Termination of a lifelong maintenance agreement with dependents

How to challenge a life support agreement after death

In the recent past, only a party to the contract could challenge the annuity agreement.
For example, in situations where a transaction was concluded by a citizen unconsciously or through threats, violence or deception, according to Art. 177, Article 178 and Article 179 of the Civil Code of the Russian Federation, only the victim could declare the concluded agreement invalid. The exception in this situation was that it affected only those citizens who were drawn into a transaction made unconsciously (according to Article 177 of the Civil Code of the Russian Federation).

There were cases when heirs learned about the annuity only after the death of the heir. And before the adoption of the Plenum of the Supreme Court of the Russian Federation of May 29, 2012 No. 9, the courts refused to allow heirs to challenge the annuity agreement, even in cases where it was concluded through deception, threats and violence. The refusal was due to compliance with the law, which clearly stated that only the injured parties, namely one of the parties to the transaction, but not the heirs, could declare the annuity agreement invalid.

After the adoption of the Plenum, which was mentioned above, everything changed. In view of the introduction of paragraph 73 of the Plenum, the heirs received the right to challenge the annuity agreement concluded by the testator after his death. No changes were made to the timing.

Context 2

Now it is possible to challenge the annuity agreement even after the death of the testator by conducting a forensic psychiatric examination. Testimonies of witnesses and eyewitnesses, as well as other material evidence will also be considered.

It should, however, be taken into account that for the court the expert opinion is not considered mandatory to challenge the contract. Only in conjunction with other material evidence will the case be considered. Therefore, it is recommended to carefully think through your actions and strategy, and also use the services of a professional lawyer.

Can this be done and who can?

Both parties, regardless of the type of rent, have certain opportunities to challenge the terms of the contract. They are determined by the Civil Code of the Russian Federation (Articles 166-181 and Chapter 33). In specific circumstances, the contract may be contested in its entirety, i.e. declared invalid, or some of its clauses may be changed.

Legal issues in case of breach of contract are resolved quite simply if there is evidence . Of particular interest are disputed claims in the event of the death of one of the contracting parties.

Payer's rights after the death of the annuitant

In this matter, it is important to understand that the rent agreement provides for the transfer of property into the ownership of the rent payer immediately after the agreement enters into legal force.

Another thing is that a burden is imposed on it, which somewhat limits the possibilities of the new owner. This condition remains when concluding a permanent annuity contract and after the death of the annuitant, because all his rights are transferred to his heirs.

Under a life annuity agreement or life support with a dependent, after the death of the annuitant, the agreement terminates, and, consequently, the obligation to pay the annuity or support the dependent. The rent payer becomes the full owner of the property . He has the right to remove the property from encumbrance, which makes it possible to dispose of it without any restrictions. For any real estate transaction, the new owner must not obtain permission from anyone (including for sale, mortgage, etc.).

Reference . In the case where there are several annuitants or dependents, after the death of one of them, the others can redistribute the deceased’s share of the annuity among themselves, and the payer will pay the amount agreed upon in the contract as long as at least one annuitant is alive.

If the agreement provides for a funeral at the expense of the payer, then he is obliged to fulfill this condition. Otherwise, the annuity will not be considered fulfilled.

Heirs' rights

Inheritance of annuities applies to heirs, both by law and by will. However, the rights of heirs depend on the type of annuity:

Permanent annuity . All rights and obligations pass to the heirs after the death of one of the contracting parties. Termination of the contract is possible only by mutual agreement of the parties, through the court if the terms of one of the parties are violated or when the rent is purchased. The heirs of the payer after his death remain the owners of the property only if the agreement is properly fulfilled. If there are several heirs, then the rights and obligations are transferred to them in proportion to the distribution of shares of the inheritance.
Lifetime annuity . After the death of the annuitant, his heirs lose the right to receive annuity, and the property completely becomes the property of the payer. If there are several annuitants and one of them dies, the heirs of the deceased do not receive the right to his share. It is distributed among living rent recipients. If the annuity payer dies, his heirs are obliged to fulfill the terms of the agreement. Otherwise, the contract is terminated and they lose ownership.

How is an annuity agreement between spouses accounted for? Real estate will be considered jointly acquired property only if it is transferred for compensation, and inheritance is carried out in the appropriate manner. If property is transferred free of charge, then the rules of the gift agreement apply. Only the spouse in whose name the property is registered is considered the owner. Inheritance is carried out on a general basis.

Special publications by our experts will help you understand the difference between annuity, gift and will agreements, and will also tell you how to correctly draw up agreements for various types of annuity.

Rent agreement procedure for termination step by step

Termination of the contract is possible both by mutual consent and unilaterally. However, in both cases, initiative is required by the interested party. It is precisely this initiative that implies the implementation of a pre-trial procedure for terminating the annuity agreement.

And only if it is impossible to reach an agreement, the interested party can legally demand termination of the contract. To make both stages easier to understand, let’s look at them in a little more detail.

How to terminate a rental agreement without court

An out-of-court procedure involves an attempt by the parties to the contract to independently resolve the issue. To do this, the interested party sends the other party a proposal to terminate the annuity. In this case, the annuity payer has the opportunity to send a demand for redemption, but such a proposal is made no less than 3 months before the expected completion of payments under the contract.

If all parties agree to terminate the contract, you will have to do the following:

reconciliation of payment settlements;
comparison of property value and payments made;
preparation of a draft agreement on termination of the annuity contract.

To properly prepare the pre-trial termination of the rental agreement and prepare all the necessary papers, it is worth using professional legal assistance. The lawyer will tell you how to correctly check the calculations, what value of the property to include when drawing up the agreement, and what exactly to include in the project.

In accordance with the provisions of Article 584 of the Civil Code of the Russian Federation, the agreement reached is necessarily endorsed by a notary, after which it is submitted for registration to the territorial office of Rosreestr.

If agreement cannot be reached, the interested party has the right to file a claim in court to implement the judicial procedure for annuity termination.

How to terminate an annuity through court

Termination of the annuity agreement occurs through the procedure of claim proceedings. Before applying to the judicial authorities, it is necessary to establish the territorial jurisdiction of the dispute.

In accordance with the provisions of Art. 28 of the Code of Civil Procedure of the Russian Federation, the claim is filed in the district court at the place of residence of the defendant. However, Article 30 of the Code of Civil Procedure of the Russian Federation allows you to file a claim in court at the location of the real estate transferred under a rent agreement. But this right arises only if the demands include the return of property or its value.

After choosing a specific court, a claim for termination of rent is drawn up. The statement of claim is written in accordance with the requirements of Art. 131 Code of Civil Procedure of the Russian Federation. It must indicate that an attempt was made to terminate the annuity agreement by agreement of the parties. The following is attached as proof of this fact:

proposal to terminate the contract or buy out the rent;
confirmation of transfer of the offer to the second party;
response to the proposal (if available).

A number of other documents must also be attached to the claim:

a copy of the statement of claim;
receipt of payment of state duty;
directly the rent agreement;
calculation of the amount to be recovered (however, this can be reproduced in the body of the claim);
property documents;
other papers related to the case.

If the claim is accepted, preliminary and main hearings are scheduled. Based on the results of the consideration of the case, a court decision is made. Termination of an annuity with lifelong maintenance (another similar agreement) through the court occurs from the day the court decision enters into legal force. You have 30 days to appeal. If no complaints are received from either party, the rental agreement is considered terminated.

Read more about the judicial procedure for annuity termination in this article.

Have you entered into an unfavorable rental agreement and want to terminate it? The site’s lawyer will give you a free consultation over the phone on how to correctly formalize the termination of a rental agreement in your situation.

Termination after the death of the recipient

Let's consider whether it is possible to challenge an agreement after the death of an annuity recipient with lifelong maintenance (with dependents) and how to do this competently? If the annuitant dies, the annuity contract immediately terminates. But this is only in theory. In Russia, getting the opportunity to even get to trial is not an easy task.

Courts of first instance often refuse the heirs' request to terminate the contract, since, they say, succession is unacceptable in controversial cases. Then you should go to the higher courts. According to the resolution of January 10, 2001 No. 237pv-2000pr., the heir has the right to express the will of the deceased plaintiff in matters of returning the right to real estate.

Termination of a life annuity agreement

The annuity payer cannot refuse the obligations assumed; cancellation of the contract is possible only at the request of the recipient. The right to demand cancellation of the agreement for the annuity recipient is guaranteed by Article 599 of the Civil Code of the Russian Federation.

The agreement may be canceled due to the following circumstances:

the rent payer violates the terms of the contract for a long time;
the payer is declared bankrupt;
clauses of the contract relating to the insurance of the rent transferred to the payer;
property were not respected;
circumstances of another kind that partially or completely deprive the recipient of what he claimed when concluding the transaction.

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Upon termination of the agreement, the recipient has the right to demand:

compensation for losses;
reimbursement of the value of the transferred property;
return of property taking into account its price against the cost of rent redemption;
coverage of all property losses.

Cancellation of an annuity agreement with the consent of the payer is voluntary. In this case, the parties will need to contact a legal service.

If the payer refuses to terminate the agreement, then its cancellation will be forced on the latter within the walls of the courtroom. In such a situation, the recipient will need to draw up and submit a corresponding claim to the court.

You can draw a parallel with this article by learning about unilateral termination of a lease agreement.

Redemption of rent

Above we looked at what grounds there should be for terminating an annuity contract, and now we will consider the grounds for repurchasing the annuity. These should be:

the rent payer is overdue for payment by more than a year;
the rent payer violated its obligations to ensure payment of rent;
the rent payer is declared insolvent;
real estate transferred for the payment of rent came into common ownership or was divided between several persons.

The parties may establish other grounds for termination of the annuity agreement . The payer of a permanent annuity has the right to buy it out and stop paying it. But this is only possible if the following conditions are met. Refusal to pay annuity must be in writing and upon notification to the recipient three months before termination of annuity payment. In this case, the obligation to pay annuity does not terminate until the annuity recipient receives the redemption amount. The condition in the agreement on the payer’s refusal to buy out the rent is void (Article 592 of the Civil Code of the Russian Federation).

Termination of an agreement

However, despite all the advantages, there are situations when participants want to terminate such an agreement for a variety of reasons. This process itself has certain regulations and requires the existence of the necessary grounds for this. The grounds can be both general problems used for all contracts of this type, and special ones (relating to the requirements of the law on rent).

Particularly popular grounds for terminating a life annuity are:

incapacity of the annuity recipient (that is why, before concluding such an agreement, it is advised to familiarize yourself with the pensioner’s medical card and see a certificate of his state of health)
deception of the annuity recipient (to avoid this, you should determine in advance such nuances as the scope of services and the amount of payment)
taking advantage of the annuitant’s difficult life situation for one’s own purposes (if an elderly person is in a hopeless situation and he is actively looking for a way to solve the problem, contractual terms that are not beneficial can be positioned as taking advantage of the difficult situation. It follows from this that the services provided under the contract must necessarily be beneficial to all parties)

It should also be mentioned that the list of special grounds for terminating an annuity agreement is described in detail in the Civil Code of the Russian Federation

Particular attention should be paid to the fact that permanent annuity, as such, does not provide for the case of unilateral termination of the annuity contract. But still, the termination of a life annuity provides for such a probability in the probability of gratuitous alienation of real estate that is under the annuity

A person who pays rent and has assumed these obligations has no right to refuse them. The recipient may raise the issue of terminating the life annuity together with a request to buy out the annuity or to terminate the contract and return losses.

So, how can you terminate an annuity contract through redemption? Today, the law allows for the termination of an unfavorable rental agreement by purchasing it. In the case of a permanent annuity, both the annuitant and the annuitant can exercise this right. With a lifelong annuity, only its recipients can make a demand for redemption. The redemption value is usually established by agreement of the parties as a specific fixed amount or is assigned depending on the price of the property, the total amount under the contract and the actual rent paid.

Also, annuity relationships may be subject to termination in court when the payer does not fulfill and does not want to fulfill its contractual obligations. Permanent violations that bring negative consequences to the other party are also considered important. They are usually described in the contract.

In addition to the above, there is a whole chain of facts that allow (if desired) to terminate the contract. These include: non-payment of rent on time, end of life of the annuitant, damage to property, etc.

A life annuity agreement, like any other, can be terminated voluntarily. It is also worth remembering that in some special situations it is possible to terminate it unilaterally. All issues related to the termination of the annuity agreement are subject to mandatory consideration in the courts.

Grounds for cancellation

Any of the parties , that is, the rent payer or the owner of the property, has the right to terminate the contract. The following conditions may be grounds for termination of the contract:

lack of monthly payments or late payment;
failure or improper fulfillment by the payer of his duties for the material maintenance of the annuity recipient, physical care for him;
abuse of the rent payer's rights in relation to the housing premises;
the demand of the rent payer if the property for which he made payments was in any way damaged or destroyed (clause 2 of Article 595, clause 1 of Article 599, clause 2 of Article 605 of the Civil Code of the Russian Federation);
other major violations of the terms of the signed life agreement.

We are looking for a specialist to terminate a rental agreement

If, when concluding a rental agreement, theoretically, you can only get by with the services of a notary, then when terminating the transaction, it will not be easy to understand all the intricacies

It is not enough for each party to simply cancel the agreement; it is important to minimize losses. It is almost impossible to do this without competent legal support, so if you are faced with the need to abandon annuity relations, start the process by finding a qualified lawyer

The task of professionals when terminating a rental agreement:

— Analyze the current situation together with the client and give it a legal assessment
— Predict possible risks and financial consequences
— Formulate several alternative options for terminating the contract and explain their advantages and disadvantages
— Take over communication with the other party and try to conclude a settlement agreement
— Prepare the necessary documents and a statement of claim to the court
— Collect documentary evidence and witness testimony in favor of the client
— Convincingly defend the client’s position in court
— To achieve the most favorable court decision for the client
— If necessary, appeal the verdict to higher authorities
— Monitor the progress of execution of the court decision

When terminating a rental agreement, you should not immediately go to court. A qualified lawyer must first make every effort to conclude a settlement with the opposite party to the conflict.

It is necessary to take into account that termination of a rental agreement is a rather specific legal procedure that not every lawyer can effectively handle.

It is important to choose a professional who has extensive experience in real estate transactions. Such a specialist can be found with the help of a realtor who knows the market well enough to recommend a competent and knowledgeable lawyer

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You can contact an agent on one of the major real estate websites.

Reimbursement of expenses

Reimbursement of costs is determined separately by the court. He can make either a positive or negative decision on this issue. It all depends on the degree of guilt of the rent payer and his intentions.

If we are talking about a real crime using threats, intimidation and other criminal methods, then perhaps the person will be sent to prison and there will be no talk of any compensation.

In cases that are not so odious, everything will be decided according to how reimbursement of costs is stipulated in the contract.

It is possible that at the conclusion it was agreed that the payer would receive a penalty in the event of a dispute. Of course, this will oblige the court to make a decision in favor of the payer, who will receive his compensation in accordance with the contract and legally.

What is a life annuity agreement?

Article 596 of the Civil Code of the Russian Federation determines that a life annuity is established until the death of the recipient or the person specified by him. The agreement stipulates that in order to receive payments, a person transfers certain property to another citizen for use. Based on its value, the maintenance is calculated (and the presence or absence of life insurance is taken into account).

The advantages and disadvantages of agreeing to provide cash in exchange for the property received depend on the counterparty. The recipient, in accordance with the law, finds himself in a more advantageous position - in return for the property he receives payments, the amount of which cannot be lower than the subsistence level.

The payer gets the opportunity to use the received property. Both parties have the same risk due to possible fraudulent activities, however, taking into account the ownership of the property, the payer is less protected.

An agreement on the payment of funds in exchange for the property received may provide for the timing of the payment of funds. If there are no corresponding regulations, the legislation determines the monthly form of payment.

The content agreement is certified by a notary. This instruction is given by law and is mandatory.

Termination of the agreement is carried out in accordance with Article 599 of the Civil Code of the Russian Federation. It provides for termination of the maintenance agreement at the initiative of the recipient if there are substantial grounds.

The grounds for termination of an annuity agreement with lifetime maintenance may be as follows:

failure by the payer to fulfill its obligations, loss of security or refusal to insure risks;
a significant violation by the payer of the terms of the agreement - this means causing such damage as a result of which the recipient loses the benefits of the agreement.

Significant violations are usually specified in the terms of the contract. If they are not taken into account, then they can be determined in court.

Procedure

To terminate an annuity agreement with lifelong maintenance, the following procedure is followed:

determination of the grounds for termination - all reasons must be documented and have supporting evidence;
sending the counterparty a proposal to terminate the annuity agreement with lifelong maintenance;
with the consent of the parties - conclusion of an agreement on the annulment of the agreement, its notarization;
in case of refusal or lack of response - filing a claim in court to terminate the annuity agreement with lifelong maintenance;
registration of ownership of returned property.

The specifics of the legislation provide certain advantages to the recipient of payments. However, if there are sufficient grounds, the payer can challenge the claims. To do this, it is recommended to document all actions - transfer of money, use of property, and other aspects.

Unilaterally

Both parties can unilaterally terminate an annuity agreement with lifelong maintenance, but only through the court. For this purpose, documents are collected confirming the grounds for termination of such legal relations.

They also pay attention to pre-trial resolution of disagreements

To cancel the agreement unilaterally through the court, you should send a notice to the counterparty with a proposal to terminate the annuity with lifetime maintenance. Only if it is impossible to conclude a joint agreement is it permissible to file a claim.

By agreement of the parties

If the parties agree to terminate the annuity agreement with lifelong maintenance, a corresponding agreement is concluded. The agreement is drawn up taking into account the following aspects:

the full names and contact details of the parties are written down in accordance with the agreement that is being terminated;
details of the annuity agreement with lifelong maintenance are provided;
if the parties agree, it is not necessary to indicate the grounds for termination, but is permitted;
the procedure for termination is indicated - transfer of property, payment deadlines, other aspects;
organizational issues - by whom the agreement is certified, how many copies, date, signatures.

The agreement of the parties to terminate the life annuity agreement is certified by a notary. The lawyer confirms the compliance of the documents provided.

Basic definitions

A life annuity remains in effect until the death of its recipient. By agreement, payments are made upon transfer of the property specified in the contract for use to another person. Based on the total value of the transferred property, the amount of regular deductions is determined.

The recipient occupies a more advantageous position - he is transferred an amount that should not be less than the subsistence level. The rent payer has the right to use the property. However, risks remain for both sides.

The agreement usually sets the terms for the payment of funds. If such information is not contained in the document, then the regularity of payments is established by the state.

The agreement must be notarized. The annuity recipient is allowed to terminate its operation unilaterally if he has significant grounds for this.

Usually there are 2 types of agreements:

annuity for life with dependency - payment of a set amount of money and full maintenance of the owner of the property, repayment of all debts he has;
Lifetime maintenance - regular payments until the death of the annuitant. The agreement can be concluded in relation to movable and immovable property.

In case of annuity with dependency, exclusively immovable objects are considered as the subject of the contract. The lessor is obliged to provide the property owner with everything necessary - food, clothing, medicines, etc.

How to terminate it

There are several ways to terminate a contract:

Voluntary termination. It is a very simple and non-conflicting option. Upon mutual agreement, a document is drawn up specifying the terms of termination. Such an agreement must contain provisions on the transfer of property assets, funds, and real estate. It must be certified by a notary and registered in a division of Rosreestr, where, after paying the state duty, the encumbrance on the real estate will be removed.
Forced severance of rental relations. The initiator may be the recipient due to non-receipt of the full amount of payments or unsatisfactory quality of the services provided. Systematic violation of requirements can be expressed in:
Malicious failure to fulfill other duties, including failure to provide care or failure to pay utilities;
Violation of other requirements, if they are determined to be significant.

Identification of such cases entails the rupture of contractual obligations with the participation of judicial authorities; if the decision is positive, the contract terminates.

The subject of the contract is returned to the recipient, and the payer is paid a sum of money if the object was transferred for a fee. Legal costs are borne by the defendant. In addition, amounts already paid for other duties are non-refundable.

Voluntary termination by consent

Terminating a contract by mutual consent is the easiest and most conflict-free way. Paragraph 1 of Article 450 of the Civil Code of the Russian Federation allows, by mutual agreement, to draw up a document in which all the conditions of termination will be written down. The termination agreement contains the terms for the transfer:

real estate;
material assets;
amounts of money.

The drawn up agreement is certified at a notary office and registered in Rosreestr, where, after paying the state duty, the encumbrance on the property is removed in accordance with the submitted application.

We terminate the permanent annuity agreement

A permanent annuity agreement is concluded by the parties for an indefinite period. In accordance with this agreement, the owner of the apartment transfers the housing into the ownership of the rent payer, and he undertakes in exchange to pay a certain amount of money. In essence, this scheme resembles the purchase of real estate in long-term installments; the payer’s obligations cease with the death of the recipient or after the rent is redeemed.

The possibility and algorithm for terminating such an agreement depends on the conditions that were originally specified in it. In particular, the remuneration of the rent is of key importance: whether the property was transferred free of charge or for a certain monetary reward.

— Paid rent If real estate is transferred for a fee, Article 595 of the Civil Code of Russia can be applied to terminate the contract. According to the law, the rent payer can get rid of obligations if the property was lost (fire, etc.), and in case of damage, demand a reduction in rent payments. The agreement can also be terminated by purchasing the rent at the request of one of the parties. If the payer wants to cancel his obligations, he must notify the other party three months before stopping payments, and also pay compensation - the redemption price of the annuity. Usually it is determined in advance by the contract, or is equal to the annual amount of payments.
— Free rent To terminate such an agreement, the payer is subject to additional expenses. In addition to all compensation, he will also have to pay the cost of the property received. In this case, the acquired property will remain with the payer, and the other party will receive a certain amount of money, which will also include the redemption price and all rent payments.

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Sometimes the parties stipulate in advance in the contract that the annuity cannot be redeemed during the recipient’s lifetime or within 30 years. This condition is extremely unfavorable for the payer.

The recipient of a permanent annuity may demand termination of the contract on the following grounds:

— Payments are overdue for more than a year
— Bankruptcy of the payer
— Failure by the payer to fulfill the essential conditions specified in the contract

If the recipient manages to prove his case in court, he can demand that the payer forcefully buy out the rent.

Action 5

How to challenge a transaction while the recipient is alive?

Before going to the district court, you must complete a number of actions:

First you need to send the other party a proposal to terminate the contract. If you do not receive a response within the period specified in the contract or in the proposal sent, or within 30 days (if there are no deadlines in the contract/appendix), you have the right to go to court to demand termination of the contract (clause 2 of Article 452 Civil Code of the Russian Federation).
You should contact the district court at the place of residence of the defendant, or the district court at the location of the property (if the claim specifies a demand for the return of the property to the annuity recipient). When going to court, a statement of claim is filed there.

Competently drafting and filing a claim

The application must include:

Name of the court where the claim is filed (without any abbreviations).
Plaintiff's details (contact details - telephone, email, postal code, address; last name, first name, patronymic).
Data of the defendant (similar to the data of the plaintiff).
Own requirements as an applicant, amount of claim (expected compensation), amount of state duty. Maintain the reasonableness of the requirements and their adequacy in order to increase the chances of a successful outcome of the case.
A brief but sufficiently detailed description, without lyrical digressions or excessive emotionality, of the current situation that served as the basis for filing a lawsuit.
Confirmation of the existence of a violation (witness testimony, references to articles or relevant provisions in legislation can be used as evidence);
List of documents attached to the claim.
Date of writing the application, signature with transcript.

Documents to be attached to the statement of claim:

a receipt confirming payment of the state fee;
copies of the claim and other documents for the defendant, third parties;
annuity agreement;
document calculating the amount of recovery;
confirmation of violation of the contract by the defendant (testimony of witnesses, copies of regulatory legal acts);
documents that can prove attempts to solve the problem without legal proceedings (proposal to terminate the contract, if any - refusal);
documents for property subject to rent.

The application, as stated above, is submitted to the district court at the defendant’s place of residence. This is done in accordance with the requirements of jurisdiction and jurisdiction outlined in Article 3 of the Code of Civil Procedure of the Russian Federation.

The ability to competently draw up and maintain documentation will help you achieve a fair decision from the judge.

Costs of filing a claim

When filing a claim, you will need to pay a state fee and attach a receipt for its payment to the statement of claim. The amount of the fee depends on the value of the claim, and it depends on how much you are demanding as recovery.

For example, you demand the defendant to reimburse you 500,000 rubles. This will be the cost of the claim. The following information will help you calculate the cost of the state duty (clause 1 of Article 333.19 of the Tax Code of the Russian Federation):

up to 20,000 rub. — 4% of the claim price, but not less than 400 rubles;
from 20,001 rub. up to 100,000 rub. — 800 rub. plus 3% of the amount exceeding RUB 20,000;
from 100,001 rub. up to 200,000 rub. — 3,200 rub. plus 2% of the amount exceeding RUB 100,000;
from 200,001 rub. up to 1,000,000 rub. — 5,200 rub. plus 1% of the amount exceeding RUB 200,000;
over 1,000,000 rub. — 13,200 rub. plus 0.5% of the amount exceeding RUB 1,000,000, but not more than RUB 60,000.

Also, if it is necessary to return real estate (this is only possible after both parties have entered into an agreement to terminate the contract, which provides for the return of real estate to the rent recipient), the transfer of ownership is registered in Rosreestr (Article 131 of the Civil Code of the Russian Federation, Article 9, Part 1 Article 14, Article 15 of the Law of July 13, 2015 No. 218-FZ). The fee for completing the state registration process is 2,000 rubles.

On our website there are other interesting publications dedicated to life annuity, for example, you can find out the differences and what are the pros and cons of a life annuity with and without maintenance.

Termination of the agreement

The parties can terminate the annuity agreement, both on a voluntary and compulsory basis.

If there is a desire to cancel the agreement, then it is required to draw up a written notice to the other party about the planned termination of the transaction. If she agrees, the contract is terminated at the notary's office.

If the other party is against it, then the issue will have to be resolved in court.

If the court decides to terminate the contract, then the owner of the apartment or residential building is returned to the rentee. Instead of real estate, he can receive a sum of money. This point is stated in the contract.

The rent payer has every right to demand compensation for all his expenses

At the same time, it is important to prove that he impeccably fulfilled all the requirements of the agreement

Termination of rent by redemption

Unlike a life annuity or a lifelong dependency contract, a permanent annuity can be purchased and thereby terminate the contract. The basis is:

late payment for a period of 12 months or more, which is a violation of the terms of the concluded agreement;
the payer has not fulfilled the obligations related to ensuring the payment of rent;
recognized insolvency of the rent payer, or other circumstances directly indicating the impossibility of the payer to comply with the terms of the agreement in terms of the volume and timing of payments;
the property, after being transferred for payment of rent, turned out to be in common ownership, divided between several persons.

In addition to the grounds specified in Article 593 of the Civil Code of the Russian Federation, the annuity agreement may provide for other reasons for unilateral termination of obligations to execute a transaction and exit from it.

Ivan B. turned to a lawyer asking whether it was possible to terminate the annuity in his situation. The essence of the matter was that the payer outwardly complied with the terms of the contract by monthly transfer of money. But in addition to this, the payer was obliged to maintain the property in order and provide comfortable living conditions. In particular, he undertook to replace the cracked windows, which he did not do either in the first or second year.

The lawyer assessed the chances of a successful outcome of the case as satisfactory and proposed terminating the contract by signing an agreement. The payer refused, and then a lawyer on behalf of Ivan proved in court that the payer did not comply with the terms of the agreement regarding the maintenance of the property. The examination found that cracked windows do not ensure compliance with SanPin requirements. The court supported Ivan's claims.

But to terminate the contract, regardless of the reasons and circumstances, a special procedure is required. Only in this case will the transaction be considered terminated.