Loan gratuitous agreement. The concept, signs and essential conditions of the contract for free use

Loan gratuitous agreement. The concept, signs and essential conditions of the contract for free use

13.02.2013

This type of contract is often mistakenly called “ lease agreement" or " lease agreement ", meaning by this something like free rental of premises.

The correct name for this form of agreement is a gratuitous use agreement. As the name suggests, providing your apartment in free use, officially you don't get paid for it.

The relations arising between the parties under such an agreement are settled ch. 36 of the Civil Code of the Russian Federation... The parties themselves are called lender (the one who “rents” the apartment) and borrower (the one who “shoots”) ( clause 1 of Art. 689 of the Civil Code of the Russian Federation).

notice, that "Free" only concerns the stay itself in the apartment. The agreement of gratuitous use may include the obligations of the borrower to pay utility bills and incur other expenses for maintaining the apartment in good condition. Due to these conditions, the gratuitous use contract can not be reclassified into a lease or lease agreement.

Cases of application of the contract of gratuitous use

In practice, such an agreement can be used for living in an apartment. relatives or friends... That is, in cases where the payment for accommodation is not charged, but there is a need to document the relationship, for example, to register residents. Also, the conclusion of such an agreement removes the questions that the apartment is being leased illegally.

We are extremely do not recommend use the contract of gratuitous use, when in reality there is a lease or lease, that is, the landlord receives payment for the provided apartment. This carries significant risks for the landlord himself. By " apartment rental agreement free of charge“He has no legal grounds to demand payment for the provision of premises!

Free apartment rent agreement

We can say that in everything that does not concern payment, the contract for free use has much in common with the lease.

In accordance with clause 2 of Art. 689 of the Civil Code of the Russian Federation certain rules of the lease agreement apply to the free use agreement:

  1. Term of the contract. The contract is concluded for a period determined by the contract ( clause 1 of Art. 610 of the Civil Code of the Russian Federation). If the term is not specified in the contract, then it is considered concluded for an indefinite period ( p. 2. Art. 610 of the Civil Code of the Russian Federation).
  2. Property use. The borrower is obliged to use the property in accordance with the terms of the contract and with the purpose of the property ( clause 1 of Art. 615 of the Civil Code of the Russian Federation). If the borrower uses the property for other purposes, the lender has the right to demand termination of the contract and compensation for losses ( p. 3. Art. 615 of the Civil Code of the Russian Federation).
  3. Preemptive right of the borrower when concluding a contract for a new term. If the borrower continues to use the property after the expiration of the term of the agreement, in the absence of objections from the lender, the agreement is considered renewed on the same conditions for an indefinite period ( clause 2 of Art. 621 of the Civil Code of the Russian Federation).
  4. Improvement of a donated apartment. Unless otherwise provided by the contract, then all separable apartment improvements made by the borrower are his property ( clause 1 of Art. 623 of the Civil Code of the Russian Federation). If the borrower made inseparable improvements without the consent of the lender, then the cost of these improvements will not be reimbursed to him ( clause 3 of Art. 623 of the Civil Code of the Russian Federation).

Other rights and obligations of the parties under the contract for free use of housing

As mentioned above, according to the content of the article ch. 36 of the Civil Code of the Russian Federation are similar to the articles contained in ch. 34 of the Civil Code of the Russian Federation (Rent).

As under the lease agreement, under the gratuitous use agreement the lender is obliged to provide the apartment in a condition that meets the terms of the agreement. ( clause 1 of Art. 691 of the Civil Code of the Russian Federation). In case of failure to provide an apartment, the borrower has the right to demand termination of the contract and compensation for the damage suffered ( art. 691 of the Civil Code of the Russian Federation).

Also, the lender is responsible for the shortcomings of the apartment, which were not agreed upon when concluding the contract ( clause 1 of Art. 693 of the Civil Code of the Russian Federation). Therefore, drawing up an act of acceptance and transfer of an apartment will not be superfluous when concluding a contract for free use. In this document, it is worth describing both the condition of the apartment itself, and all the property located in it. The lender is not liable for the specified defects in the property ( p. 3. Art. 693 of the Civil Code of the Russian Federation).

The responsibility of the borrower is to maintain the apartment in good condition, carry out current and major repairs and pay all the costs of operating the apartment. Note that a different procedure for the distribution of expenses for the maintenance of an apartment ( art. 695 of the Civil Code of the Russian Federation).

Early termination and cancellation of the gratuitous use agreement

Cases in which the parties may demand early termination of the contract for gratuitous use are listed in art. 698 of the Civil Code of the Russian Federation.

The lender has the right to demand early termination agreement, if the borrower (p ... 1 tbsp. 698 of the Civil Code of the Russian Federation):

  • uses the property not in accordance with the contract and the purpose of the property;
  • does not fulfill its obligations to maintain property in good condition;
  • significantly worsens the condition of the property;
  • transferred the property to a third party without the consent of the lender.

For the borrower, the following cases are provided when he may require early termination of the contract ( clause 2 of Art. 699 of the Civil Code of the Russian Federation):

  • upon detection of defects in property that impede the normal use of the property (provided that the borrower did not know about these shortcomings at the time of the conclusion of the contract);
  • if the property turns out to be unsuitable for use;
  • if at the conclusion of the contract the lender did not warn him about the existence of the rights of third parties to the apartment;
  • if the lender fails to fulfill the obligation to provide the property.

According to art. 699 of the Civil Code of the Russian Federation has the right to withdraw from the contract (concluded without specifying the term), notifying the other party about this one month in advance. But the contract can provide for a different notice period. For an agreement concluded with an indication of the term, only the borrower has such a right of withdrawal.

Summary

As you can see, an agreement for the free use of a residential premises is somewhat similar to a lease agreement, but does not imply payment for the provision of this very premises.

Persons entitled to conclude an agreement for the free use of residential premises

Residential premises can be provided for free use both on the grounds and in the manner prescribed by regulatory enactments, to certain categories of citizens, and in a general contractual manner upon reaching an agreement between the interested parties - the lender and the borrower (Article 689 of the Civil Code of the Russian Federation; Part 2 of Art. 30 LCD RF).

In the first case, residential premises are provided from specialized housing stock for the purpose of social protection of certain categories of citizens (Art. Art. 99, RF LC).

So, for example, in Moscow, the right to receive residential premises for free use is granted to elderly citizens and disabled people who are recognized as needing living quarters or improving their living conditions, who previously donated residential premises to the city in accordance with the established procedure in connection with their placement in a stationary social organization. services, in case of refusal to receive social services in a stationary form, if they cannot be returned to their previously occupied living quarters. For the purpose of social protection of certain categories of citizens in Moscow, an agreement is also concluded for the gratuitous use of residential premises with large families (Article 27 of the Law of the City of Moscow of January 27, 2010 N 2; Article 25, Moscow Law of June 14, 2006 29; clause 11.2 of the Decree of the Government of Moscow of 01.04.2008 N 248-PP; clause 1.1.3 of the Decree of the Government of Moscow of 21.09.2016 N 588-PP).

In other constituent entities of the Russian Federation, other categories of citizens may be envisaged that have the right to free use of residential premises (for example, citizens from among orphans, citizens who have a disabled child in raising, people with disabilities of I or II groups, senior citizens who have lived in the territory subject of the Russian Federation for at least a certain period of time, etc.).

In the second case, under the contract of gratuitous use, the citizen - the owner of the dwelling (the lender) transfers the dwelling for the use of his relatives, friends or any other persons of his choice (the borrowers) (part 2 of article 30 of the RF LC).

A legal entity may also be a lender under a contract for free use of residential premises. At the same time, a commercial organization does not have the right to transfer property for gratuitous use to a person who is its founder, participant, head, member of its management or control bodies, however, it has the right to transfer residential premises for free use to its ordinary employee, employee of the counterparty organization, etc. (Clause 2, Article 690 of the Civil Code of the Russian Federation).

The main differences between the contract for the gratuitous use of residential premises from the rental contract for residential premises

In order to get a dwelling for use on favorable terms for themselves, citizens who are not in need of social protection need to know the differences between a gratuitous use agreement and a lease agreement. The main difference and advantage of a gratuitous use agreement lies in its gratuitousness, however, there are other differences between these agreements.

1. Term of the contract

The lease agreement can be concluded for a period of up to five years (clause 1 of article 683 of the Civil Code of the Russian Federation).

An agreement for gratuitous use can be concluded for any period of time (clause 2 of article 689, clause 1 of article 610 of the Civil Code of the Russian Federation). If such an agreement is concluded with large families, the term of the agreement is five years, with the right to conclude it for a new period for the period until the youngest child in the family reaches the age of 16 years (if he is studying in a general education institution - 18 years old) (clause 11.4 of Resolution N 248- PP).

2. The preemptive right to conclude a contract for a new term

At the end of the lease term, the employer has the preemptive right to conclude a contract for a new term (Article 684 of the Civil Code of the Russian Federation).

At the end of the term of the contract for gratuitous use, the temporary resident does not have the pre-emptive right to conclude a contract for a new term.

3. Procedure for terminating the contract

The lease agreement can be terminated at the request of the tenant at any time with the obligatory written notification of the landlord about the termination of the contract three months before the date of termination, and at the request of the landlord - only in court in cases stipulated by law. Also, the contract can be terminated in court at the request of either of the parties in the cases provided for by law (clauses 1, 3, Article 687 of the Civil Code of the Russian Federation).

If the contract for gratuitous use is unlimited, then each of the parties has the right to cancel the contract at any time, notifying the other party about it one month in advance, unless the contract provides for a different period of notification. If the contract for gratuitous use is concluded for a certain period, then the borrower has the right to withdraw from the contract in the same manner, unless otherwise provided by this contract (Article 699 of the Civil Code of the Russian Federation); each of the parties has the right to demand early termination of the contract in cases provided for by law (Article 698 of the Civil Code of the Russian Federation).

4. Distribution of responsibilities for the repair of living quarters

Routine repairs of the dwelling are carried out by the tenant, major repairs are carried out by the lessor, unless otherwise provided by the contract (Article 681 of the Civil Code of the Russian Federation).

Routine and major repairs are carried out by the borrower, unless otherwise provided by the contract (Article 695 of the Civil Code of the Russian Federation).

The procedure for concluding a contract for the free use of residential premises

If you, as the owner of a dwelling, want to transfer it for use to other citizens under a free use agreement, then to conclude a free use agreement, we recommend adhering to the following algorithm.

Step 1. Decide on the terms of the contract and draw it up

The contract for the free use of residential premises must contain the following information:

1) name (if the lender is a legal entity) or full name. (if the lender is a citizen) of the lender and full name the borrower (s); if the agreement on behalf of the lender or the borrower is signed by their representatives under a power of attorney, also full name and surname. representative and details of the power of attorney; the address of the location or residence of the lender and the address of the residence of the borrower; details of the identity documents of the borrower and the lender - an individual (or OGRN, TIN and KPP of the lender-organization);

2) the details of the document certifying the lender's ownership of the dwelling (the number of the entry on registration of the right in the Unified State Register of Real Estate, the date of its entry, the series and number of the certificate of right and the date of its issue), or the details of the contract, if the certificate of right was not issued ;

3) a description of the transferred living space (address, area, number of living rooms and other essential characteristics);

4) a description of the technical and sanitary condition of the premises;

5) the rights and obligations of the parties;

6) the obligations of the parties to maintain the dwelling: who bears the costs of paying for the apartment (including utilities), who carries out the current and major repairs of the dwelling;

7) information on the existence of the rights of third parties to residential premises (for example, if the apartment is pledged);

8) the term for which the contract is concluded. If the term is not specified in the agreement, then the agreement is considered concluded for an indefinite period.

A fixed-term agreement for gratuitous use may provide that the borrower is not entitled to withdraw from the agreement unilaterally, except in cases where such a refusal is allowed (clause 2 of article 699 of the Civil Code of the Russian Federation).

If the lender under the contract for the gratuitous use of residential premises is an organization, then the contract must be concluded in writing (clause 1 of part 1 of article 161 of the Civil Code of the Russian Federation).

If the lender under the contract for the gratuitous use of residential premises is an individual, then the contract can be concluded orally. However, in order to avoid the occurrence of conflict situations, we recommend that in this case, conclude an agreement in writing.

Step 2. Sign a contract for the free use of residential premises

Upon reaching agreement on all essential conditions, the lender and the borrower or their authorized representatives must sign the agreement. After that, the contract is considered concluded and comes into force (Art. Art. 425, Civil Code of the Russian Federation).

The parties to the loan agreement are the lender and the borrower.

A borrower is a person who receives property for free use. Any person can act as a borrower. However, in cases provided by law or by the lender himself, the recipients of the loan can only be special subjects.

The lender is the owner of the property transferred for use or a person authorized by law or the owner of the property to lend property to the property Civil Code of the Russian Federation, clause 1 of article 690. The transfer of property for free use is the right of every owner. Other property owners should have special authority to transfer property for free use. This power must be based on the law or on the will of the owner Civil Code of the Russian Federation, clause 1, article 690. In particular, the lessee may transfer the leased property for free use only with the consent of the lessor Civil Code of the Russian Federation, clause 2, article 615. Such consent is one of the forms of the owner's will.

The lender and the borrower can be any subjects of civil law. The right to transfer a thing for gratuitous use belongs to its owner and other persons authorized by law or by the owner Civil Code of the Russian Federation Art. 690 p. 2.

In accordance with Art. 660 of the Civil Code, the lessee of the enterprise has the right to transfer for free use the things that are part of the leased enterprise. State or municipal enterprises, possessing property on the basis of the right of economic management, can transfer movable property for free use on their own, and immovable property - with the consent of the owner. Federal property not assigned to enterprises may be transferred for free use by the Ministry of State Property Management of the Russian Federation and its territorial bodies.

A commercial organization does not have the right to transfer property for gratuitous use to a person who is its founder, participant, head, member of its management or control bodies. In addition, due to the fundamental prohibition of donation between commercial organizations, the Civil Code of the Russian Federation, Art. 575, a commercial organization cannot transfer a thing for free use to another commercial organization.

The Civil Code does not establish any special requirements for borrowers. However, this may be the case in special laws.

The main obligation of the lender is to provide the borrower with the thing in a condition that complies with the terms of the contract of gratuitous use and its purpose. Together with the thing, the borrower receives all its accessories and related documents (instructions for use, technical passport, etc.), unless otherwise provided by the contract. When the lender's violation of the obligation to transfer accessories and documents deprives the borrower of the opportunity to use the provided thing for its intended purpose, or such use largely loses its value for him, the borrower has the right to demand that the accessories and documents relating to the thing be transferred to him, or the termination of the contract and the recovery of the real thing incurred by him. damage. At the same time, due to the gratuitous nature of the loan agreement, the possibility of recovering losses in the form of lost profits is excluded.

Liability for the defects of the thing transferred for free use is limited in comparison with the liability of the lessor under a lease agreement Civil Code of the Russian Federation Art. 612 or a seller under a sale and purchase agreement Civil Code of the Russian Federation Art. Art. 475 - 476 for a similar violation. First, the lender is responsible only for those shortcomings of the thing that he, intentionally or by gross negligence, did not indicate when concluding the contract Civil Code of the Russian Federation, clause 1 of Art. 693. The lender is not responsible for the shortcomings of the thing that were agreed upon at the conclusion of the contract, or were known in advance to the borrower, or should have been discovered by the borrower during the examination of the thing or checking its serviceability when concluding a contract or when transferring the thing Civil Code of the Russian Federation, clause 3 of Art. ... 693.

Secondly, if defects are found in the transferred thing, the borrower has the right to choose from only two options: either to demand from the lender to eliminate the defects of the thing free of charge or reimburse his expenses for their elimination, or to terminate the contract ahead of schedule and compensate for the actual damage suffered by him. At the same time, the lender, notified of the requirements of the borrower or his intention to eliminate the defects of the thing at the expense of the lender, can immediately replace the faulty thing with another similar thing that is in proper condition Civil Code of the Russian Federation, clause 2 of Art. 693.

The obligation of the lender to notify the borrower about all the rights of third parties to this thing (easement, right of pledge, etc.) must be fulfilled when concluding a contract of gratuitous use.

Failure to fulfill this obligation gives the borrower the right to demand termination of the contract and compensation for the actual damage incurred by him Civil Code of the Russian Federation, Part 2, Art. 694. The transfer of a thing for gratuitous use is not a basis for changing or terminating the rights of third parties to this thing Civil Code of the Russian Federation Part 1 of Art. 694.

The borrower's obligation to maintain the thing is to maintain the thing received for free use in good condition, including the implementation of current and major repairs, and assume all costs for its maintenance, unless otherwise provided by the contract of gratuitous use Civil Code of the Russian Federation, Part 1 Art. 694. The imposition by law on the borrower of the obligation to carry out major repairs also shows the difference between a paid lease and a gratuitous loan agreement.

The borrower is obliged to use the thing transferred to him for free use in accordance with the terms of the contract, and if such conditions are not established in the contract, then in accordance with the purpose of the thing. In case of violation of this obligation, the lender has the right to demand termination of the contract and compensation for losses Civil Code of the Russian Federation, clause 2 of Art. 689, paragraphs 1 and 3 of Art. 615.

The borrower has the right to make improvements in the property transferred to him for free use. The separable improvements made by the borrower are his property, unless otherwise provided by the loan agreement Civil Code of the Russian Federation, clause 2, Art. 689, paragraph 1 of Art. 623. If the borrower, without the consent of the lender, makes inseparable improvements in the thing transferred to him, then the cost of such improvements is not subject to compensation Civil Code of the Russian Federation, clause 2, Art. 689, paragraph 3 of Art. 623. Re-equipment, re-equipment, redevelopment and other changes in the subject of the loan are possible with the consent of the lender in compliance with the norms of public law Sukhanov E.A. Textbook "Law of Obligations"; volume 2; 2nd edition.

During the period when the borrower has a thing transferred for free use, the risk of accidental death or accidental damage to this thing lies with him Civil Code of the Russian Federation Art. 696 if:

a) the thing was lost or was damaged due to the fact that the borrower used it not in accordance with the contract of gratuitous use or the purpose of the thing;

b) the borrower transferred it to a third party without the consent of the lender (with the consent of the lender, the risk falls on the lender);

c) taking into account the actual circumstances, the borrower could have prevented its death or damage by donating his thing, but preferred to keep his thing.

In all other cases, when the borrower used the thing transferred to him for gratuitous use, in good faith, with the manifestation of complete attentiveness and care in accordance with the terms of the contract and the purpose of the thing, the risk of accidental loss of the thing falls on its owner Civil Code of the Russian Federation Art. 211.

In the loan agreement, the issue of liability for harm caused to third parties as a result of using the subject of the loan is resolved in a special way. As a general rule, the lender bears responsibility for such harm unless he proves that the harm was caused by intent or gross negligence of the borrower or the person who had this thing with the consent of the lender Civil Code of the Russian Federation Art. 697. However, if the thing transferred for gratuitous use is a source of increased danger and as a result of its actual operation, the borrower (his crew) caused harm to a third party, then according to para. 2 p. 1 art. 1079 CC, such damage must be compensated by the borrower as the title owner of the source of increased danger. If a thing that is a source of increased danger is transferred for free use to a borrower with a crew, which consists of persons who are employees of the lender, and operates the thing in favor of the borrower, then the lender will be liable for harm caused to third parties as a result of such exploitation, for he remains the owner of the thing.

The lender, as the owner, has the right to alienate the thing or transfer it for paid use to a third party. In this case, the rights under a previously concluded loan agreement are transferred to the new owner or user, and his rights in relation to the thing are encumbered with the rights of the borrower Civil Code of the Russian Federation, clause 1 of Art. 700.

In the event of a reorganization of a legal entity - the borrower, its rights and obligations under the contract shall pass to the legal entity that is its legal successor, unless otherwise provided by the contract. In the event of the death of a citizen-borrower, the right to free use of the thing received by him under the loan agreement is not included in the estate even when the thing transferred for temporary use is immovable, which distinguishes this right from the rental right to real estate Civil Code of the Russian Federation clause 2 of Art. 617. The death of the citizen-borrower, as well as the liquidation of the legal entity - the borrower are grounds for termination of the loan agreement Civil Code of the Russian Federation Art. 701.

Under the contract for the free use of residential premises, the owner of the apartment undertakes to provide the other party (tenant) with this apartment for free use, and the tenant undertakes to accept this apartment, and upon termination or expiration of the concluded contract, return the received residential premises in the same the condition in which it was received from the owner.

The subject of the contract is an apartment - a dwelling (or part of an apartment), which is transferred to the tenant free of charge. However, it should be borne in mind that only the premises itself is transferred free of charge, that is, "free of charge" applies only to living in the transferred living space.

The agreement on the gratuitous use of the apartment may include the obligations of the tenant to pay for all utility services and to independently pay other expenses necessary for the maintenance and maintenance of the transferred apartment in good condition.

At the same time, a gratuitous use agreement containing similar payment conditions cannot be re-qualified into a residential lease or lease of premises.

The owner of the apartment under the contract is called the lender, and the tenant who has received housing for free use is called the borrower.

Legal regulation of gratuitous use and peculiarities of contract execution

Legal relations arising from the conclusion of an agreement on the free use of housing are governed by the provisions of Chapter 36 of the Russian Civil Code. In addition, in accordance with article 689 (paragraph 2) of the Code, certain legal provisions concerning the regulation of a lease agreement apply to such an agreement, namely:

  • term of the agreement. An agreement regulating the free use of housing, like a lease agreement, can be concluded for any period specified in the agreement. If the term is not specified in the agreement, then it is considered that it was concluded for an indefinite period;
  • conditions for the use of property. A tenant who has received an apartment for free use must use the property transferred to him in full accordance with the terms of the signed agreement and with the purpose of the property. If the borrower violates this requirement and uses the entrusted property for other purposes, the owner of the apartment can terminate the contract and demand damages from the tenant;
  • the priority right of the tenant who uses the transferred apartment free of charge when signing an agreement for a new term. In the event that the borrower uses the dwelling even after the expiration of the term of the contract, and the lender does not object, the contract for the gratuitous use of the dwelling shall be deemed renewed indefinitely on the original conditions;
  • apartment improvements carried out by the borrower. As in the case of renting a dwelling, the borrower is the owner of all improvements separable from the apartment and can take them with him after the termination of the contractual relationship arising from the free use of housing. If the tenant, during his stay in the apartment, made inseparable improvements without agreeing on their compensation with the owner of the apartment, then the cost of all the improvements made to him is not reimbursed;
  • return of the property to the lender in the same condition in which the tenant received it when the contract was drawn up. The tenant is obliged to maintain the apartment transferred to him in good condition, making at his own expense, if necessary, the current and major repairs of the provided living space. At the end of the contract, he must return the apartment to the lender in the same condition (or better) in which it was at the time of transfer. Therefore, in order to avoid controversial issues, the parties to the contract are advised to draw up an act of acceptance and transfer of the dwelling donated for use, in which the property transferred under the contract and its condition will be described in detail.

An agreement defining the obligations of the parties for free use, like a lease agreement, can be concluded in a simple written form. It is not necessary to certify the agreement with a notary.

However, unlike a lease agreement, which must be registered with a territorial registration authority, if it is concluded for a year or more, an agreement on the free use of an apartment does not require mandatory registration, regardless of its validity period.

What is a gratuitous use agreement for?

In practice, an agreement on the gratuitous use of an apartment is concluded between the lender and the borrower in order to officially formalize the residence of relatives or acquaintances of the owner of the apartment in the living quarters.

Quite often, in such cases, such an agreement is not concluded at all, and the agreement between the parties is oral. It is worth noting that the written conclusion of the contract has many advantages and reduces the risks of the parties, since the written agreement:

  • allows you to fix all the conditions for the use of residential premises and eliminate the occurrence of disputes and conflict situations in the future;
  • establishes payment for utilities and other payments;
  • guarantees the safety of the property transferred under the contract or compensation for damage in case of its loss or damage by the tenant;
  • is the basis for registration of the borrower at the place of residence.

In addition, in the absence of a signed agreement on free use, the question may arise that the dwelling is being leased illegally.

As practice shows, quite often the lease agreement is used by tenants instead of a lease agreement in order to avoid taxation of the received rent.

However, the conclusion of such an agreement carries risks for the landlord himself, since he has no legal basis to demand payment from the tenant for the use of the transferred housing. This deprives him of the right to defend his interests in court if the tenant does not pay the rent.

Early termination of the agreement

The owner of the apartment, transferring it for free use to the tenant, has the right to terminate the agreement if the tenant:

  1. Uses the property transferred to him for other purposes or in violation of the terms of the agreement;
  2. Does not maintain property in proper condition or itself significantly worsens the condition of the property transferred to it.

A tenant who has received an apartment for free use may also refuse to fulfill the terms of the agreement if:

  • deficiencies were discovered that impeded the normal use of the apartment, which the borrower did not know about when concluding an agreement with the lender;
  • the property transferred under the contract turned out to be unusable;
  • revealed the rights of third parties to the transferred housing;
  • the lender has not fulfilled its obligation to transfer the dwelling.

The agreement can also be terminated by either of the parties, provided that the other party is notified in writing one month before the intended termination. A different period for notification may be stipulated in the contract.

This is how an approximate sample of a contract for the free use of residential premises looks like:

According to the agreement for further printing and use in the .doc format, two more annexes are also attached to the agreement: acts of acceptance of the transfer of the apartment upon arrival and eviction of the borrower.

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