Rus News Journal

Apartment with a dowry

the Mortgage: register, hand over, sell!

the Most widespread burdening (restriction) of the property right to real estate now - pledge. It and is clear: the mortgage all becomes more popular, and till the moment of full repayment of the credit taken on purchase of habitation, the apartment is in pledge at bank.

One of the main pluses of a mortgage - that the apartment carries over the buyer - the borrower right after registration of the transaction of purchase and sale. Thanks to it, despite mortgaging restrictions, there are many possibilities under the order the got habitation.

  the Proprietor of apartment has the right to issue in it check in in a residence ( a residence permit ) To itself and any other persons. Thus it is not required neither the creditor bank consent, nor somebody else. We will remind, by the way, as restrictions by quantity of tenants at check in for the proprietor are not present, i.e. the size of a living space of a role does not play.

  it is possible to rent Apartment freely or in gratuitous using. Term is not limited, bank approval besides is not required.

  transactions on alienation Are possible: sale, mena and apartment donation. But! These contracts can be concluded only with the consent of a creditor bank.

the Order of such coordination is defined by internal rules of the bank which has given a mortgage loan. Solvency of the person which wants to become the new owner of apartment is usually checked, - that the bank has saved guarantees of payment of the credit.

All will be much easier, if the buyer to whom the put habitation has attracted, gives at once all sum of the credit - then burdening from apartment acts in film at once, and coordination with bank be not required.

By the way, pay attention: the majority of banks does not take the penalty at preschedule payment of the credit if it occurs through 6 - 8 months after loan delivery.

the Rent: we contain the former owner

the rent Contract assumes that the purchaser of apartment after the transaction conclusion becomes the proprietor, however to live in it the former owner continues. It has the right to receive regularly from the proprietor certain payment (rent) and (or) other blessings: products, medicines and so forth Such burdening is saved till the end of life of the former owner - rentopoluchatelja then the apartment passes in the full order of the proprietor - the payer of a rent.

to Sell the premises burdened with a rent, it is possible, but only with the consent of the tenant - rentopoluchatelja. And approval should be written and assured notarially.

  It is necessary to mean that apartment acquisition under a rent - business risky enough. Cases when older persons - addressees of a rent under own initiative or after arrangements of enterprising relatives are converted into court behind cancellation of the contract of a rent are frequent.

Claimants refer to default from obligations by the payer of a rent: the pier, holds half-starving, medicines in time will not wait also other Touched court frequently supports offended and the proprietor - the payer of a rent loses apartment which after contract cancellation comes back to the former owner.

Thus expenditure for the maintenance and the brought regular payments are not compensated. And a sum of money paid for apartment at registration of a rent, it is possible to try to return for years - well you will take from the grandmother - pensioners?.

What else there are burdenings:   property Arrest.

It can be imposed on apartment within the investigation on criminal cases and as a maintenance measure in civil process, and also at execution of judgements.

If the habitation is in custody, with it it is impossible to make any legal actions. Any concluded transactions admit void.

In practice there are cases when the bases for arrest have already disappeared, however law enforcement bodies forget to remove this burdening. Then it is necessary to be converted into the corresponding instances which have seized, and if they are not scratched - to remove burdening through court.

  the Interdiction for apartment alienation.

This restriction is imposed by guardianship and guardianship bodies if among proprietors of habitation there are minors and their interests can suffer at apartment sale.


it is strict under the law at sale of the apartment rented, tenants - employers save the right to residing till the end of validity, and the new proprietor should provide with it former terms of employment.

However in practice anybody, of course, not begins to buy apartment with employers - in case of sale the proprietor - najmodatel simply terminates the contract of hiring with payment of corresponding indemnifications, and the buyer receives free habitation.

we Give thanks for assistance in preparation of a material of the head of department of secondary habitation of agency of real estate the Kutuzovsky prospectus Elena SOBOLEVU.

Burdenings (pledge, a rent and so forth) are necessarily specified IN the NOTE in pravopodtverzhdajushchem the document - the certificate on the state check in of the property right to apartment.