Receipt for debt for renting an apartment sample - Apartment debts

A receipt is written proof that the seller has received money . Let me remind you that in accordance with Art. 161 of the Civil Code of the Russian Federation must be made in simple written form, with the exception of transactions that require notarization of a transaction between citizens for an amount exceeding ten thousand rubles, and in cases provided for by law, regardless of the amount of the transaction. According to Art. 162 of the Civil Code of the Russian Federation, violation of the form of transaction prescribed by law deprives the parties of the right in the event of a dispute to refer to the testimony of witnesses in support of the transaction, but does not deprive them of the right to provide written and other evidence. Therefore, only written evidence can confirm receipt of money. No testimony of witnesses can subsequently be accepted by the court and be considered as appropriate evidence. In simple terms, neither bank employees nor realtors will then be able to say that the settlement actually took place. Only properly composed, properly executed written documents can speak for witnesses.

At the beginning of my practice, there were cases in the courts when they could not establish from a receipt who was the author of a given document, since the receipt was printed and signed only at the end of the document. There were even cases when experts could not establish authenticity even from a receipt that was entirely handwritten. We are talking about the early 2000s. Now technology and science have come very far, and in my practice and recent court cases, the examination established authenticity based on just one “squiggle.”

So, the case of two brothers L., already pensioners, was interesting. One brother gave an apartment to another, but later changed his mind and stated that it was not he who submitted the documents - a gift agreement for registration. The court requested a file from Rosreestr and carried out a handwriting examination of the squiggle that the brother put on the application for state registration. At the same time, the squiggle was so insignificant and ordinary that we had very serious doubts that the experts would be able to establish something. I defended the interests of the donee brother and was on the side of the defendant. As a result, even this squiggle was enough for the experts; copies of the plaintiff’s handwriting were taken from the plaintiff’s brother and the examination established that it was he who signed the application to the registration chamber for state registration, and not someone else for him. The claim was denied.

Receipt for receiving money for renting an apartment - how to draw it up, sample

The owner of the apartment who receives the money must personally write the document . There is no need to agree to draw up an official document instead. Otherwise, the receipt may later be declared invalid.
Rarely, but there have still been cases where people used a pen with disappearing ink to write a document . As a result, the sheets became blank after a while, and the employer could not prove that he had transferred the money. Therefore, you should offer your pen and insist on using it.
It is important to check that the person indicated the address of the property for which the rental money was received.
You need to check whether the date and place of transfer of money is correct . Because without this information the document may be considered invalid.
Make sure that the originator has signed. It must also be deciphered with the full last name, first name and patronymic.

Receipt for receipt of funds for an apartment: form

The receipt form is here.

R a p i s k a

G. _______________

Moscow region "___" _________ 201 _.

I, Gr. ________________________________________, __ _______ born in 19__,

(last name, first name, patronymic in full)

living at the address: Moscow region, _____________, st. ____________, house __ (__________), apt. __ (_________________), passport: __ __ __________, issued __ _________ 20__ Department of Internal Affairs _____________ Moscow Region, unit code ___-____ received from:

Gr. _______________________________________, __ _________ born in 19__,

(last name, first name, patronymic in full)

living at the address: Moscow region, ___________, st. ____________, house (____________), apt. __ (____________), passport: __ __ _________, issued __ _________ 20__ Department of Internal Affairs ____________ Moscow Region, department code ___-____, funds in the amount of __________ (_________________________________) rubles.

I received the funds for ________________________________________________

_________________________________________________________________________________________________________________________________________________________.

Claims to ______________________________________________________________ for

(last name, first name, patronymic in full)

I actually don’t have __________________________________________________________.

_______________ (______________________________________)

(signature) (last name, first name, patronymic in full)

Validity

A receipt confirming the transfer of rent for an apartment is valid for three years from the date of its preparation. The specified period is considered common for all civil cases.

However, it is recommended to keep receipts for the entire period of the rental agreement, since the owner of the property may make claims for payment. If the document is lost, it will be impossible to prove the transfer of money. It is often advised not to destroy receipts for some time after the end of the lease agreement.

Algorithm for drawing up a receipt for renting an apartment

Sometimes landlords who rent out premises legally deliberately write down the price on the receipt in order to pay less tax. Often, it is 2 times lower than the real one (instead of 25,000 they indicate 12,000). Thus, the owner of the apartment can harm himself, because... The tenant, upon moving out, can only pay the price specified in the contract and disappear. In this case, it will be almost impossible for the owner to prove that he is right.

As a standard, in the center at the top they write the word “Receipt”, under it they specify in this connection: “on receipt of a sum of money.”

Next, on the red line, enter the city and specific address where the living space is located and the calculation is made directly.

It looks something like this: “I, such and such an owner (full full name, key passport data), received (the landlord’s receipt for receipt of rent is written briefly, but with the exact indication of all points) from (also full full name of the tenant with passport data) money in the amount of ... thousand rubles for the period .. (day, month, year in words).

Then the sentences follow: “I received the funds in accordance with the terms of the rental agreement (detailed address, agreement number, date when it was drawn up and signed). The money was transferred during the preparation of this receipt.”

At the bottom, the owner of the apartment needs to sign, again indicate his full name with a transcript and the same date as indicated in the body of the document.

Example document

Deposit when purchasing an apartment

If the buyer changes his mind about completing the transaction, the deposit is not returned. This is its difference with an advance payment - an advance payment can be transferred without a written agreement, it is also taken into account in the total amount of payment, but if the buyer refuses the transaction, the seller returns it. The difference between a deposit and a deposit when buying an apartment is that the guarantee is not money, but some kind of property. For example, a car or a plot of land. What to choose - a deposit, a deposit or an advance payment - when buying an apartment is up to you.

A deposit when buying an apartment is money that the buyer transfers to the seller before concluding a purchase and sale agreement in order to confirm his intention to complete the transaction in the future. According to Article 380 of the Civil Code of the Russian Federation, a written agreement on the deposit must be concluded regardless of the size of the amount. The money that the buyer paid as a deposit is taken into account in the total amount of the transaction.

26 Apr 2020 glavurist 195

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What should be on a receipt for receiving money?

The receipt is a reflection of the contract. Drawed up on behalf of the recipient of the money. All information on the participants, the subject of the transaction, the amount transferred, the amount of the remaining debt and the timing must be reflected, signed by the parties and certified by a witness.

Attention! The document must be handwritten only by the recipient of the money, but with your pen.

In the receipt you need to write:

date of transfer of money;
Full name of the payer and recipient;
passport details of both parties;
addresses, contact numbers;
name of the transaction object (apartment, house, plot, etc.);
exact address of the property;
what is the money transferred for (advance payment, deposit, rental payment, part of the total cost of the property, full cost, or other);
for the land plot, category, area, cadastral number, registration date, as written in the purchase and sale agreement and in the Unified State Register of Real Estate;
the amount that the seller received is recorded in figures and words;
if there are reservations, for example, “the amount received by me will be returned in double amount if I find another buyer and terminate the agreement with the deposit holder.” Details of the conditions for transferring and receiving money will be very helpful in court if you have to resolve disputes;
the name of the agreement on the basis of which the money is transferred and the date of its signing;
no complaints;
yes receiving;
signature of the recipient and presenter with a transcript. These lines must be written by each party;
Witnesses put their signatures under the document. There they also indicate their passport details.

Remember! Each word must be interpreted unambiguously and be an accurate reflection of the meaning of the contract. If you receive part of the money, and they promise to give you the rest, then record this not only in the receipt and the sales contract.

Sample receipts

Receipts between individuals in the real estate sector can be drawn up when:

purchase and sale;
rent;
rent;
advance;
pledge;
mortgage

Rental receipt

Upon receipt of the deposit

Form of receipt for receipt of money for the sale of an apartment. No witness confirmation.

A receipt is a document that confirms that the seller has received money from the buyer. It is necessary to draw it up - very often people are faced with the fact that after purchasing real estate and registering ownership rights, they receive a subpoena. The seller states that the transaction should be considered invalid because the buyer promised to pay in installments, deceived him and did not give all the money. In such a situation, you can defend your rights only by having a receipt and statements from the bank accounts of both parties. To protect yourself from deceivers, all information in the main contracts and receipts must be the same, and the numbers are written in words. The testimony of witnesses, if they are individuals (neighbors, relatives), is not as reliable as legal entities and officials whose responsibilities include monitoring legal actions. Therefore, money can be transferred in the presence of a notary.

The essence of the receipt when renting an apartment

Transactions made for an amount exceeding 10 thousand rubles must be concluded in writing. This requirement is established by Art. 161 Civil Code of the Russian Federation. Accordingly, you need to issue a receipt if the amount of the rent is equal to or more than the specified amount.

The owner has the right to evict a tenant who evades paying the debt for using the apartment. Failure to pay will result in termination of the lease agreement. Even if a citizen regularly paid the owner, but did not record this fact anywhere, he will not be able to prove his case in court.

Therefore, the receipt becomes the only document that can confirm the validity of the transfer of money and receipt of it by the landlord for renting the apartment. It is considered necessary to draw up a receipt when the owner asks to pay several months in advance.

Legal force

The receipt must be taken seriously. No one is immune from the dishonesty of the apartment owner, and then the receipt will become evidence that the tenant of the premises can present in court.

In order for it to be legally valid, do not allow corrections, errors or strikethroughs. The court will also not accept a photocopy of the document even if it is notarized.

It is also important to note that the court will side with the tenant only if the receipt is drawn up in accordance with all the rules and contains all the necessary details. Please note that handwritten paper is preferable to the typewritten version of the document.

Please also consider the following points:

the receipt is drawn up by the owner (owners) of the apartment; it is unacceptable for it to be written by the tenant;
in practice, there have been cases when the owner wrote a receipt with ink, which tends to disappear, so it is recommended to offer him a proven pen;
The text must indicate the address of the rented apartment for which the payment is being transferred;
the document will be considered invalid if the date of transfer of money is not indicated;
must be certified by the personal signature of the recipient of the money and its transcript.

Sample receipt for deposit when purchasing an apartment

When, after a long search, you finally find the home you have been dreaming about for so long, the problem of paying for it arises. Often, if the buyer cannot pay the entire amount at once or asks to postpone this moment to “think it over,” the seller has no choice but to ask him for a deposit - a small amount that will help him gain confidence in the buyer’s actions.

A receipt is a paper that is written in the name of the recipient of the money. It fully confirms that the seller has received the amount specified in the receipt, and in the future this document can be used to protect their rights in the event of a difficult situation.

Interesting: What you need to know when buying an apartment on the secondary market

Deposit when purchasing an apartment (sample receipt)

The result of such disputes, as a rule, is a decision according to which the person who unjustifiably enriched himself is obliged to return the amount received as a deposit. In addition, the court can also collect interest from such a person for the use of other people's money. The legislation provides that these interests are calculated in accordance with the refinancing rate of the Central Bank of the Russian Federation. If the amount is not sufficient to cover all losses (if any), then an additional recovery may be made for the difference between the amount of interest calculated and the amount of losses incurred. What to do, not make any calculations at all before the contract is concluded?

Interesting: Validity period for an extract from the Unified State Register for an apartment

Civil legislation (Article 558) provides that the validity of an apartment purchase and sale agreement begins from the moment of its state registration. In accordance with this, obligations to transfer the apartment, on the one hand, and pay its cost, on the other, arise after state registration is completed. It follows from this that the security of a transaction, which is a pledge, can only be applied after its parties have registered it with Rosreestr.