Care for the elderly for the apartment. Care for the elderly with the right of inheritance of housing

Prices in the real estate market, despite government assistance and banking sector proposals, remain inaccessible to many citizens. However, not everyone can accept this situation, especially if it's not a comfortable life in a separate apartment, but a choice between a street and hostels. At the same time, there is a considerable part of elderly people who lack quite another - basic help in the household, attention and care. Solving both problems allows care for elderly people with the right to inherit housing in accordance with the contract. Similar proposals are increasingly found in ads for the sale of real estate, and from the applicants for housing, and from older people who need support and attention.

The contract of life annuity

Assistance in exchange for housing - such a scheme of transfer of real estate has the features of a contract of life annuity. In this format, agreements are concluded between interested persons in obtaining real estate and old people counting on assistance in the maintenance. In such cases, the rent contract regulates the conditions in which care for elderly people with the right to inherit housing is carried out, as well as the parameters of the transfer of the property. The content in such agreements, rather, involves financial payments - that is, rent. Payer must regularly pay an amount that is not less than the amount of the subsistence minimum. As a rule, payments are made every month.

After the death of the recipient of the rent, the real estate object, which in this case acts as the subject of the contract, becomes the property of the payer. Again, not always caring for the elderly for an apartment is the only and basic requirement for a person who plans to enter the heir's rights. Most often, risks and disputes arise because of breaches of financial obligations.

Features of the contract for life-long content

In addition to life annuity, there is another format of the contract, which is closer to those who plan to take care of their grandmother or retiree for housing. In this case, care and care for the elderly person is provided for. That is, it is not obligatory to pay rents, but, for example, going to the grocery store, buying clothes, preparing food, helping with treatment and at home. These are the basic conditions by which the life maintenance of an old grandmother's flat or an old man is realized. The list of requirements can vary - for example, it often includes payment of utility bills, regular cleaning, etc.

Parties to the contract

Although most often the beneficiary of the rent is one person, several persons can represent this side. And it is not necessary that they will live in an apartment. It is important that the property will pass to the payer only after the death of all co-investors. At the same time, rent recipients can be represented exclusively by individuals. In turn, a person caring for the elderly for an apartment may be physical or legal. If the owner of the real estate, that is, the beneficiary of the rent, has died by the time the contract is concluded, then the document will be considered invalid. This is one of the tricks used by scammers using the contract of lifetime rent.

How is the contract concluded?

Transactions of this type are very individual, so there are no general rules for drawing up a document. And yet for some moments, lawyers advise paying particular attention. The most important thing is the conditions under which the elderly will be taken care of for the apartment by the future heir. That is, it is necessary to calculate in detail all the needs and formulate them in the document. As already noted, this could be the supply of food, purchase of medicines, help with housework, etc. Also, do not limit oneself to current needs - perhaps in the future there will be a need to repair or install new equipment. All this should be specified in the contract, as well as the amount of utility bills.

Further, the owner of the real estate must collect all documents for housing, among which it is necessary to provide a certificate of cadastral value, the number of residents and a registration certificate. To people who plan to take care of the elderly for an apartment, could not challenge the contract in the future, it will not be superfluous to undergo a survey from a psychiatrist with a certificate. With such a set of documents, you can go to a notary and sign an agreement.

Encumbrance of an apartment

After completion of the transaction, the heir is given documents on the property. But it should be borne in mind that full ownership of property will begin only after the death of the current owner. This means that during the period of the rent, the payer must comply with the terms of the contract in the form of assistance to the old man, and the apartment receives an encumbrance. When the care for the pensioner ceases in exchange for an apartment due to the death of the owner, the encumbrance is also removed. For a new owner of the property, this means that he can dispose of the accommodation at his own discretion without legal restrictions. But, again, there may be several rent recipients, so the death of one of them does not imply the removal of the encumbrance.

How can the contract be terminated?

In the usual way, such agreements are terminated by mutual consent or through a court. For termination there are not so many grounds - this is either failure to fulfill the terms of the contract, or the recognition of the owner of the dwelling incapacitated. By the way, for this reason, lawyers recommend the elderly to undergo a medical examination with a certificate from a psychiatrist. This is necessary so that scammers do not have the opportunity to present the contract as invalid. Often, care for the elderly for the apartment is carried out with obvious violations. In this case, unilateral cancellation is probably not in every case. The law does not clearly define what violations should be, so that the owner can terminate it. As practice shows, the judiciary meets old people in cases when the payers do not make monthly payments, produce them with great delays or do not fulfill other items of the contract. In the event of termination of the contract, the heir shall be deprived of the right of ownership, and all costs incurred by him under the contract shall not be compensated.

Advantages for pensioners

Transfer of a property to a stranger and living with him in his home - it would seem that this is a desperate step for any person, and especially for a frail pensioner. Still, there are a lot of useful in such schemes. Of course, in the first place, it is the maintenance of order, help with housework, and also getting rid of financial difficulties. Therefore, the care of elderly people for an apartment today is so popular in Europe and is spreading in Russia. He relieves an elderly person of the mass of troubles and gives an opportunity to live with dignity in recent years, if there were no close people nearby. Another thing is that everything depends on the person. There are many proposals from honest and responsible young couples who want to help the old people in exchange for housing, but there are also scammers who are hoping to get someone else's property in a short time.

Risks for pensioners

In most cases, the suspicious actions of people who wish to enter the inheritance are disclosed in the first stages. The lack of regular payments, improper performance of other duties and just rough handling - all this to some extent may become an excuse for terminating the contract. But there are higher risks, which may involve taking care of a grandmother for an apartment from a stranger. There have been cases when swindlers attempted for the sake of quick profit for the life of pensioners. Fortunately, law enforcement agencies took appropriate measures in a timely manner, so it was possible to avoid the tragedy. There are also more habitual situations when new heirs evacuate grandparents from their apartments to nursing homes. But if in the agreement such actions are not provided, then future owners do not have any rights to forced eviction of the owner.

Risks for the payer of rent

Strangely enough, no less risks are borne by rent payers. First of all, you should calculate your financial capabilities. Delays in the payment of rents happen not only because of malicious intent, but also because of the lack of such opportunities. This is not necessarily related to the payment of rents - the cost of medicines, the purchase of products and the simple provision of assistance with the loss of time often turns into monetary expenses. Nevertheless, caring for an apartment often includes paying rent with utility bills. There are cases when the old people themselves refuse such assistance, after which they rush to the court to terminate the contract. It is worth remembering that if such a claim is satisfied, all previous expenses will not be returned, and the inheritance will lose its relevance. To insure against such situations is very simple - it is enough to have a journal with payments and signatures of the owner.

Social protection for homeowners

For the elderly, who do not dare to resort to the services of strangers with the subsequent transfer of their property, the state provides for the provision of social assistance. In this case, care for the elderly for the apartment will be carried out by social protection agencies, and real estate will in future go to the local housing fund administration. Such services are actively distributed in large cities, saving single pensioners from risky transactions.

Conclusion

At all risks, the very model of such an agreement is very attractive for both parties. In its pure form it guarantees old people care and financial support until death, and rent payers - real estate, the costs of which are not comparable with market prices. True, everything here depends on how long the elderly will be taken care of by the heir. The fact is that the costs over time can increase, complicating the financial position of the payer. There are many other nuances. For example, after death, relatives of a pensioner may appear who insist on the incapacity of the old man at the time of signing the contract. But, again, a well-written agreement containing a certificate from doctors will help to avoid such proceedings.