of helpless old age causes condemnation. On the other hand, for lonely old people this is a real opportunity to receive decent care and care, and for people without housing, in some cases, it is almost the only chance to move over time to a separate apartment. If we put aside all disputes about the moral aspect of this issue, then for both parties this can become a mutually beneficial cooperation.

Caring for an elderly person with subsequent inheritance of housing is accompanied by legal registration. The contract and will, certified by a notary, will become the basis for entering into the right of inheritance. When drawing up a contract, it is necessary to take into account various aspects that will reduce risks for both parties. In particular, we are talking about conditions of detention, possible provision of medical care (with appropriate education and experience), and the impossibility of termination without clearly defined grounds.

As practice shows, the best rental agreement in this regard has proven itself, under which an elderly person receives a certain amount of money monthly, for which he undertakes to transfer his housing to the renter free of charge or at a reduced price. Such an agreement does not additionally require the drawing up of a will; the previous owner of the home remains to live in his living space (unless otherwise specified in the agreement), while the renter formally becomes the owner of the home. The annuity agreement is simple to execute, the obligations under it are easy to control, but challenging it is quite difficult. In other words, a life annuity agreement is the optimal solution for both parties.

The situation is more complicated with a lifelong maintenance agreement with dependents. By formalizing legal relations in this way, the lessor assumes all obligations to care for the elderly person, and in the event of disputes it will be difficult to prove how conscientiously these obligations were fulfilled. Testimonies of neighbors and acquaintances are often the only evidence in this matter, but in the event of legal proceedings you should not seriously count on them. In most cases, the court takes the side of the rentee and terminates the contract, but the money spent is not returned to the renter.

How can the renter and the rentee find each other?

Surprisingly, there is a fairly large category of people who want to search an elderly person, and the elderly themselves who need care. However, despite the presence of supply and demand, relatively few annuity contracts are concluded. On the one hand, old people are afraid of running into scammers who are aiming for a quick profit; on the other hand, potential renters are afraid of putting an unbearable burden on their shoulders.

Often, elderly people, not wanting to be deceived by private individuals, enter into an annuity agreement with the state. It is worth noting that these legal relationships are quite limited, older people receive minimal but necessary care, and most often they are sent to nursing homes, where they are under constant supervision. However, the state provides higher guarantees than a private person.

The situation is no easier for the renter. Most often, those who look after the elderly are afraid to get involved with strangers, so that previously unknown relatives do not later come to light and apply for housing. Although such situations are not uncommon among friends. Trying to find potential rent recipients through a company is a thankless and ineffective task. They will eventually select a suitable option for you, but they will demand a significant amount for it. Considering the fact that you will already have to pay rent, additional expenses may negate all the benefits of such an enterprise. Get ready for a long search and numerous rejections. Otherwise, you risk falling into almost slavish dependence on the contract, which will then be difficult to terminate without significant consequences.

The imperfection of protection mechanisms for both the rentee and the renter is fertile ground for the growth of fraudulent transactions. The risk of being drawn into a scam is quite high, however, if you have a real opportunity to provide quality care for an elderly person, and there are people around you who need this help, then there will be nothing reprehensible in the annuity agreement. An apartment inherited from a lonely elderly person will become a legitimate thank you for financial assistance and proper care.

Today, a fairly large number of older people are lonely and need care. At the same time, they are the owners of precious square meters. In such cases, they can use their living space to provide themselves with decent care in old age. This kind of relationship for caring for an elderly person for an apartment is noted in the legislation as lifelong annuity. Let's take a closer look at how this exchange occurs.

Care for the elderly with the right to inherit housing - laws

Art. 583 of the Civil Code of the Russian Federation determines that older people can transfer certain property to other persons, and they have the right to receive payment for this in any form. Also, this article allows for lifelong maintenance as a dependent.

Although this phenomenon has found legal regulation, in practice quite often the parties to the agreement abuse the opportunity. This can be expressed:

• in dishonest performance of the duties of a caregiver;
• the presence of legal heirs of the old man;
• in fraud involving a risk to the health and life of the annuity recipient, that is, for an elderly person.

For this reason, the legislator is quite strict in the form of concluding such transactions, which are concluded when care for the elderly is required. And the parties to such an agreement should be very careful when selecting a counterparty and determining the list of rights and obligations of each other in exchange for an apartment.

Where can a caregiver (tenant) and a pensioner, senior citizen (tenant) find each other?

In most cases, the rentee and the renter are long-time acquaintances, for example, neighbors who are well aware of each other. It is worth noting that such legal relations largely depend on the presence of trust between the parties, which makes it almost impossible to conclude such transactions between complete strangers behind the elderly.

However, real estate organizations today have infiltrated this area of ​​real estate turnover and quite often offer apartments with the condition of a lifetime annuity for caring for a “grandmother” or some elderly person. And there are enough people in Moscow who want to get such an apartment, since it is expected that such an apartment will cost much less.

In rare cases, lonely and elderly home owners themselves, who need care and attention, look for a rent recipient. In fact, there are quite a lot of people who are ready to offer such a deal, but this is not always beneficial for the caregiver, as it is fraught with negative consequences.

Options for transferring rights to an apartment

Under an annuity contract, ownership may be transferred to the annuitant at any time during the term of the contract. At the same time, the parties have the right to determine:

• separate fee for transfer of property;
• Free transfer of ownership for aged care.

In the first case, lonely old people without relatives can enter into a separate purchase and sale agreement. The parties can also carry out the procedure within the framework of a rent agreement, taking into account the rules of the Civil Code on the purchase and sale of property.

In turn, if no fee is provided for the transfer of property, then the parties are free to regulate mutual rights and obligations in accordance with the rules of donation. In this case, if disputes arise, their legal relationship will be considered not as rent, but as a donation, but taking into account the fact that the rentee retains obligations to support the old man.

In rare cases, the parties resort to drawing up a will. So, in most cases, caregivers do not agree to this, since after the death of the renter, difficulties may arise with the legal heirs with the right of inheritance, which is almost impossible to oversee.

Lifetime maintenance agreement with dependents

Dependency implies running a joint household between the rentee and the renter. Thus, they live together. In this case, rent cannot receive monetary expression, but has an exclusively natural form. For example, rent can be expressed:

• in food;
• in providing medication if the pensioner is sick;
• in resolving other everyday problems.

Practice shows that a lifelong annuity with a dependent is extremely unprofitable for the annuity owner. So it's rare that older homeowners agree to it. In addition, sharing a household with a pensioner can cause other kinds of everyday inconvenience.

Lifetime annuity agreement for the elderly

A life annuity agreement provides for the payment of maintenance in cash or in kind. In this case, the order and form of content is best described in detail in the contract.

The mistake of most older people is the refusal to meticulously regulate their content. Monetary terms also do not always seem to be beneficial for them, given the state of the country's economy.

Features of the agreement on lifelong maintenance and care

Based on the meaning of the legislation and the practice of concluding such transactions, the following features of life annuity agreements can be identified:

• payment for the alienation of property has a special form - rent;
• the transfer of ownership can be carried out either in advance or with a delay;
• Rent can be in the form of either money or in-kind support.

A special feature of a lifelong maintenance agreement is that it may contain features of other civil law agreements regarding the alienation of property.

Which parties are involved in the contract?

As a rule, the parties to the apartment care agreement may be:

• the renter, that is, the owner of the apartment and who receives assistance, usually an elderly person;
• rent taker, that is, the one who pays the rent.

But at the same time, Art. 586 of the Civil Code allows the transfer of property for which rent is paid to a third party on the right of ownership. In such cases, these persons may be involved in the contract as an interested party.

In such cases, the rentee bears subsidiary liability with third parties in whose favor the alienation was made to the renter and who are obliged to help.

Also, Article 596 of the Civil Code stipulates that rent can be established in relation to several owners of an apartment if it is in shared ownership. In this case, the rent cannot be inherited, but is transferred to other co-owners. So you will need to take care of all of them equally.

Procedure for concluding a housing agreement for care and supervision

An agreement on the transfer of an apartment for lifelong care of an old person, where the object of the agreement is real estate, including a residential property, is subject to the following procedures:

• notarization;
• state registration.

Any notary can certify a transaction. State registration is carried out in the multifunctional center.

As for the form of the contract itself, it is concluded in any form, taking into account the provisions of the law. It is worth noting that the table of contents of the contract is not as important as the content of individual clauses.

Encumbrance of an apartment

In legislation, a life annuity is equated to an encumbrance, that is, the object of a life annuity - real estate - is under an encumbrance. So the mutual rights and obligations of the parties to the contract are considered from the perspective of both the debtor and the creditor.

The fact of encumbrance is subject to recording in a special register. Only in this case can real estate be protected from alienation to third parties.

Otherwise, the relationship between the parties will be subject to the rule of Art. 586 of the Civil Code of the Russian Federation.

Benefits and risks for a pensioner

Considering the deal from the perspective of a pensioner, that is, a person who offers his apartment as rent for care, it is worth noting the following positive aspects:

• the pensioner receives maintenance;
• he is given care and due care, etc.

At the same time, the risks of a pensioner are also great, since he may be left without an apartment, without proper maintenance and care.

Caregiver Risks

In fact, it is quite difficult to provide adequate attention to an elderly person. Thus, the caregiver may be faced with the fact that the pensioner will be dissatisfied with the annuity and decide to terminate the contract. In this case, the caregiver may incur expenses.

At the same time, there are risks of receiving claims from other applicants for the apartment, for example, the legal heirs of a pensioner. In such cases, the caregiver cannot avoid lengthy legal battles.

How can you terminate a lifelong maintenance agreement?

If the annuity payer violates the terms of the contract, the annuity recipient has the right to demand redemption of the annuity. The cost of such redemption is determined as follows:

• at the price stipulated in the contract;
• at a price equal to the annual cost of rent, if the transfer of ownership was carried out according to the rules of purchase and sale;
• at the cost of the apartment, if the transfer of ownership was carried out under the terms of the gift agreement.

If the annuity payer refuses to buy out, the annuity recipient has the right to demand termination of the agreement with compensation for all losses. The property is returned to the recipient of the rent, taking into account the rent paid and its offset against the redemption price.

Social protection for pensioners

Local authorities of Russian regions are authorized to provide social support to persons of retirement age living alone on the terms of a life annuity. At the same time, each administration approves a special provision that sets forth the conditions of a life annuity.

As a rule, in such cases, the payer of the rent is the local administration, which acts as a full party to the agreement in accordance with the requirements of civil law.

Meanwhile, the administration may provide additional social guarantees for pensioners, which may not be directly stated in the agreement, but is valid for the given party to the agreement.

More useful information in the video:

Thus, a life annuity agreement is one of the legal mechanisms for solving an acute social problem - providing care to lonely elderly people. However, unscrupulous individuals use such a tool for their own interests, so pensioners should be extremely careful.

The topic of the article is quite delicate: “Caring for the elderly for an apartment.”

However, this topic is relevant for many pensioners who, for some reason, are left alone: ​​without family and friends who would help them with the most ordinary things: go shopping, pay utilities, cook food, clean the apartment, etc. .d.

And then complete strangers, strangers who agree to care for the elderly in exchange for their real estate, may respond to help.

How to find an elderly person and enter into an agreement with him so that neither he nor the person caring for him is deceived?

How to document care for pensioners in exchange for an apartment in 2019?

1. Make a will for a person.
2. Prepare a deed of gift.
3. Conclude an annuity agreement - lifelong maintenance for an elderly person.

There are many such situations when a stranger caring for a grandmother is confident that the property will go to him in exchange for her apartment, because the old woman has drawn up a will with a notary.

No matter how it is! A will is the most insecure type of transaction for a caregiver.. And all because:

• the testator can rewrite the will several times without notifying the person to whom the apartment is bequeathed. And if the relationship between the caregiver and the old woman has deteriorated, then the grandmother can safely change her point of view and change her will;
• Often, after the death of an apartment owner, his relatives, whom the caring person has never even heard of, try to claim the rights to real estate. As a result, if he wants the apartment to go to him, there will be a long trial. And the court does not always side with the person to whom the apartment was bequeathed.

Making a will for a caregiver is convenient for the apartment owner. So, he receives sincere care and support, he disciplines the guardian.

But for a guardian, making a will is not a suitable transaction option, because the old woman can change her mind at any time, change the will, or even sell the apartment. And then he will be left with nothing.

A person who wants to care for a lonely elderly person in an apartment must understand that if a pensioner in his old age is left completely alone, without relatives, friends and acquaintances, it means that he does not have such a simple character.

He can be conflicting and quarrelsome. Otherwise, such an old man would be surrounded by relatives, children, grandchildren, and friends.

Care for the elderly in exchange for an apartment can be documented by concluding a gift agreement. But in this case, unlike the previous one, the benefit will be on the side of the one caring for the elderly person.

After all, according to the donation agreement, the apartment becomes the property right during the pensioner’s lifetime. This means that the person who cares for the elderly becomes the full owner of the property.

And here the most interesting thing begins: if this person is decent, then, of course, he will continue to care for the pensioner. But if his thoughts are only about the poor old woman’s apartment, then he can even kick her out of the apartment.

Of course, the old woman can appeal this case in court, but this process is very lengthy and, moreover, expensive.

It is best to document care for single elderly people in exchange for an apartment by concluding a lifelong maintenance agreement with the right to inherit real estate.

This type of transaction is beneficial to both parties: both the one providing care and the one who needs this care.

There are two types of lifelong care agreement in exchange for an apartment:

1. Rent agreement.
2. Lifetime maintenance agreement.

Conclusion of a rent agreement

Under a rent agreement, one party (rent recipient) transfers property to the other party (rent payer) (Clause 1, Article 583 of the Civil Code of the Russian Federation).

In turn, the rent payer, in exchange for the property received, undertakes to periodically pay rent to the recipient.

Depending on the form in which maintenance funds will be provided (cash or in kind), the following types of rent are distinguished:

• constant;
• lifelong (lifetime maintenance agreement with dependents).

Under a lifelong maintenance agreement, one party (the alienator) transfers property to the second party (the acquirer). In return, the acquirer undertakes to provide the alienator with lifelong maintenance or care, or both.

The peculiarity of this agreement is that the ownership of the property is transferred to the acquirer during the life of the alienator. At the same time, the alienator has the right to use this property for life.

But until his death, no actions (donation, pledge, sale) are possible. The notary places an encumbrance on the property.

Useful advice for the purchaser of property: record your material expenses as much as possible in the process of fulfilling obligations under the contract: collect checks, receipts, receipts, etc., that is, all documents that can prove your conscientious approach to fulfilling your duties.

In many everyday situations, concluding a lifelong maintenance agreement is the optimal solution and solution to the problems of those people who, for one reason or another, require care and maintenance.

Before agreeing to the conditions of a lonely elderly person, you need to find out the following from him:

1. Why did it happen that the old man remained lonely? Where are his children and relatives?
2. Who had helped him up to this point?
3. What health problems does he have?
4. What will be required from the caregiver, what responsibilities will he have? What kind of agreement does he want to draw up?

Drawing up a care agreement (lifetime maintenance)

This type of agreement between a single pensioner and a person who has agreed to care for him must be concluded in writing by a notary. Both parties to the contract must be present during the conclusion of the agreement.

They must have the following documents with them:

• passports;
• TIN (identification code);
• statements from a pensioner and someone who is ready to support him for life in exchange for an apartment;
• documents confirming the pensioner’s ownership of the apartment;
• cadastral passport (technical passport).

When caring for an elderly person for an apartment is required, many people have a logical question: “Where can I find a decent pensioner or, conversely, a person who will not deceive the old man and will fulfill all his requests?”

There may be several options:

If a pensioner cannot cope with basic tasks (cannot dress himself, go outside without help, go to the store for medicine, etc.), then it is preferable for him to apply for patronage or guardianship.

Few people decide on such a service, because often a sick elderly person needs constant care.

Therefore, it is assumed that a nurse or guardian will live free of charge in the apartment of a lonely pensioner, and at the same time be sure to help him, fulfill his requests, instructions, and manage property for the benefit of the pensioner.

Such relationships must be documented - you need to draw up an agreement.

But here it is necessary to take into account an important point: the fact of the help of the person providing patronage in no way makes him a contender for the apartment of a lonely pensioner.

Of course, if an elderly person wants it, he can transfer property to his assistant, for example, make a will in his name.

An apartment in exchange for lifelong care for an elderly lonely person - what could be simpler? In fact, this is a responsible matter that requires patience, endurance, and the ability to find a common language with a pensioner.

Care for the elderly in exchange for their real estate must be documented. You can’t trust your grandparents’ words. It is best for both parties to draw up an annuity or life maintenance agreement.

But there is no point in drawing up a will or a gift agreement, because in this case one of the parties necessarily suffers: either the pensioner or the person who cares for him.