Re-registration of the right of permanent perpetual use to the right of ownership or lease: before and after July 1, 2012. -Articles

Legal aspects of renting an apartment with subsequent purchase

In Western European countries, the service of renting housing with subsequent purchase is in great demand.
In the United States, some millionaires sell apartments purchased with mortgages from banks in this way. Is this kind of home buying common in Russia? What is needed to implement it? If the agreement on renting an apartment with subsequent purchase does not stipulate the possibility of changing the rent and the final cost of housing, then it is impossible to reduce or increase them, no matter how prices change on the market. This nuance is the disadvantage of renting out housing with subsequent purchase.

Good to know

The signing of such an agreement does not imply the transfer of ownership of the rented apartment until its full cost has been paid and the ownership rights to it have been registered in accordance with the law. The value of the redemption property is calculated based on its assessment by independent experts or the results of the auction. A person who rents this residential space must make full rent and payments for the purchase of this apartment. Payments for renting real estate are made every month, and payments for purchasing an apartment are made at the end of each quarter. A mandatory point in the purchase of an apartment that is leased is that the period for purchasing the apartment should not be longer than the period under the lease agreement.

The first payment for the purchase of an apartment that is rented must be made no later than the expiration of 1 calendar year from the date of conclusion of the lease agreement with further purchase of the apartment. The price of a property leased with an option to buy can be paid both in the first payment and before the expiration of the lease agreement with an option to buy. If the full cost of the living space is repaid by the tenant ahead of schedule, and the tenant does not have any obligations to the person from whom he rented this living space, then ownership of the apartment is registered before the end of the lease agreement with the right to purchase the living space. But a prerequisite for early receipt of ownership rights to this residential premises is the full agreement of both parties signing a lease agreement with the right to subsequently purchase the property. At the same time, it must be documented, that is, another agreement is signed, which states that the previous owners do not have any claims against you, and you have obligations to them. This document is an attribute of signing the main lease agreement with the further purchase of residential space.

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To conclude a lease agreement with the right to buy, you need documents that are not much different from a purchase and sale transaction:

Identity cards (passports of the parties)
Technical and cadastral passport of the apartment
Consents from spouses, marriage certificate
Certificate of registration of rights to an apartment
Extract from Rosreestr about the absence of arrests and encumbrances
Apartment cost estimate
Certificates of absence of utility debts
Lease agreement for this property

In addition to these basic documents, the seller (lessor) needs to open a separate bank account to receive funds for payment.

Renting housing with subsequent purchase is not something new in Russian legislation. A not entirely standard, in our opinion, method of purchasing residential premises is quite convenient for the buyer (tenant), since it gives him the opportunity to live in the apartment until he acquires ownership of it.

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It is located within walking distance from the metro, as well as close to two MCC stations in a dynamically developing new area with high business activity and established residential development.

The owner of the property is protected, since ownership of the property is transferred to the tenant only after payment of the entire cost of housing, which is fixed in the contract.

We will rent a room to a man of Slavic appearance. A kind and sweet dog (Dalmatian) lives in the apartment. Water, electricity, internet are included in the price. A young couple lives in the next room. Not an agency. Borovskoye Shosse metro station is 1 minute walk away. ...

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How does the rental of apartments with subsequent purchase proceed?

This scheme for the sale of residential premises may be of interest as an investment for owners who are ready to invest their own funds in the purchase of real estate in order to generate income or for owners of luxury real estate. Thus, currently there are a number of investment companies that are ready to offer the purchase of an apartment on a rental basis with subsequent purchase, however, the period of purchase in such companies is limited and does not exceed 15 years.

It is important to consider that this type of agreement is concluded in the form provided for a purchase and sale agreement. That is, in fact, you are purchasing a future home. In this regard, either in the contract itself or in an additional agreement to it, it is necessary to agree on the price for which you will purchase the residential premises.

Rent with purchase of an apartment or the reality of the AMZK Program

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The transaction is not limited by strict boundaries; in each case, the tenant and the seller can agree on how it is beneficial for them. It all depends on the wishes of the seller and the capabilities of the tenant-buyer.

A one-room comfortable large apartment with modern decoration in a brick house is rented from the owner. Communications are provided: hot water supply, gas. The apartment is fully furnished with all the furniture necessary for a comfortable life. The apartment windows face the courtyard and the street side. Floor-to-ceiling windows, one balcony. In the local area there is…

The deal is almost no different from a regular rental property, hence the name. Three parties take part in the process: the owner of the property, the buyer-tenant and a professional broker - lawyer, agency or real estate agent.

The owner rents out a cozy apartment on the 9th floor in a 17-story brick building for a long time. All furniture is provided for use. All necessary household appliances: microwave, kettle, dishwasher, hair dryer, TV, stove, air conditioner, washing machine, refrigerator, iron. The apartment windows overlook a quiet courtyard and the street. Conducted…

For homeowners who are ready to invest their own funds in the purchase of real estate and then receive income from it, a rental with subsequent purchase scheme may be of interest as an investment. Some investment companies offer the purchase of an apartment or house on a rental basis with subsequent purchase.

I'll rent a room with a subsequent purchase

We draw up a long-term lease agreement, which outlines all the details of cooperation. Some parts of it are discussed with the client and the most favorable conditions are selected. This flexibility allows you to conclude a deal on mutually beneficial terms. If a client wants to rent a car that is not in our fleet, we will help with this. buys a car and trades it in.

Rental with the possibility of subsequent purchase applies to any car presented in. The main advantage of the service is that it provides the opportunity to replace the vehicle. In addition, the client can refuse the purchase and terminate the transaction at any time.

Apartment rental with option to buy

The opportunity to buy out a share in an apartment on the real estate market is not so common, however, it is still possible to find an option that is more affordable from a financial point of view, since part of the housing will naturally cost less than the whole apartment.

Recently, such a form of solving the housing problem as renting an apartment with the right to purchase has become available. The essence of this method is that the state purchases housing from the developer, and then offers to buy it on favorable terms to potential buyers.

Features of renting houses with subsequent purchase

It is quite difficult to draw up such an agreement on your own, which is why it is difficult to refuse to contact a specialized specialist.
Due to the fact that the legislation in force in the country does not have a sufficiently clear recommendation for such an agreement, it is best to use it only in cases where a trusting relationship is established between both parties. For example, such an agreement is often concluded between relatives or close people. In such a situation, such an agreement will be purely formal. In addition, if any disputes arise between the parties, the confidential nature of concluding such an agreement will only play into the hands. This way you won’t have to go to court to resolve the conflict.
One of the most fundamentally important and difficult issues when concluding such an agreement is the significant issue of price. As a rule, this price is set higher than the price of an apartment. With this, the lessor tries to protect himself from all kinds of risks.

The apartment should not be on the top floor if the building is an apartment building.
The rented house should not be in disrepair and should not be made of wood.
A kitchen in such a room should not be less than 6 m2.
In the surrounding area there should also be kindergartens, schools and at least 1 bus stop.

Lease agreement with subsequent purchase

Important! The rental payment made by the lessee is the rental payment and payment of the redemption price of the car. If the contract is terminated before its expiration or without full payment of the redemption price, the lessee has no right to demand the amount paid, since it is payment for the right to use and own the car.

A full description of the subject of the contract - the address of the property, its area, number of rooms, etc. An integral part of the document is the acceptance certificate, which reflects the condition of the apartment at the time of its transfer to the tenant for use.

Important! One of the risks of such a transaction is the ability of the lessor to dispose of the property before the transfer of ownership. That is, even if at the time of signing the lease with subsequent purchase agreement, all documents confirming the absence of encumbrances on the apartment are provided, there is no guarantee that upon expiration of its validity and the fulfillment by the tenant of all obligations, the residential premises will not be under collateral or under arrest.

Transfer of ownership under the contract - this moment can be either the termination of the contract or the expiration of the contract - the fact of payment of the entire amount of the redemption price of the housing. Let us remind you that a lease with subsequent purchase agreement is concluded for up to 5 years and is subject to mandatory state registration upon transfer of ownership.
Rental price and purchase price - without specifying this information, the contract will be considered unconcluded.
The terms and procedure for payment are one of the main provisions of the contract. If the parties have not agreed on the moment of price fluctuations in the real estate market, in the future they may enter into an additional agreement on price indexation. However, it is better to initially include this clause in the contract and establish the final cost of housing.

How to rent an apartment with subsequent purchase

Advice from lawyers:

1. I am interested in the question of how to properly rent an apartment with subsequent purchase?

1.1. Good day! It is necessary to conclude a commercial lease agreement, in which, in accordance with Article 421 of the Civil Code of the Russian Federation, the conditions for a possible buyout must be specified.

Did the answer help you?YesNo

1.2. It is necessary to conclude an agreement in which the conditions for subsequent repurchase are specified. Article 421 of the Civil Code. Good luck to you.

Did the answer help you?YesNo

1.3. You must enter into a lease agreement with subsequent purchase in accordance with the Civil Code of the Russian Federation, if you cannot draw up the document yourself. Seek legal assistance from any lawyer on the site via PM. Good luck to you.

Did the answer help you?YesNo

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2. How is it legally correct to rent an apartment with subsequent purchase?

2.1. To do this, you need to draw up an appropriate agreement.

Did the answer help you?YesNo

3. I would like to rent an apartment with subsequent purchase? How can I do that?

3.1. Elena, the question is whether someone would be willing to rent out your apartment and then buy it out. As they say, if he eats, he eats, but who will give it to him? What's the point of someone going through this if they can just rent it out and remain the owner. If you find such a willing person, you can, for example, enter into an installment purchase agreement or some other agreement.

Did the answer help you?YesNo

4. We want to rent an apartment for a year with subsequent purchase. We agreed with the buyer that we would rent and buy for a year, no deposit. The seller is worried that in the end we may not buy the apartment. Please tell me how to correctly spell out all the guarantees in the contract, so that both we and the seller can feel at ease.

4.1. Irina, immediately draw up a lease agreement with subsequent purchase and in the agreement directly indicate what amount goes towards the rent, what amount goes towards the buyout and what amount will be paid when registering the agreement in Rosreestr.

Did the answer help you?YesNo

5. I want to rent an apartment with subsequent purchase, the landlady wants to conclude an agreement. What's the best way to do all this?

5.1. By concluding a separate agreement of intent (the so-called Preliminary Agreement), which, among other things, clearly states all your nuances regarding the future transaction, etc.

Did the answer help you?YesNo

6. I rented an apartment with subsequent purchase in installments for two years! The owner of this apartment and I wrote an agreement on a regular piece of paper from a notebook. Is this right or wrong?

6.1. It is advisable to formalize such things in the proper form and in the presence of at least a notary. The leasing agreement must be registered with the territorial bodies of Rosreestr if real estate is leased or if the leased property includes a real estate property. For example, a vehicle and a garage for it are leased at the same time. An agreement that is necessarily subject to state registration will be considered concluded from the moment of such registration. If such an agreement is not registered, it will be considered unconcluded, and therefore will not entail legal consequences for the parties. In accordance with current legislation, the subject of leasing can be any non-consumable things, including enterprises and other property complexes, buildings, structures, equipment, vehicles and other movable and immovable property. A leasing agreement is quite common in business and can be an excellent solution in a situation where an entrepreneur does not have enough working capital to purchase expensive equipment, vehicles, and structures. Although a leasing agreement is a type of rental agreement, its features are regulated not only by Articles 665 - 670 of the Civil Code of the Russian Federation, but also by the special law “On Leasing” No. 164-FZ of October 29, 1998.

Did the answer help you?YesNo

7. We want to rent an apartment with subsequent purchase, but there is an apartment for three owners. The apartment was municipal. The husband and wife privatized their shares and are now selling them, but the third party did not privatize their share; now she is sick with the last stage of oncology. Will it be possible to privatize this share and buy it out to new owners? Or will it remain municipal? Or it (the share) can be received as for the expansion of housing because we have 5 children?

7.1. Dear Anna! If the shares being sold are isolated from the non-privatized share, you have the right to enter into a purchase and sale transaction for these shares. After registering ownership rights to yourself, you will present the municipal owner with the fact that the apartment is one and 2/3 of it was purchased by you from the previous owners, due to which you have the right to privatize the municipal share.

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8. My husband and I want to rent an apartment with a subsequent purchase. My husband has been working for less than a month and is a civil servant. Will he be approved for a mortgage if he works there for more than half a year?

8.1. Good day, dear visitor. Of course, in this situation you also need to look at the amount of income, whether you work and your credit history. Good luck in resolving your issue.

Did the answer help you?YesNo

8.2. Good day to you. In this case, you need to look at your income and credit history. I wish you good luck in resolving your issue.

Did the answer help you?YesNo

9. I rented an apartment with subsequent purchase. Since I’m first in line under the program, the administration told me that as soon as the payment arrives, I’ll receive it, but for insurance, the landlady from whom I rented the apartment and I went to the administration and the owner of the apartment confirmed that I was in line, she agreed. The question is, since I have a witness, the owner of the apartment, can they deceive me?

9.1. Good afternoon. Who can deceive you. The question is how the apartment will be redeemed. What are the administration’s obligations to you and how are they secured?

Did the answer help you?YesNo

9.2. Please clarify - which official specifically told you what and when, which administration - the employer, the district or city administration? Have you or the owner of the apartment you are renting submitted a written application to the administration and have you received a written response? Have you concluded an agreement? What decision put you on the waiting list? Texts of the Housing Code of the Russian Federation and norms of housing legislation are available on the Internet. If you think. That your rights may be violated. You can contact the district prosecutor's office.

Did the answer help you?YesNo

10. I am in line for the “State Budgetary Sector Employee” program, I am first in line, they gave me consent that I can rent an apartment with subsequent purchase. And they said how regional payments would be, I would receive the first. The question is: can I be deceived? How to draw up a contract correctly. If possible, what sample?

10.1. Consultations on such issues are subject to payment. Contact any lawyer on 9111 account for help. Thank you for your request.

Did the answer help you?YesNo

11. I am in line for the “State Budgetary Sector Employee” program, I am first in line, they gave me consent that I can rent an apartment with subsequent purchase. And they said how regional payments would be, I would receive the first. The question is: can I be deceived?

11.1. Good day! To avoid being deceived, draw up an agreement and indicate in it ALL the essential points specified in the question. Good luck to YOU! Always happy to help.

Did the answer help you?YesNo

11.2. Good morning, have you drawn up some kind of agreement where this is stated, but it just may turn out that someone is luckier than you or, as happens, someone’s relative will appear.

Did the answer help you?YesNo

12. We rented an apartment with subsequent purchase, there is a notarized document stating that the seller undertakes to sell the apartment using maternity capital. The apartment was renovated. The seller died, the heirs promised to sell the apartment, now they refuse to sell it to me, I want compensation for damages for repairs.

12.1. Good afternoon In this case, if they refuse to compensate for the damage voluntarily, then you need to go to court and demand compensation, indicate that you did the repairs because you were sure that you would acquire ownership of the apartment, since you had a document regarding this.

Did the answer help you?YesNo

13. We rented an apartment with a subsequent purchase, many nuances arose regarding the apartment, we decided to refuse, the “owners” do not want to reimburse the costs of repairs, what should we do?

13.1. Good afternoon First of all, review the terms of the contract and the procedure for refusal and termination of the contract, as for repairs; if there was an agreement on reimbursement, but they refuse to reimburse expenses, then only go to court and recover in court as unjust enrichment in accordance with Art. 1102 of the Civil Code of the Russian Federation.

Did the answer help you?YesNo

13.2. Good day. Go to court and recover in court, but you will need to prove the validity of the amount spent on repairs.

Did the answer help you?YesNo

13.3. If you drew up an agreement and specified all the conditions for termination in the agreement, then act in accordance with the concluded agreement. If the contract did not stipulate repairs at your expense, then the owner may generally oblige you to bring the apartment to its original condition. All your actions with other people's property must be documented.

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13.4. If a written contract was not concluded, then of course it will be difficult to return the money for repairs, especially if there is no act of acceptance of the transfer of the apartment indicating its condition at the time of your move-in.

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14. We rented an apartment with a subsequent purchase, the apartment is in terrible condition, there are mice and bedbugs. Before moving in, with the consent of the owners, they poisoned bedbugs, made cosmetic repairs, now they have abandoned the apartment, but the owners do not want to reimburse the expenses, what should I do?

14.1. Hello, first of all, you need to study the agreement between you that you have concluded. Contact a lawyer with your documents in person in your city, then you will receive a professional answer. Thank you for your contact to our website. Good luck to you.

Did the answer help you?YesNo

15. We rented an apartment with a possible subsequent purchase in installments. The owners said that when you start buying, we will draw up everything legally. We gathered there to do repairs because... there were no living conditions. The owners said that even if the sale doesn’t work out, we will return everything using checks + work. No agreements were concluded. We made repairs for 100,000 (this is material). The owners changed their minds about selling. And return the money too. Can we return something? There are witnesses, there are receipts.

15.1. Yes, you can try to get your invested funds back through the court. The court accepts all evidence related to the repair - receipts and witnesses and photographic evidence and so on. For this process you will have to do an assessment/examination. From the point of view of being forced to buy out the premises in court, your prospects are minimal due to the lack of a written agreement. To conduct a case in court, I can offer my services. Tel.980-00-90.

Did the answer help you?YesNo

15.2. You must have a lease agreement and it states that repair costs are subject to reimbursement. If this is not fixed in writing, you will not be able to file a claim in court for compensation of expenses. File a police report regarding fraud.

Did the answer help you?YesNo

16. I have a question. Is it possible to rent an apartment with a subsequent purchase with the participation of mat. capital? What's the best way to do this? And what you need to do? Let's say: list the swear words. capital to the apartment owner, thereby buying a share in the apartment. And the rest must be paid during the renting process.

16.1. It is necessary to conclude a purchase and sale agreement, which stipulates the procedure and terms of payment.

Did the answer help you?YesNo

16.2. If such terms of payment and accommodation are agreed upon by the owner of the apartment and you, draw up an agreement/contract with a notary and fulfill the obligations assumed under it.

Did the answer help you?YesNo

17. What are the correct conditions for renting an apartment with subsequent purchase? If I want to rent an apartment for a long time and then buy it, how can I decide on the price later?

17.1. Good afternoon It all depends on the specific situation.

Did the answer help you?YesNo

18. I want to rent an apartment with subsequent purchase, but the banks that I applied to all refuse, having heard that I am disabled. It turns out we are just the dregs of society, but how, This is the only answer in my opinion. How can you buy your own home? I’m just tired of renting them every year, as the years go by.

18.1. Hello! Apply to the city administration.

Did the answer help you?YesNo

19. There is an opportunity to rent a house (apartment) with subsequent purchase, what kind of agreement is concluded and what does it look like in general, a more detailed answer would be desirable. Thank you.

19.1. Apartment rental agreement with the right to buy. In general, all conditions are discussed. Involving a lawyer is advisable in this case, since an agreement drawn up unprofessionally will ruin the entire deal.

Did the answer help you?YesNo

19.2. You will not receive a detailed answer on the site. Contact a lawyer in person to have such an agreement drawn up for you. The contract is called a lease with subsequent purchase agreement. As a rule, deadlines and sanctions for failure to comply are indicated.

Did the answer help you?YesNo

20. Please regarding the issue of land for families with many children. We are allocated a plot, but I don’t have the opportunity to build a house, but my sister wants to build a house there and then buy out the land. Is it possible to do this and how can I sell them the land with the house that they will build? And will the guardianship authorities give permission to sell the land if I have three minor children? We are also on the waiting list for an apartment, can they remove us from it? Thank you in advance! Svetlana (Cherepovets)

20.1. Selling a house while renting is impossible, unfortunately. this is municipal property, and concluding an agreement with your sister only based on the results of the auction - let the sister contact the administration of the Moscow Region - they will not be removed from the queue - see Art. 56 LCD.

Did the answer help you?YesNo

Need some advice. I want to rent an apartment with subsequent purchase. Can I make an advance payment for the apartment at the expense of mat. capital? If yes, how to do this?

How much does it cost to rent a 3rd apartment in the Northern Administrative District of North-Eastern Administrative District of Moscow, with the subsequent purchase of a budget option.

I rented an apartment with a subsequent purchase, and within half a year almost the entire house was covered in mold.

I want to rent an apartment with subsequent purchase. Tell me, will I pay 20 thousand a month? Will this amount be deducted every month from the total amount of the apartment?

In May, my husband and I rented an apartment with a subsequent purchase; we entered into a PRELIMINARY agreement that we must purchase it by September 30, 2014.

We moved to Anapa. We rented an apartment with a subsequent purchase. After 2 years I buy it, and this house has a plot of land.

We moved to the city of Anapa. We rented an apartment with a subsequent purchase, on the 4th floor of a 5-story building, can I plant a vegetable garden in front of strangers’ windows?

My husband and I want to rent an apartment with a subsequent purchase for maternity capital.

We want to buy an apartment, but they won’t give us a mortgage. Is it possible to rent an apartment from a bank and then buy it out? What is the rental period? With a payment of 8 thousand per month.

My husband and I want to rent an apartment with the right to buy it later within 2 years. Tell me how this can be done without the risk of being deceived.

I want to rent an apartment with subsequent purchase. How to formalize this legally?

Renting an apartment with the right to buy - how to conclude an agreement

The terms of the contract are a mandatory requirement for all civil contracts, the subject of which is a transaction aimed at the sale of property. The contract can be drawn up for a short-term (1-2 years), medium-term (3-5 years) or long-term (more than 5 years). The period depends on the interest of the buyer and seller in the operational transaction, and is dictated by material considerations and the need for monetary assets.

payment and its terms . Payments can be made in non-cash or cash form. Non-monetary forms are not relevant in this situation.

Renting an apartment often seems like an impractical financial gamble in which citizens who rent housing participate. An alternative option is a mortgage or purchasing property in installments. At the same time, a mortgage is often impossible without paying high interest, and installment plans require additional money, the amount of which exceeds the costs associated with the actual rental of housing. Let’s take a closer look at how to draw up a lease with subsequent purchase agreement.

Car rental with subsequent purchase

Who doesn't dream of owning a car? However, the opportunities, unfortunately, do not allow everyone to purchase it. In the West, a solution to this problem has long been found - a car for rent with the right to buy. This is a new service on the Russian market that is gradually gaining popularity.

Renting a car with further purchase will be an excellent option for car enthusiasts who do not have a large amount of money on hand. The benefit of such a deal is undeniable: you use the car right away, and a minimum number of documents are required to draw up a contract:

Rent an apartment in Moscow with subsequent purchase without intermediaries

All terms of a lease agreement with the right to buy, namely the size of the purchase price, the amount of payment, the rental period, and so on, are regulated exclusively by the owner of the apartment and its buyer.

Often the parties do not pay attention to such details, after which disputes begin, leading to litigation. When specifying clauses in the contract, it is necessary to take into account the risks associated with the return of the amount paid to the buyer. There may also be a possibility of force majeure, for example, illness or even death of one of the parties.

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