Often there is a need to transfer housing to another person at no cost. Most often, such a deal is between close relatives. For this, a standard contract for the gratuitous use of residential premises is used. Based on it, housing is transferred for permanent or temporary use to another person or company. None of the parties receives any material benefits.
Concept of agreement
A contract for the gratuitous use of housing may be made exclusively between citizens. With its help, housing is transferred to any person for different purposes. However, the ownership of this object does not pass to the user. In its parameters, such a process of using a real estate object is similar to drawing up a lease, but it does not imply any payment from the user.
Typically, an agreement is drawn up if it is beneficial to each participant.
Contract features
When using the contract for the gratuitous use of residential premises, some nuances are taken into account:
- most often it is composed between close relatives or friends;
- it is not allowed in his conditions to prescribe any rent for the use of the premises;
- in another way, this type of collaboration is called a loan;
- the person transferring his property for use acts as a lender;
- the citizen receiving the premises is represented by the borrower;
- A transaction is legally binding only if both parties are legally competent persons responsible for their actions.
It is not allowed to sign such an agreement under pressure from the recipient of the housing. Typically, such a document is prepared if one person transfers the apartment to a relative for temporary residence. For this, the exact term for which this housing will be transferred is indicated in the contract.
When is the document compiled?
This documentation is most often used in the following cases:
- the provision of housing for temporary residence to relatives or friends;
- It is necessary to register at the facility citizens who are permanently resident in this apartment;
- employees of the Federal Tax Service, if there is such a document, do not have questions as to why the housing is not used by the owners, but by outsiders, which is often the basis for holding liable for unlawful renting of an object.
The contract form for the gratuitous use of residential premises is standard, so the parties can download a suitable form on the Internet. Notarized documentation is not required. In order to avoid errors in this document, it is advisable to use a sample contract for the gratuitous use of residential premises. Apartments are most often the subject of this contract.
It is undesirable to use this agreement if in fact the owner of the premises transfers his housing for use to others for any fee. This is due to the occurrence of significant risks, since the second party to the agreement may refuse to pay a fee, but forcing him to pay rent will not work.
What documents are being prepared?
For the proper preparation of such an agreement, it will be necessary to prepare certain documentation. It includes:
- passports of both parties to the agreement, since it is required to transfer information to the contract from these documents;
- title documents for the apartment, which confirm that the lender is actually the owner of the property;
- cadastral passport for housing;
- act of transfer of the object
- a document containing a full description of the living space, as well as all interior items that the borrower can use.
If necessary, other documents may be prepared.
How is the agreement drawn up?
It is advisable to use a sample contract for the gratuitous use of residential premises so that the necessary information is entered into the document. The following data is certainly included in the text of the agreement:
- information on the parties to the transaction provided by passport data and F. I. O .;
- the term of the contract, and if this information is not available, it is considered that an agreement is concluded for an indefinite period of time;
- a description of the immediate living space, for which its address, area, number of storeys and other parameters are indicated;
- lists information about all interior items and household appliances, which is transferred on the basis of this agreement to another person for use;
- the rules for the use of residential premises are indicated, and it is often prescribed that if the premises are used for other purposes, this will lead to the forced termination of the agreement and compensation for losses incurred;
- it is prescribed whether the borrower has a preemptive right to conclude a new contract for a different period;
- Provides guidelines for improving the living space that has been handed over for free use.
Each party to this agreement is interested in the inclusion of as many different conditions as possible, which allows you to protect the rights of both parties.
Other important conditions
Filling out a contract for the gratuitous use of housing is considered a simple process. But it is important to pay attention to the main points. They can be included in the text by both parties to the agreement. The most common conditions include the following:
- the lender must transfer the apartment to the second party to the agreement in the condition described in the agreement;
- if the text does not contain any significant shortcomings of the premises, then the owner of the object is responsible for this;
- the borrower must take care to maintain housing in optimal condition;
- it is usually indicated that the user of the premises is required to pay utility bills.
Often, an agreement stipulates that it is the owner who pays for the overhaul.
Rules for early termination of the contract
When drafting this agreement, it is best to use a sample contract for the gratuitous use of residential premises, which will prevent the presence of significant errors. In the process of filling out the documentation, it is advisable to take into account the different possibilities for early termination of the contract. All grounds are listed in Art. 698 Civil Code.
Usually, the agreement is terminated early in the following situations:
- the user does not use the object for the purpose prescribed in the contract;
- the property is not maintained in optimal condition;
- the borrower intentionally worsens the condition of the object;
- the apartment is transferred to other persons without prior consent of the owner;
- the user identifies significant deficiencies in the room, about which he was not notified in advance;
- the apartment is in poor condition, therefore it cannot be used for permanent residence;
- there are claims from third parties for housing.
The termination of the contract for the gratuitous use of residential premises before the end of the period agreed in advance may be carried out peacefully or through a court. Each participant has the right to refuse this agreement.
Contract registration
Registration of the contract for the gratuitous use of premises is not required. In addition, there is no need to contact a notary to certify the documentation.
It does not matter for how long this contract is drawn up. Even if an agreement is concluded for a period exceeding 1 year, registration is not necessary. This is due to the fact that on the basis of such an agreement no profit arises for any participant in the transaction.
Term of conclusion
The contract for the gratuitous use of residential premises may be concluded for different periods of time. If this information is not indicated in the text, then by law the owner of the premises can terminate the agreement unilaterally at any time. To do this, you only need to warn the user in a month.
If an agreement is concluded for a certain period, then it can be terminated ahead of schedule only if there are good reasons.
Nuances for companies
To conclude such an agreement can only participants represented by individuals. If you plan to transfer the object free of charge to another company, then this is an illegal transaction.
This restriction is due to the fact that all firms are opened for profit, which is not available if the housing is transferred to the founder or director of another company without any fee.
Responsibility of the Parties
When drafting such a document, the liability arising from each participant is taken into account. If the owner of the object transfers the housing in disrepair, the second party to the transaction may demand from him a forfeit or early termination of the contract.
If the requirements of the agreement by the borrower are violated, the owner of the apartment may demand:
- elimination of problems and violations at the expense of the user of the premises;
- reimbursement of expenses that the owner had to incur during the repair work;
- early termination of the damages agreement.
If at all as a result of improper actions on the part of the user the market value of the apartment was reduced, then the homeowner may demand compensation for non-pecuniary damage.
Conclusion
The contract, on the basis of which housing is transferred free of charge to any person, is quite simple to draw up. It usually is between relatives or friends. The form of the contract for the gratuitous use of residential premises is partially presented in the article. Each party to the agreement may include the necessary items in the text.
Early termination of such an agreement may be carried out for various reasons. The initiator can be both the user and the owner of the premises.