Termination of the contract for the gratuitous use of an apartment unilaterally and by agreement of the parties

Termination of the contract for free use

Let's turn to clause 2 of Art. 621 of the Civil Code of the Russian Federation (we are talking about rental relations, but the provisions of this paragraph are also applicable to the loan agreement - clause 2 of Article 689 of the Civil Code of the Russian Federation). It says here: if the tenant continues to use the property after the expiration of the contract and in the absence of objections from the lessor, the contract is considered renewed on the same terms for an indefinite period.

It turned out that in violation of Art. 691 of the Civil Code of the Russian Federation, the lender, under the transfer and acceptance certificate, transferred the building in a condition not suitable for use for its intended purpose. Major repairs of these facilities were required, which the plaintiff did not carry out;
the act of joint inspection of the facilities confirmed the fact that the premises were being repaired by the defendant, as well as their use for their intended purpose.

How to draw up a notice of termination of a contract - sample?

Agroindustrial Complex of the Russian Federation). The lender is also obliged to follow the procedure for submitting a request for termination of the contract. It can be filed in court only after the borrower refuses to terminate the agreement or does not respond within the prescribed period.
452

Civil Code of the Russian Federation). The plaintiff must send a proposal to terminate the contract to the defendant in writing. Then, as evidence of attempts to pre-trial resolve the issue, he will be able to present to the court a letter and a postal notification with a mark of delivery of registered mail to the borrower (Resolution of the Federal Antimonopoly Service of the Eastern Military District dated January 29, 2007 N A29-4536/2006-2e).

Analysis of judicial practice showed the following.

Under agreements for gratuitous use, the object of which is state and municipal real estate, evidence in court is often acts of commissions on the part of the lender, as well as testimony of witnesses, documents indicating that the borrower transferred the premises to third parties without the consent of the lender.

In one case, the judges, satisfying the lender's request to terminate the contract, proceeded from the fact that the premises were transferred to the defendant for an office, a filming pavilion and a video editing studio, but they were equipped with a weapons room of a third party (a security agency). To confirm this fact, the plaintiff presented a free use agreement for the transfer of premises for an office, pavilion and studio; sanitary and epidemiological conclusion; room inspection report.

Termination of a contract for the gratuitous use of non-residential premises The gratuitous use of an apartment differs from other contracts. The loan is given free of charge. The loan agreement is drawn up in writing; in any case, it is necessary if at least one of the parties represents a legal entity.

In this article we will look at how a contract for the gratuitous use of residential and non-residential premises is terminated. To resolve the issue related to termination of the free use agreement, you only need to:

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☎ for Moscow and Moscow Region: 8 0 ☎ for St. Petersburg and Leningrad Region Termination of the contract for free use of an apartment unilaterally and by agreement of the parties Free use can be terminated by agreement of the parties.

Before applying to a judicial authority, it is mandatory to comply with the pre-trial procedure. Termination of a contract for the gratuitous use of non-residential premises The loan agreement is also concluded regarding non-residential premises, which cannot be used only for residence. There is no need for repairs or cleaning, however there may be exceptions. For example, office space. There are no high requirements for the availability of utilities and plumbing.

The agreement for the gratuitous use of premises is terminated for the same reasons and in the same way as the corresponding agreement regarding residential premises. When drawing up a termination agreement for the gratuitous use of residential and non-residential premises, be sure to seek help from a lawyer.

Address: CLAIMSIn the procedure for pre-trial settlement of a dispute regarding the termination of a contract for the gratuitous use of residential premises and deregistration I, , am the owner of a residential building with a total area of sq.m., located at the address: . The right of ownership to the specified residential area belongs to me on the basis of a certificate of state registration license series No. from

The following are registered in the indicated house: , born; , b.o.b. (nephew); year, on the basis of an agreement for the free use of residential premises, the specified residential building was provided to you for use, with the right to register at this address. But despite the fact that you were granted the right to live in a residential building that belongs to us, you did not live in it all this time, and at the moment you also have not lived there since a year.

Before applying to a judicial authority, it is mandatory to comply with the pre-trial procedure.

Termination of a contract for the gratuitous use of non-residential premises The loan agreement is also concluded regarding non-residential premises, which cannot be used only for residence.

For example, office space. There are no high requirements for the availability of utilities and plumbing. The agreement for the gratuitous use of premises is terminated for the same reasons and in the same way as the corresponding agreement regarding residential premises. When drawing up a termination agreement for the gratuitous use of residential and non-residential premises, be sure to seek help from a lawyer.

We invite you to read: Accounting for land in accounting

The Civil Code provides a list of such significant violations by the parties to the loan agreement.

The list is not exhaustive, since in accordance with the general rules (sub.

2 p. 2 art. 450 of the Civil Code of the Russian Federation), the agreement may also provide for other cases that give the parties the right to demand termination of the agreement (such a case may be, for example, the need for the lender to use the subject of the loan agreement). In accordance with paragraph 2 of Art. 452 of the Civil Code, the party demanding termination of the contract must provide for a pre-trial procedure for resolving the dispute.

Article 699 of the Civil Code establishes cases of unilateral refusal of a contract, i.e. termination of the contract out of court. In addition to the norm of paragraph 3 of Art. 450 of the Civil Code establishes a period (one month, unless otherwise provided by the parties), the expiration of which from the day one party receives a notice from the other party about the refusal of the contract entails termination of the contract.

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5.2.8. Timely carry out, at your own expense, major and current repairs of the used premises with prior written notification to the Lender, take part in the current and major repairs of the building, engineering and technical communications, as well as in measures to improve the territory surrounding the building, carried out by the Lender or the balance holder in accordance with separate agreements. A different procedure and conditions for carrying out major and current repairs may be established in an additional agreement to the Agreement.

8.4. If any provision of the Agreement becomes invalid, this does not affect the validity of the remaining provisions. In this case, the parties, as far as legally permissible, agree as soon as possible to replace the invalid provision with a provision that preserves the economic interests of the parties.

Free contract

The possibility of concluding a gratuitous contract is indicated in Art. 423 of the Civil Code of the Russian Federation, according to which an agreement is recognized as such if one party undertakes to provide something to the other party without receiving payment or any other counter-provision from it. At the same time, the Civil Code does not stipulate the procedure and conditions of a gratuitous contract for the provision of services.

A peculiarity of agreements on the performance of work and the provision of services on a free basis is the absence of conditions on remuneration for goods supplied or services performed, while a block of information about responsibility for failure to fulfill obligations assumed must be present. The absence of requirements for payment for services does not mean that one of the parties has the right to fulfill its obligations partially or in full, but in violation of other standards. Thus, the characteristic features of gratuitous contracts are the absence of payment terms and requirements for the payment of penalties or compensation for damages for improper or incomplete fulfillment of obligations.

The contract specifies the following conditions:

the name of the document in which the gratuitous condition will appear;
date and place of conclusion of the agreement;
details of all parties involved;
the subject of the agreement with a detailed description of the services or work performed and the deadline for their implementation;
guarantees that the parties to the transaction will fulfill their obligations;
contract time;
signatures of the parties.

Agreement for free use of non-residential premises: sample filling

When transferring non-residential premises from the owner to a person who will use it for commercial purposes, it is necessary to draw up an Acceptance Certificate signed by representatives of both interested parties. Before signing the contract, the one who will use the premises has the right, in the presence of the owner, to inspect the premises in order to determine whether it meets the requirements for it.

An important point in concluding an agreement for the gratuitous use of non-residential premises can be considered the possibility of changing the parties. According to the law, the rental of premises for free use can be carried out by other persons (the rights of the recipient at this moment do not change in any way).

Between which persons is it possible to provide services free of charge?

Works differ from services only in that they have a material result, and services are inextricably linked with the performer and do not exist separately in the material world.

The main feature of a contract for the provision of gratuitous services is that it often presupposes the existence of a trusting (fiduciary) relationship between the parties, since the absence of consideration (i.e. remuneration) mainly occurs when there are close personal relationships. Other examples of fiduciary contracts are donation or gratuitous use.

The lack of benefit for the performer often leads to the fact that such an agreement between legal entities can be recognized as a donation. When drawing up an agreement, one should take into account the fact that judicial practice often follows this rule, and as a general rule, donation is prohibited between legal entities.

But in some cases it is possible to conclude an agreement for the provision of services free of charge between legal entities. For example, if the services are a donation, that is, the performer provides them for a generally beneficial purpose. Thus, a limited liability company can provide free accounting or legal outsourcing to charitable foundations.

However, an agreement for the provision of services free of charge can be concluded even by commercial organizations with clients as part of promotions. An agreement for the provision of services free of charge can be concluded between an individual and a legal entity also for the purposes of charity.

For individuals, everything is a little simpler. They can conclude such an agreement among themselves and freely execute it.

To be discharged from the apartment under a contract of free use upon termination of the contract

Is it currently registered at your address? This is where you send the notice to. As at your last known residential address. Of course, you cannot receive a letter addressed to him. The eviction claim could also be filed at your address. If the defendant reports that territorial jurisdiction has not been respected, so much the better. But in this case, there is no eviction - he does not live in your apartment, he is only registered in it at his place of residence.

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And keep in mind that the cost of utilities that the tenant consumes, but which are not the cost of maintaining the owner’s property, includes only the cost of water supply and sewerage, gas supply, and sometimes garbage removal. Electricity is also possible, but here it is impossible to isolate the resident’s consumption, so it is excluded. Other expenses - maintenance, heating, etc. - these are your expenses for maintaining your property and it will not be possible to collect them accurately.

Agreement for free use of non-residential premises

The parties to the agreement for the gratuitous use of premises are the lender and the borrower. They can be any subjects of civil law. The lender is the owner of the transferred property or a trustee. Borrower – any individual or legal entity. However, in cases provided for by law or by the borrower himself, only special entities can receive something on loan (a university grants the right to use the library only to its students).

The essential terms of the agreement are its subject matter and gratuitousness. If there is no data in the agreement for the gratuitous use of non-residential premises in 2020 that would allow identifying the non-residential premises being transferred on loan, the condition on the subject is considered inconsistent, and the corresponding agreement is considered not concluded (clause 3 of Article 607 of the Civil Code of the Russian Federation).

How to terminate a free use agreement

Instructions 1 Read carefully the agreement concluded between the lender and the borrower.

Find out whether the terms of the agreement are discussed, and what terms are necessary for the lender or borrower to be promptly warned about actions to terminate the agreement by the other party.

2 If the contract does not indicate the duration of its validity, then the contract is considered to be of unlimited duration (which may not be specifically specified).

If the agreement does not specify the time period within which the lender and the borrower are obliged to notify the other party of termination of the agreement, then this period is considered to be 1 month.

3 The contract must indicate all the conditions under which the property was provided.

In addition, all documents confirming the satisfactory condition of the property upon inspection by both parties must be attached to the contract.

Agreement for free use of non-residential premises

Agreement for free use and disputes regarding it

An agreement for the gratuitous use of property is a type of agreement under which one of the participants, acting as a lender, undertakes to transfer the thing for free use to another participant, acting as a borrower. In turn, the latter undertakes to return the item received under the conditions specified in the contract. It is this document that refers to the types of contracts aimed at the exploitation of property.

Quite often, an agreement for the gratuitous use of premises or other property can be used as a loan agreement. Since it can be long-term or short-term, the contract itself can be both consensual and real. A real contract is one-sided, since obligations upon its conclusion arise only on the part of the borrower. A consensual agreement can be bilateral, since in the process of its conclusion, responsibilities arise for both participants in legal relations.

An agreement for the gratuitous use of non-residential premises or other property has some similarities with a lease agreement, and the main one is gratuitousness. But regardless of what considerations the owner of the property is guided by when, under the contract, he transfers it for free use, sooner or later he will decide to return it to his possession. This may even happen before the agreement expires. For example, if the owner of the property finds a more profitable partner who is willing to pay a larger amount of money or enter into an agreement for a longer period. Is it possible in this case to terminate the contract without waiting for its expiration date? Paragraph 1 of Article 450 of the Civil Code of the Russian Federation and Article 451 of the Civil Code of the Russian Federation provide for the possibility of such actions.

Early termination of a gratuitous use agreement is possible in the following cases: - the borrower uses the item not in accordance with its name or the terms of the agreement; — failure by the borrower to fulfill obligations to maintain and maintain the property in proper form; — significant deterioration by the borrower of the condition of the property; — transfer by the borrower of property to third parties without the consent of the lender.

Of course, not only the conclusion of an agreement for the gratuitous use of property must be carried out according to the rules - this also applies to the procedure for terminating the agreement. So the lender must follow the procedure for submitting demands for termination of the contract. First, he addresses this issue directly to the borrower, and if he gives a negative answer, then in this case the lender receives the right to file a claim in court. As for the timing of receiving a response from the borrower, usually, when submitting a claim, the lender must indicate the number of days required to make a decision. If this has not been done, the period for consideration of the lender's claim is 30 days.

When turning to the court of appeal to protect the interests of the organization, be prepared for the fact that this will require a lot of physical, moral and material costs from you. It is much better if you entrust your case to a competent lawyer who will adequately represent your interests in court and help you collect all the necessary documents and evidence. This is exactly how our specialists work! Speed, professionalism, legal accuracy and literacy - these are the advantages that many of our clients have already appreciated! Trust us to protect your interests!

Sample agreement for free use of non-residential premises

Upon termination of the agreement (for any reason), the Borrower is obliged to hand over to the Lender, within ten days from the date of termination of the agreement, the premises that were transferred to him, in addition, the areas of the rented premises must be in the same condition in which he received them, taking into account wear and tear and various changes, which were agreed upon by the parties. The duration of the agreement is agreed upon by the parties and is fixed in the agreement.

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One of the main conditions of a contract for the gratuitous use of non-residential premises is the chance of a change in the parties. The law states that the rights of the leasing party can be exercised through third parties (the recipient's right to use the premises does not terminate at this time).

Sample

As mentioned earlier, the form of gratuitous contracts is no different from the form of paid ones. Therefore, when drawing up an agreement for the provision of services free of charge, you should adhere to the standard fee-based template.

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Termination of the contract for free use of an apartment

Free use of an apartment differs from other agreements. The loan is given free of charge. The loan agreement is drawn up in writing; in any case, it is necessary if at least one of the parties represents a legal entity. In this article we will look at how a contract for the gratuitous use of residential and non-residential premises is terminated.

The lender is not given the right to unilaterally refuse an agreement concluded for a certain period, and he can only demand its early termination. Termination of the contract early at the request of one of the parties is carried out by a court decision (a statement of claim is being prepared).

What is a gratuitous contract?

A gratuitous contract is a civil law transaction in which one party provides a product and/or service to the other party without receiving payment or any consideration in return (service, product, interest, etc.).

The parties to the transaction can be individuals and legal entities, as well as individual entrepreneurs, however, in the case of legal entities and individual entrepreneurs, the possibility of concluding a gratuitous agreement is seriously limited.

The object of the transaction can be material objects and/or services - this could be the rental of real estate, the use of equipment, a cash loan, and so on. The procedure and conditions for concluding an agreement are regulated by the Civil Code (Civil Code of the Russian Federation).

Main features of the free contract:

Legal entities and individual entrepreneurs that are registered as commercial companies are prohibited from entering into gratuitous transactions between themselves and with employees of their company if one of the parties receives a benefit of more than 3,000 rubles. The fact is that the activities of commercial companies, by law, must be aimed at making a profit, and concluding gratuitous transactions can serve as a distraction for tax evasion.
The condition of gratuitousness must be specified in the text of the agreement, since without specifying this condition, by default all agreements are considered compensated. If the condition of gratuitousness was not explicitly stated in the contract, then in this case the transaction may be recognized by the court as void, which implies the annulment of the contract and mutual bilateral restitution (that is, the parties to the transaction will have to compensate for mutual expenses; if one of the parties cannot compensate for the expenses at a given moment, then in this case she must sign a special agreement that will regulate the procedure for repaying the debt).
Typically, gratuitous agreements are subject to taxation, but the payment of taxes and fees may differ significantly from the case of compensated transactions.
Most gratuitous agreements are concluded in writing (although state registration is usually not required), however, in the case of small profits, the agreement may be concluded orally.

Agreement for free use of non-residential premises

6.1. The lender has the right to alienate the premises or transfer it for compensated use to a third party. In this case, the rights under this agreement are transferred to the new owner or user, and his rights in relation to the premises are encumbered by the rights of the Borrower.

1.1. Under this agreement, the Lender undertakes to transfer non-residential premises with an area of sq. m. to the Borrower for free temporary use. m, located in house No. at the address: , hereinafter referred to as “premises”, in a condition suitable for its intended use. Upon termination of the agreement, the Borrower undertakes to return the premises in the condition in which he received it, taking into account normal wear and tear.

Agreement for the provision of free services

[place of conclusion of the contract] [day, month, year]

[Full name of the legal entity], represented by [F. I. O., position], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as “Executor”, on the one hand, and [full name of the legal entity] represented by [F. I. O., position], acting on the basis of the [Charter, regulations, power of attorney], hereinafter referred to as the “Customer”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.1. Under this Agreement, the Contractor undertakes, on the instructions of the Customer, to provide services free of charge for [specify the type of services provided].

1.2. The contractor provides services personally.

1.3. The quality criteria for the services provided by the Contractor are:

1.3.1. [fill in as required].

1.4. The term for the provision of services is [fill in what is required].

2. Responsibilities of the Parties

2.1. The performer is obliged:

2.1.1. Provide the Customer with services of appropriate quality in the manner and within the time limits provided for in this Agreement.

2.1.2. Proceed to fulfill your obligations assumed under this Agreement no later than [deadline].

2.2. The customer is obliged:

2.2.1. Provide assistance to the Contractor for the proper performance of duties, including providing the Contractor with all necessary information and documentation related to the activities of the services provided.

2.2.2. The Customer is obliged to reimburse the Contractor for all expenses incurred in connection with the performance of obligations under this Agreement.

3. Responsibility of the Parties

3.1. The parties are responsible for non-fulfillment or improper fulfillment of obligations under this agreement in accordance with the current legislation of Russia.

4. Final provisions

4.1. This Agreement is drawn up in two copies having equal legal force, one for each of the parties.

4.2. This Agreement comes into force from the moment of its conclusion and is valid until the Parties fully fulfill their obligations.

4.3. This agreement may be terminated at any time at the initiative of either party. In this case, the initiative party is obliged to send the other party a notice of termination of this agreement no later than [value] days before such termination.

4.4. In everything that is not provided for in this Agreement, the Parties are guided by current legislation.

5. Details and signatures of the Parties

Executor Customer

[fill in as needed] [fill in as needed]

Agreement for free use of non-residential premises

In accordance with paragraph 3 of Art. 607 of the Civil Code of the Russian Federation, the lease agreement must contain data that makes it possible to definitely establish the property to be transferred to the lessee as the object of lease. In the absence of this data in the contract, the condition regarding the object to be leased is considered not agreed upon by the parties, and the corresponding contract is not considered concluded.

We are an educational institution and we want to rent classrooms in the state free of charge. university in our city! We cannot conclude a contract for free use, since we have to pay income tax, and rent still means money! Tell me how best to formalize our relationship with the government. university in the audience? Thank you in advance!

Claim for termination of the contract for the gratuitous use of residential premises

____________________________________ Address:______________________________

CLAIM As a pre-trial settlement of a dispute regarding termination of a contract for the gratuitous use of residential premises and deregistration

I, _____________________________, am the owner of a residential building with a total area of ___ sq.m., located at the address: ______________________. The ownership of the specified living space belongs to me on the basis of the certificate of state registration of rights, series _____ No. __________ dated ____________. The following persons are registered in the specified house: ____________________, born __________; ____________________, born __________ (nephew);

____________, on the basis of an agreement for the free use of residential premises, the specified residential building was provided to you for use, with the right to register at this address. But despite the fact that you were granted the right to live in a residential building that belongs to us, you did not live in it all this time, and at the moment you also have not lived since ______________ because... sentenced to two years and eight months in prison. You and I do not run a joint household; we do not have a common family budget. As stated above, you do not live in the residential area in question and do not store your belongings in the house. You did not fulfill your obligations arising from the right to use residential premises throughout the entire above-mentioned period of time, including not paying for housing and utilities, despite the fact that these obligations were assigned to you by a gratuitous agreement concluded between us use of residential premises. I, ____________________________, am writing to you with demands for early termination of the contract for the free use of residential premises and cancellation of registration at this address. Based on the foregoing, by your unlawful actions you are violating the terms of the agreement concluded between us and, accordingly, my rights as the owner of the residential premises. According to paragraph 1 of Art. 689 of the Civil Code of the Russian Federation, under an agreement for gratuitous use (loan agreement), one party (the lender) undertakes to transfer or transfers an item for gratuitous temporary use to the other party (the borrower), and the latter undertakes to return the same item in the condition in which it received it, taking into account normal wear and tear or in contract condition. In accordance with Art. 698 of the Civil Code of the Russian Federation, the lender has the right to demand early termination of the agreement for gratuitous use in cases where the borrower: - uses the thing not in accordance with the agreement or the purpose of the thing; - fails to fulfill obligations to maintain the thing in good condition or its contents; - significantly worsens the condition of the thing; - transferred the item to a third party without the consent of the lender.

Taking into account all of the above, I, as the owner of the living space, in case of violation of the terms of the contract concluded with you, have the right to demand its termination in court.

Based on the foregoing,

ASK:

1. Consent to terminate the agreement for the gratuitous use of residential premises located at the address: _______________________, concluded between me, ______________________ and _________________ dated _____________. 2. De-register residential building No. ___, located at: _________________________________________.

"___" ___________________ G. _______________________

Termination of the contract for free use

How to draw up a notice of termination of a contract - sample?

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Free contract

Agreement for free use of non-residential premises: sample filling

Between which persons is it possible to provide services free of charge?

To be discharged from the apartment under a contract of free use upon termination of the contract

Agreement for free use of non-residential premises

How to terminate a free use agreement

Agreement for free use of non-residential premises

Agreement for free use and disputes regarding it

Sample agreement for free use of non-residential premises

Sample

See also:

Termination of the contract for free use of an apartment

What is a gratuitous contract?

Agreement for free use of non-residential premises

Agreement for the provision of free services

Agreement for free use of non-residential premises

Claim for termination of the contract for the gratuitous use of residential premises