Every person encounters free use almost every day. People pass certain things to each other, give them as gifts or let them use them for a while. If it concerns small everyday items that are not of particular value, then the contract is not concluded. The need to take out a loan appears only when a valuable material thing is transferred for use. This could be a car, land, residential premises, etc. To avoid any questions from the state and the tax inspectorate, such transactions must be registered on paper. This is quite easy to do. No additional cash costs will be required. But before drawing up a contract, it is recommended to familiarize yourself with all the nuances of the design and pitfalls. Consider the nuances of the agreement for the gratuitous use of residential premises in the article.
What is an agreement for the gratuitous use of residential premises in the Civil Code of the Russian Federation?
An agreement in civil law is intended to establish the relationship between a person who gives something for use and a person who accepts some material benefit for use. Such a legal act resembles a lease. However, there is one main difference: the gratuitous use of property does not involve the collection of fees.
An agreement for the free use of residential premises is concluded when it is necessary to provide housing to a relative, close friend, etc. It contains mutually beneficial conditions, following which each party receives a certain benefit.
This type of document in modern jurisprudence is usually called a loan. If we are talking about the transfer of an apartment, house, or part thereof, then you can use both the concept of an agreement and the concept of a loan. The person who gives the home for use is designated as the lender. The person who receives the residential premises is called the borrower.
A mandatory condition of the transaction is the full legal capacity of both parties to enter into the contract. This means that the lender and the borrower are aware of their actions and are ready to bear responsibility for compliance with the rules outlined in the loan.
It is necessary to distinguish a loan for free use from a lease. A lease agreement is concluded for the purpose of providing property for use for a certain period and receiving money for it. A gratuitous loan presupposes the right to reside and use property without paying for the provided property. However, both types of contracts are regulated by the civil law of the Russian Federation (Civil Code of the Russian Federation).
On the video agreement for the free use of residential premises:
Agreement for free use of residential premises: sample download
A sample agreement is here.
AGREEMENT for free use of residential premises No. 746
St. Petersburg October 16, 2020
Citizen Golovin Andrey Stepanovich, born October 18, 1977, passport (series, number, issued) 47 98 No. 746584 issued by the Kirov Department of Internal Affairs of St. Petersburg on March 03, 2000, department code: 456 - 374, residing at the address: St. Petersburg, st. Arsenalnaya, 16 kv. 10, hereinafter referred to as the “Landlord”, on the one hand, and citizens Timeryazev Alexander Nikolaevich, born February 29, 1976, (passport (series, number, issued) 45 85 No. 475689 issued by the Kirov Department of Internal Affairs of the city of St. St. Petersburg August 05, 2001, department code: 487 - 485 and Filimonov Taras Nikolaevich, born May 28, 1978 (passport (series, number, issued) 47 59 No. 884785 issued by the Kirov police department of St. Petersburg on March 07, 2004, subdivision code: 487 - 485, residing at the address: St. Petersburg, Ligovskaya St., 35 apt. "Agreement" as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. Under this agreement, the Landlord undertakes to provide the Tenants with free use for living space owned by the Landlord - an apartment with a total area of 110 sq.m., consisting of 3 rooms, located at the address: St. Petersburg, st. Kuibysheva, 38 apt. 48. Tenants undertake to accept the specified residential premises, and in the event of termination of this agreement, to return the premises in a condition suitable for habitation, taking into account normal wear and tear.
1.2. The residential premises specified in clause 1.1 of this agreement belong to the Landlord on the right of ownership on the basis of a Certificate of the right to inheritance according to the law BA00494 issued by the Central Notary Office of St. Petersburg on August 03, 1990 (specify the title document, its details), which is confirmed Certificate of state registration of rights dated August 3, 1990, series ME, No. 77393, registration record in the Unified State Register of Rights to Real Estate and Transactions with It No. 74/464 dated August 3, 2020.
1.3. The lessor guarantees that the transferred premises are not subject to collateral, are not under arrest or prohibition, and are not transferred for use to third parties for any reason.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. The Landlord undertakes to provide the Tenants with residential premises in a condition consistent with the terms of this agreement and its purpose, and also bear all costs of maintaining the residential premises, including paying for utilities at its own expense.
2.2. Employers undertake:
a) use the residential premises strictly for their intended purpose (for living);
b) keep the living quarters in good condition;
c) not transfer the residential premises for use to third parties without the prior consent of the Landlord;
d) at his own expense, carry out current and major repairs of residential premises;
e) perform other duties arising from the right to use residential premises.
2.3. Tenants have the right at any time, at their own expense and at their own discretion, to make any improvements to the residential premises in the prescribed manner without the prior consent of the Landlord.
3. RESPONSIBILITY OF THE PARTIES
3.1. The lessor is responsible for defects in the premises that he intentionally or through gross negligence did not stipulate when concluding this agreement.
3.2. Tenants bear the risk of accidental death or accidental damage to the premises if the premises are destroyed or damaged due to the fact that the Tenants used it for other purposes or transferred it to a third party without the prior consent of the Landlord.
4. REFUSAL OF THIS AGREEMENT AND ITS EARLY TERMINATION
4.1. Each party has the right to cancel this agreement at any time by notifying the other party in writing 1 (one) month in advance.
4.2. The Lessor has the right to demand early termination of this agreement in cases where the Tenants:
- use the premises not in accordance with this agreement;
- do not fulfill duties to maintain the premises in good condition;
- significantly worsen the condition of the premises;
- without the consent of the Landlord, they will provide the premises for use to a third party.
4.3. Tenants have the right to demand early termination of this agreement:
- upon discovery of deficiencies that make the normal use of the premises impossible or burdensome, the presence of which they did not know and could not know at the time of concluding the contract;
- if the premises, due to circumstances for which the Tenants are not responsible, turn out to be in a condition unsuitable for use;
- if the Landlord fails to fulfill the obligation to transfer the premises.
4.4. During the period of validity of this agreement, the Landlord has the right to alienate the premises or transfer it for paid use to a third party. Transfer of ownership of the premises to a third party does not entail the termination of this agreement.
Agreement for free use of property.
Read about the agreement for the free use of residential premises here.
Read about the right to free temporary use of a land plot at the following link:
5. OTHER CONDITIONS
5.1. This agreement is considered concluded from the moment it is signed by both parties and is valid until September 25, 2017.
5.2. In all other respects not provided for in this agreement, the parties are guided by the current legislation of the Russian Federation.
5.3. This agreement has been drawn up in three copies, each having equal legal force, one for each of the parties.
6. DETAILS AND SIGNATURES OF THE PARTIES
Landlord: Golovin Andrey Stepanovich
Born October 18, 1977, passport 47 98 No. 746584 issued by the Kirov Department of Internal Affairs of St. Petersburg on March 03, 2000, department code: 456 - 374, St. Petersburg, st. Arsenalnaya, 16 kv.10
Signature:____________________
Employer Timeryazev Alexander Nikolaevich
Born on February 29, 1976, passport 45 85 No. 475689 issued by the Kirov Department of Internal Affairs of St. Petersburg on August 5, 2001, department code: 487 – 485, St. Petersburg, st. Ligovskaya, 35 sq. 8
Signature: ____________________
Employer: Filimonov Taras Nikolaevich
May 28, 1978 birth passport 47 59 No. 884785 issued by the Kirov Department of Internal Affairs of St. Petersburg on March 07, 2004, department code: 487 - 485, St. Petersburg, st. Ligovskaya, 35 sq. 8
Signature: ____________________
Nuances of drawing up a loan agreement, the validity period of the rental agreement
Legal documents can indicate the period for which the housing is transferred for use to the borrower. If the term is not specified or this is not necessary, then it is generally accepted that the loan is given for an indefinite period. However, in this case, both the lender and the borrower can terminate the agreement at any time.
This type of legal act does not need to be notarized. No stamps required. All that remains is the signatures of both parties. The loan agreement is concluded in writing. If the borrower and the lender do not insist on a paper version, then the transaction takes place orally.
What is the tax refund when buying real estate with a mortgage is detailed in this article.
Who has the right to inherit an apartment after the death of the father is detailed in this article.
What documents are required to register an inheritance for an apartment are detailed here: https://ruleconsult.ru/grazhdanskoe/nasledstvo/dokumenty-dlya-vstupleniya-na-kvartiru.html
In any case, it is recommended to conclude an agreement, since with the help of this legal act specific norms can be approved.
The main advantages include the following rules of transfer and use:
- Clear recording of all conditions. Both parties sign and undertake to follow all instructions. This is a guarantee of reliability and safety.
- The borrower, according to the agreement, undertakes to pay utilities and other payments significant for housing.
- Guaranteed safety of material goods. The housing is given for use, and the borrower undertakes to monitor the condition of all things that belong to the lender and protect them from breakage and disappearance. If any item is lost or breaks, the borrower is obliged to compensate for the damage.
- Registration of the borrower at the location of the housing provided under the loan agreement. The person who is given housing has the right to temporarily register there, thereby officially registering his place of residence.
"Underwater rocks"
When drawing up such a legal document, you may encounter some pitfalls. By providing living space for use for a certain time, the lender does not have the right to evict the tenant, even if the latter neglects the rules. If the agreement is drawn up and certified by the signatures of both parties, then the law most often takes the side of the borrower.
SIGNATURES OF THE PARTIES
Landlord __________________________________________________________ Tenant ___________________________________________________________ “___”________ ____ year, this agreement is certified by me ______ _____________, a notary of the city __________________. The contract was signed by ________________, ____________________________ and ___________________ in my presence after reading the text of the contract out loud. The identity of those who signed the agreement has been established, their legal capacity, as well as the ownership of the house ______________ has been verified. Registered in the register under no. _____________. Collected at the rate of ____________________ tenge. Notary ____________ License No. ________ issued "___"_______ ______ by the Department of Justice of the city of _______________.
The following documents may be useful to you:
- Service agreement (general form)
- Financial assistance agreement
- Agreement for the purchase and sale of goods in installments
- Contract in Kazakh (EҢBEK SHARTY)
- Equipment purchase and sale agreement
