Many people are interested in the period for vacating an apartment after sale by law. This question is extremely important. It helps to understand the features of the sale, and also solves most of the conflicts between the buyer and seller. As practice shows, not everyone knows about the rules for the release of real estate in the Russian Federation. And this often becomes a huge problem. Especially if the parties are in conflict.
Conditional stages of the transaction
The timing of apartment release after sale in Russia causes many questions. To clarify the situation, you must first imagine the whole process.
Conditionally, the sale is divided into:
- Collection of documents.
- Signing a preliminary contract for the purchase of housing.
- The conclusion of the main agreement on the sale and acquisition of real estate.
- Registration of the contract in the established form.
- Transfer of housing to the new owner of the territory.
Nothing difficult or incomprehensible. Just not everyone knows that the deadlines for discharge after the sale of an apartment are set at the legislative level. And if you study the relevant information, you can eliminate a lot of difficulties in the process of concluding a contract.
Legislation
What is the period of apartment release after sale? The thing is that there is no single answer to this question. You need to look at each sale agreement separately. A lot will depend on him.
Nevertheless, the law implies that at the time of signing the agreement and the transfer of real estate to the buyer, the former owner vacated the premises. This is the safest scenario.
It follows that the citizen is recommended to first check out and then engage in the sale of property. Otherwise, serious problems and conflicts are not excluded with the search for customers.
Agreement plays a role
Release of an apartment after sale is an extremely important nuance that few people think about. And it is determined, as a rule, by means of an agreement of the established form.
According to the law, it is necessary to sign an agreement "on sale", which clearly spells out the time allotted to the citizen for discharge and the actual release of housing. In case of violation of these, the injured party (buyer) may apply to the court for forced discharge of the seller.
Demand and "cleaning" of housing
The time for an apartment to be vacated after sale is ideally regulated by a contract of the established form. If this period is not indicated in it, you will have to turn to legislative norms and judicial practice.
If the agreement "on sale" provides for the demand for property, then the former owner must vacate the housing either before the date established by the same agreement, or no later than a week later.
In fact, everything is not so difficult. Especially if you thoroughly and seriously approach the drafting of the contract of sale.
Individual cases
What is the deadline for the release of an apartment after sale is set in Russia? As already mentioned, it will not be possible to give a definite answer to a similar question. Much depends on the conditions specified in the sales agreement.
As already mentioned, ideally, the time allotted for the discharge of citizens from housing is established by the contract of the established form. Only in practice, things are different.
For example, you can prescribe that housing is vacated after certain circumstances. Say after the transfer of funds to the seller. Or at the time of registration of the transfer of property rights.
Accordingly, the deadline for vacating an apartment after a sale is established by law individually. If the exact date is not specified in the agreement, its absence can play a cruel joke with the participants in the operation.
If you do not write out
The release of the apartment after sale in the Russian Federation provides for the discharge of tenants and the actual abandonment of housing. Only not everyone agrees to refuse, say, from a residence permit.
If you do not vacate the housing on time, real estate can be forcibly taken away. The buyer of the property has the right to contact the seller in writing and demand the release of housing.
In addition, negligent sellers can be forcibly (in court) discharged and actually “put out the door”. This practice occurs mainly when the DCT is drafted legally illiterate.
The right agreement is the key to success. If problems arise with its compilation, it is necessary first of all to contact a notary public to eliminate difficulties.
What can a seller do
The timing of the release of the apartment after the sale, as already mentioned, is ambiguous. They must be agreed with the buyer in advance. If a citizen has signed an agreement, he is automatically considered to agree with all its points. And with the period allotted for discharge from housing, too.
If the property is not vacated in time, the seller runs the risk of being on the street, as well as meeting with the judiciary. It is necessary to study all the points of the DCT in order to understand what to fear.
If the buyer agreed that the housing may not be vacated for a long time, he has no right to influence the seller. The latter remains the possibility of leaving the residential territory on the last day provided for by the agreement.
In practice, some are trying to "rush" the former owner, applying moral pressure. Perhaps this is the worst thing that can wait. Succumbing to appropriate manipulations is not recommended. This is contrary to moral principles and legislation. It is not possible to customize someone who follows the framework of a written contract.
Oral discussion
It also happens that the parties to the operation regulate the time allotted for discharge and the actual abandonment of housing orally. This is not the best solution, especially if you can’t prove it in any way. In such circumstances, sellers are most often faced with problems.
As already mentioned, if the agreement does not establish the time frame for the apartment to be vacated after the sale, it is understood that at the time of signing the agreement the housing is completely free. Or it will be necessary to leave the sold property a week after the first request is made.
Verbal agreements do not have legal force. It’s necessary not only to negotiate an agreement, but also to fix the relevant conditions on paper. Only under such conditions will the parties be protected as much as possible.
Do I have to write out
The physical exemption of the apartment after the sale is established according to the above principles. But what about direct registration? Often, citizens are registered at one address, but in fact they live differently. And this situation gives homeowners a lot of trouble.
As already mentioned, it is necessary to clearly state in the sale agreement the terms for the liberation of residential territory - both in fact and according to the documents. In the absence of a relevant section, the law provides that the former owner, before entering into the DCT, has been removed from registration.
Is a person selling housing required to be discharged? Absolutely not. Ownership rights do not depend on registration. Therefore, a huge role must be paid to the text of the signed agreement. It can be indicated in it that in fact the owner will free the territory by one or another date, but according to the documents - no.
If tenants remain in the housing
An extract from the apartment after the sale of the apartment is not a mandatory item, but it is usually understood as eviction. Earlier it was said that sometimes in the DCT there is only a clause on the direct actual release of housing, but not on registration.
What should I do if, after registering the purchase agreement, the buyer noticed that tenants remained in the territory? It all depends on the circumstances. Or rather - from the contract of the established form.
The following scenarios are possible:
- The contract does not spell out the term of discharge at all. Then the seller of real estate can be discharged through the court.
- The agreement states that the former owner will have the right to maintain residence registration indefinitely after the sale of housing. This picture will bring a lot of trouble. It will be possible to write out the seller through the court, but it will be necessary to prove that the “intruder” actually lives elsewhere.
- The contract contains a certain time frame within which the apartment should be released after the sale. You just need to wait for the end of the corresponding period. If the terms of the agreement are violated - act in accordance with the above principles.
Accordingly, each case will be examined individually by the court. Illiterate or incomplete DCT is a huge problem for both the buyer and seller.
Selling tips
Do not want to disrupt the release of the apartment after the sale? Experts claim that following these simple rules will help to avoid unnecessary problems!
They look as follows:
- Before putting up housing for sale, it is recommended to check out.
- The physical exemption of the apartment after sale is legally prescribed in the agreement. It is advisable that by the time the transaction is concluded, the housing has been vacated by the buyer.
- Before signing the agreement of the established form, it is recommended to get rid of minor residents. The presence of a child registered in the apartment is a certain burden. Finding buyers for such property is problematic.
- If the contract does not specify the framework for the release of housing, the law provides that, after signing the agreement, the territory should be transferred to the buyer and alienated from the seller.
Accordingly, the absence of actual and “documentary” residents in an apartment or house is a huge plus. This technique will save you from unnecessary problems in the future, as well as increase the chances of a successful customer search.
Buyer Tips
The terms of apartment release after sale, as a rule, are more interested in buyers, because it is they who will need to seek the eviction of past property owners. As a rule, you need to adhere to these simple tips so as not to encounter additional problems.
Namely:
- Carefully read all the clauses of the agreement on the sale and purchase of real estate.
- In writing, stipulate the timing of the release of the apartment after the sale. The law provides that by the time the contract is signed, housing is ready to move in new citizens.
- Refuse transactions with controversial clauses of agreements.
- Gather any evidence that the seller promises to vacate housing at a certain point. For example, correspondence can help.
That's all. If the buyer "mistakenly" signed the agreement, and it states that after the sale the previous tenants should not be discharged, you will have to wait. For several months, it will be necessary to collect evidence that those registered in the apartment do not live there. And only under such conditions will it be possible to get rid of negligent residents.
About date
The time period for the apartment to be vacated after sale is legally determined in the RF by DCT. In the corresponding document it is customary to indicate the specific date of departure. This greatly simplifies the life of the parties to the transaction.
Lack of an exact date of discharge and actual release of the territory can lead to serious conflicts between the parties. Instead of a date, some indicate the reference point of a particular period of time. For example, “After the registration of the CAP with the authorized bodies, the seller undertakes to vacate the housing within two weeks.”
In any case, the most acceptable and simple layout is to use a certain date of discharge from the apartment. Lawyers say that the absence of such a record cannot guarantee that judges are inclined towards the seller or the buyer. The case will be considered individually.
Conclusion
We found out what are the deadlines for vacating an apartment after sale by law. And what difficulties the parties face, too.
Properly written DCT is the key to success. It will relieve the possible problems of both the buyer and seller. And if you prepare the housing for sale in advance (to check out and actually leave it), then the transaction will pass extremely quickly and without negative consequences.
If in the process of signing a contract "on the purchase" of housing there are difficulties, it is better to contact a lawyer with a copy of the relevant document. A competent agreement of sale will help draw up an experienced notary public.