The deadline for vacating an apartment after the sale is by law, when the seller must vacate the apartment after the sale

Many people are interested in the deadline for vacating an apartment after the sale according to the law. This question is extremely important.

It helps to understand the peculiarities of buying and selling, and also resolves most conflicts between the buyer and seller. As practice shows, not everyone knows about the rules for releasing real estate in the Russian Federation.

And this often becomes a huge problem. Especially if the parties go into conflict.

Conditional stages of the transaction

The timing of vacating an apartment after sale in Russia raises many questions among citizens. To clarify the situation, it is first necessary to imagine the process as a whole.

Conventionally, purchase and sale is divided into:

1. Collection of documents.
2. Signing a preliminary contract for the purchase of housing.
3. Conclusion of the main agreement on the sale and purchase of real estate.
4. Registration of an agreement in the prescribed form.
5. Transfer of housing to the new owner of the territory.

Nothing difficult or unclear. But not everyone knows that the deadlines for deregistration after the sale of an apartment are established at the legislative level. And if you study the relevant information, you can eliminate many difficulties in the process of concluding a contract.

Legislative norms

What is the period for vacating an apartment after the sale? The thing is that there is no clear answer to this question. You need to look at each “sale” agreement separately. A lot will depend on him.

However, the law implies that at the time the agreement was signed and the property was transferred to the buyer, the previous owner had vacated the premises. This is the safest scenario.

It follows that the citizen is recommended to first register, and then deal with the sale of property. Otherwise, serious problems and conflicts cannot be ruled out when searching for clients.

Agreement plays a role

Vacating an apartment after buying and selling is an extremely important nuance that few people think about. And, as a rule, it is determined using a contract of the established form.

According to the law, it is necessary to sign a “sale” agreement, which clearly states the time allocated to the citizen for check-out and actual vacancy of the home. If these are violated, the injured party (buyer) may go to court to force the seller to be discharged.

Demand and “cleaning” of housing

The time to vacate the apartment after the sale is ideally regulated by an agreement in the established form. If this period is not indicated in it, you will have to turn to legislative norms and judicial practice.

If the “sale” agreement provides for the reclaim of property, then the previous owner must vacate the property either before the date established by the same agreement, or no later than a week later.

It's actually not that difficult. Especially if you take a thorough and serious approach to drawing up a purchase and sale agreement.

Individual cases

What is the deadline for vacating an apartment after sale in Russia? As already mentioned, it is impossible to give a definite answer to such a question. Much depends on the terms and conditions specified in the purchase and sale agreement.

As already mentioned, ideally, the time allotted for the discharge of citizens from housing is established by an agreement of the established form. Only in practice things are different.

Accordingly, the period for vacating an apartment after the sale is set by law on an individual basis. If the exact date is not specified in the agreement, its absence can play a cruel joke on the participants in the operation.

If you don't check out

Vacancy of an apartment after sale in the Russian Federation involves the discharge of residents and the actual abandonment of housing. But not everyone agrees to refuse, say, registration.

If housing is not vacated on time, the property may be forcibly taken away. The buyer of the property has the right to contact the seller in writing and demand the release of the property.

In addition, negligent sellers can be forcibly discharged (by court) and actually “kicked out the door.” This practice occurs mainly when the DCP is drawn up in a legally illiterate manner.

The right agreement is the key to success. If problems arise with its preparation, you must first contact a notary to eliminate the difficulties.

What can the seller do?

The timing of vacating an apartment after the sale, as already mentioned, is ambiguous. These must be agreed upon 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 residential property is not vacated on time, the seller risks ending up on the street and also facing the judicial authorities. You need to study all the points of the PrEP to understand what to fear.

In practice, some try to “hurry up” the previous owner by applying moral pressure. Perhaps this is the worst thing that can happen. It is not recommended to succumb to such manipulations. This is contrary to both moral principles and legislation. It is impossible to force someone who adheres to the framework of a written agreement.

Oral discussion

It also happens that the parties to the operation regulate the time allotted for discharge and actual leaving of housing verbally. This is not the best solution, especially if there is no way to prove it. Under such circumstances, sellers most often encounter problems.

As already mentioned, if the agreement does not establish a time frame for vacating the apartment after the sale, it is assumed that at the time of signing the agreement the housing is completely vacant. Or you will have to leave the sold property a week after the first demand is made.

Oral agreements have no legal force. You will have to not only negotiate the agreement, but also record the relevant conditions on paper. Only under such conditions will the parties be maximally protected.

Is it necessary to check out?

The physical release 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 actually live differently. And this situation causes a lot of trouble for homeowners.

As already mentioned, it is necessary to clearly state in the purchase and sale agreement the terms for vacating the residential territory - both in fact and in documents. In the absence of a corresponding section, the law provides that the former owner has withdrawn from registration even before the conclusion of the DCT.

Is it necessary for a person selling a home to register? Absolutely not. Ownership rights do not depend in any way on registration. Therefore, a huge role must be paid to the text of the signed agreement. It can indicate that in fact the owner will vacate the territory by a particular date, but according to the documents - not.

If there are tenants left in the housing

Extract from the apartment after the sale of the apartment is not a mandatory point, but it is usually meant by eviction. It was said earlier that sometimes the DCP only contains a clause on the immediate actual vacancy of housing, but not on registration.

What should I do if, after registering the purchase and sale agreement, the buyer notices that there are still tenants on the property? It all depends on the circumstances. Or rather, from an agreement of the established form.

The following scenarios are possible:

1. The contract does not specify the expiration date at all. Then the real estate seller can be discharged through the court.
2. The agreement states that the previous owner, after the sale of the property, will have the right to maintain registration for an indefinite period. This picture will cause a lot of trouble. It will be possible to discharge the seller through the court, but you will have to prove that the “violator” actually lives in another place.
3. The contract contains a certain time frame within which the apartment must be vacated after the sale and purchase. 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 previously stated principles.

Accordingly, each case will be considered by the court on an individual basis. An illiterate or incomplete DCT is a huge problem for both the buyer and the seller.

Advice to the selling party

Don’t want to disrupt the release of the apartment after the sale? Experts assure that following these simple rules will help you avoid unnecessary problems!

They look like this:

1. It is recommended that you check out of the property before listing your home for sale.
2. The physical release of the apartment after the sale is prescribed by law in the agreement. It is advisable that the property be vacated by the buyer by the time the transaction is concluded.
3. Before signing an agreement in the prescribed form, it is recommended to get rid of minor tenants. Having a child registered in an apartment is a certain burden. Finding buyers for such property is problematic.
4. If the agreement does not specify the scope of the release of housing, the law provides that after signing the agreement, the territory must 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, and will also increase the chances of successfully finding clients.

Buying Tips

The timing of vacating an apartment after the sale, as a rule, is of more interest to buyers, because it is they who will need to seek the eviction of the previous owners of the property. As a rule, you need to stick to these simple tips to avoid additional problems.

Namely:

1. Carefully read all clauses of the agreement for the sale and purchase of real estate.
2. Stipulate in writing the terms for vacating the apartment after the sale. The law stipulates that by the time the contract is signed, the housing is already ready for new citizens to move into.
3. Refuse transactions with ambiguous clauses in agreements.
4. Collect any evidence that the seller promises to vacate the property by a certain date. For example, correspondence can help.

That's all. If the buyer “by mistake” signed the agreement, and it states that after the sale the previous residents should not leave, they will have to wait. In a few months, you will need 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 careless tenants.

About the date

According to the law in the Russian Federation, the period for vacating an apartment after sale is determined by the DCP. It is customary to indicate a specific departure date in the relevant document. This greatly simplifies life for the participants in the transaction.

The absence 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 starting point of a particular period of time. For example, “After registering the DCP with the authorized bodies, the seller undertakes to vacate the property within two weeks.”

In any case, the most acceptable and simple arrangement is to use a specific date of check-out from the apartment. Lawyers say the absence of such a record cannot guarantee that judges will favor the seller or the buyer. The case will be considered on an individual basis.

Conclusion

We found out what is the legal deadline for vacating an apartment after a sale. And what difficulties the parties face, too.

A well-designed PrEP is the key to success. It will relieve possible problems for both the buyer and the seller. And if you prepare your home for sale in advance (check out and actually move out of it), then the transaction will go through extremely quickly and without negative consequences.

If any difficulties arise during the process of signing a home purchase agreement, it is better to contact a lawyer with a copy of the relevant document. An experienced notary will help you draw up a competent purchase and sale agreement.

Source

What is the legal period for vacating an apartment after sale?

The purchase and sale of real estate involves the alienation of ownership from the seller to the buyer and the transfer of the object into the possession of a new owner. Accordingly, the former owner of the apartment is obliged to vacate it by evicting and expelling all members of his family and taking away his property. This procedure occurs not only by agreement of the parties, but also has regulations based on the law.

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How much time is given by law to vacate the property?

The sale of an apartment is completed after the parties have entered into an apartment purchase and sale agreement (APA). But since this transaction is subject to mandatory registration with Rosreestr, the agreement comes into force after registration actions are completed.

Accordingly, when the buyer receives a contract with a registration mark and an extract from the Unified State Register of Real Estate (USRN), he takes ownership rights and has the right to claim to move into the apartment he owns.

However, in this case, the interests of his counterparty, who sold his home, cannot be violated. Moving to a new place of residence takes time, which is taken into account during the purchase and sale procedure. The parties need to discuss this issue in advance, before drawing up the contract, in order to reach a compromise and not subsequently enter into litigation.

Article 457 of the Civil Code of the Russian Federation approves the regulations for the transfer of goods within the period established by the parties in the purchase and sale agreement. Therefore, a separate clause must be included in the contract regarding the timing of the check-out and departure of the former owner and his family members. And during the transaction process, follow the established regulations.

Article 457 of the Civil Code of the Russian Federation. Deadline for fulfilling the obligation to transfer the goods

1. The period for fulfillment by the seller of the obligation to transfer the goods to the buyer is determined by the sales contract, and if the contract does not allow determining this period, in accordance with the rules provided for in Article 314 of this Code.
2. A purchase and sale agreement is considered concluded with the condition of its execution by a strictly defined deadline, if it clearly follows from the agreement that if the deadline for its execution is violated, the buyer loses interest in the agreement.

   The seller has the right to fulfill such an agreement before or after the expiration of the period specified in it only with the consent of the buyer.

If the parties ignored or did not take into account this rule, failing to include a corresponding provision on deadlines in the DCP, they should adhere to the provisions of Article 314 of the Civil Code of the Russian Federation. They determine that the purchased goods must be transferred within a “reasonable” time. Of course, it is difficult to focus on this concept, since it has a vague, unclear form.

The time required for the following actions can be counted towards this period:

• extracts of all residents;
• collecting things;
• resolving issues related to new living space;
• removal of things and departure of former owners.

It is customary to allow the former owner one calendar month to vacate the apartment. Some legislators recommend focusing on the one-week period required for discharge and registration.

Unless otherwise specified in the contract, the estimated reasonable period is counted from the moment the property is registered in Rosreestr. If the apartment is not vacated during this time, the new owners may apply for forced eviction.

There are several options for adding a deadline to the policy. You can specify a specific date or period that has passed since the signing or registration of the agreement.

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The algorithm for releasing housing after a transaction consists of several standard actions that are performed in a certain sequence. They are arranged in schemes that can be classified into the following types:

• the best option;
• standard;
• non-standard;
• forced.

The discharge of all residents under the optimal option is completed as soon as possible - before receiving documentation from Rosreestr. Sometimes apartments are sold after all the former residents have checked out and moved out.

This option can only be relevant if the seller had another place of residence, which in practice is not so common. Under such conditions, all parties benefit, and the DCP includes a provision that the residents have been discharged and do not live in the apartment.

The standard option provides that the extraction and collection of things can begin no earlier than the new owner receives a title document from Rosreestr. Therefore, he is given a period of from a week to a month so that he has time to resolve all issues related to the move. In this case, discharge and collections may occur simultaneously.

If problems arise with the new housing, the seller does not have the right to solve the problem at the expense of the buyers; he will have to move to rented housing. He can vacate the premises earlier than the deadline established by the contract or law, but not later.

To ensure that the standard scheme does not cause inconvenience to the buyer, the following measures can be taken:

1. If the transaction is carried out with the involvement of a realtor or a relevant company, the service agreement should indicate that the company receives remuneration only after the seller vacates the apartment.
2. It is permissible to indicate in the DCP that for each day of delay the seller pays a proportionate amount of money or a percentage of the cost of housing in the form of a late payment penalty. This provision is included in the paragraph “Responsibility of the parties to the sale and purchase”.
3. The release period must be stated consistently and not allow for interpretations or discrepancies.

A non-standard option arises when conducting an alternative transaction, when the purchase and sale is included in the chain of property transactions. In this case, the parties must agree in advance that the period may be longer than expected.

For example, you can set a period of no more than two months. The best thing to do is to resolve the issue with the seller: what will he do if the chain is broken and his deal does not come into force. The decision that he makes in a force majeure situation must be included in the provisions of the contract.

In such transactions, all the nuances are important. They require high organization and certain skills and competencies of the real estate service specialists who carry them out. Therefore, it is necessary to study in detail in the light of this issue the following provisions of the agreement:

1. conditions for transferring the apartment to the buyer;
2. terms of transfer of the apartment to the buyer;
3. rights and obligations of the parties;
4. liability of the parties;
5. actions in case of force majeure;
6. termination of an agreement.

And when registering and transferring an object, you must act within the framework of the provisions established by the contract. Since an alternative transaction carries the maximum risk, the contract must take into account all the nuances of the purchase and sale in order to regulate the property interests of all participants.

The buyer should not leave the apartment if the entire amount of money under the transaction has not been paid, except in cases provided for in the contract (for example, in installments).

The forced option is carried out through court and enforcement proceedings. This measure is applied when the buyer has fulfilled all the terms of the contract in good faith, but the seller does not comply with the regulations for vacating the premises.

How long can you live without registration?

Decree of the Government of the Russian Federation No. 713 of July 17, 1995 on the rules of registration, registration and deregistration establishes a time limit that cannot be exceeded when living without registration at the place of residence.

Clause 16 of this law states that the period for registration at a permanent place of residence is 7 days , and the mark in the passport must be placed within 8 days. These rules should also apply to purchase and sale transactions.

When buying and selling, after which the seller leaves for another locality, or the seller arrives from another city, the rules of temporary registration come into force, which provide for a period of residence without permanent registration of up to 90 days. In this case, temporary registration must be completed no later than 7 days. The same rules apply to citizens arriving from abroad.

For living without registration, administrative liability may be imposed and an administrative fine may be imposed on the basis of Article 19.15.1 of the Code of Administrative Offenses of the Russian Federation.

What to do if the seller does not vacate the living space?

It should be taken into account that violation of oral agreements is not regulated by law. Support from judicial authorities can only be obtained on the basis of written, officially certified provisions. In this case, these may be the provisions of the monetary policy.

If the provisions included in the DCP are violated by an unscrupulous counterparty, or all reasonable deadlines for vacating the property have passed, an official notice should be sent to the seller, stating the following:

• notify that the legal owner is the buyer;
• indicate that the basis of ownership: title and title document;
• notify that legal proceedings are being initiated.

Download the eviction notice form

If this does not happen, then a month later you should file a statement of claim, which indicates the claims for the vacancy of the residential premises owned by the buyer.

The application is submitted to the district or city court at the location of the purchased apartment. Attached to the application :

1. package of documentation drawn up during the transaction with the apartment;
2. confirmation of transmission or dispatch of the notice;
3. evidence that the seller has not moved out of the sold apartment;
4. receipt for payment of a fee of 300 rubles.

According to a court decision, an unscrupulous seller is obliged to vacate the apartment. If he continues to persist, then, based on the court decision, you need to contact the territorial branch of the Bailiff Service and file enforcement proceedings for forced eviction.

If the buyer suffers losses due to delay caused by the seller, he can demand compensation from the seller.

After the buyer takes ownership, he must be provided with the purchased object. The period for vacating the property must be specified in the contract provision or considered reasonable. If the seller violated the interests of the buyer and did not vacate the apartment on time, he should go to court.

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Deadlines for vacating an apartment after sale according to the law

Very often we receive questions along the following lines:

• “We bought an apartment, but we can’t move into it - the seller hasn’t removed our things.”
• “When selling the apartment, we informed the buyer that we had nowhere to move yet. And he received a certificate and now demands to vacate the premises. Is he right?

Our specialists face similar questions from clients. Why do misunderstandings so often arise at the final stage of a transaction?

The fact is that the legislation does not directly stipulate from what moment and how soon the former owner must move out of the sold apartment. There is an indication only for an indefinite “reasonable” period. Therefore, our experts recommend not to forget about this issue when drawing up a purchase and sale agreement and to negotiate the exact timing of the transfer of the apartment.

Three situations are possible:

1. The seller vacates the apartment immediately after registering the change of ownership. This is the most convenient solution for the buyer, because the apartment comes into his possession without delay. Of course, you don’t need to take the word “immediately” literally. The contract usually stipulates a two- or three-day period for transferring the apartment.
2. The seller moves out of the premises within the agreed period. There is a practice in the market where the former owner is given two weeks to vacate the apartment. The parties can agree on any other period, the main thing is that it is spelled out in the contract as specifically as possible.
3. Additional conditions apply under which the seller will vacate the property. Most often, this condition becomes the purchase of another apartment to which he can move. For the buyer, this is a risky scheme, because under this condition the seller can stay in the apartment for as long as he likes. However, the buyer can protect himself by insisting that the contract indicate the deadline for the former owner to move out.

It is important to remember that the owner must vacate the apartment not only physically, that is, by clearing it of his belongings, but also legally - by deregistering himself and other residents.

When buying a home, you need to figure out how much time the seller is given to move after selling the apartment by law, that is, from what moment he must leave the sold real estate.

Procedure

Read more: After graduating from a driving school, how long are the documents valid?

The legislation contains such a concept as reasonable terms for vacating an apartment - vacating an apartment when specifying periods, which is not specified in any of the documents; however, in practice, it is considered that the duration of such a period for vacating an apartment after the sale is one month.

When carrying out such a transaction, there must be a document such as a pre-sale act, which stipulates the sequence of actions taken. It includes two parts:

1. Sequence of legal actions: on the day of signing the agreement concluded between the parties to the transaction, the buyer transfers the amount of money established by the terms of the agreement and deed. Most often, this is half of the total amount, but in general this is specified in the contractual terms. As soon as a reasonable period ends, the buyer pays the second part of the payment, and also checks all the information from the meters. This is the moment the transaction ends. The seller must check out of the living space, and other citizens registered at this address do the same. The buyer, based on the transfer act, re-registers all utility bills in his name.
2. Sequence of household actions: the state of the living space in which it is located at the time of the operation, the presence and condition of existing household appliances and furniture must be described in detail and point by point. This act has equal legal force, the same as the purchase and sale agreement, it is proof of the fidelity and compliance of the actions taken with state legislation. Therefore, the presence of furniture does not have to be specified in the main agreement.

About deadlines

Important! The regulatory documentation does not indicate specific deadlines, so you need to know about this when purchasing a real estate property. It is important that these points are agreed upon between the parties to the transaction and are also reflected in the agreement.

The next point is also effective. The agreement can indicate that some portion of the total cost of the living space, for example, ten percent, will be placed in a safe deposit box. This money will be received by the seller only when he checks out of the property and releases it from all things not specified in the agreement.

Read more: How many accountants should a budget institution have?

In addition, the document can also prescribe penalties - for the day of delay, a certain percentage of the funds that need to be paid “flows in”.

After the seller provides an extract from the new residential address or a passport in which there will be a registration stamp, he receives the reserved money.

Such strict conditions force sellers to comply with the law and not irritate other parties to the transaction.

This practice is a common occurrence in real estate companies: the agency employee receives his salary when the transaction is completed, when the buyer has, in fact, received the housing and transferred money for it.

Methods

• Best. Housing space is accepted at the same time that registration papers are submitted. From this day on, the party who bought the home is the owner, and she can live in it.
• Popular. The seller does not have time to move before the day of sale, and he is obliged to do this either within the next month by the date of registration, or a little later.
• Alternative. Used when there are several transaction objects. A person sells his home, buys from another, etc. In such a situation, the purchased living space may become available only three to four months after it was sold.
• Conflict. When a real estate seller - a drug addict, alcoholic or simply a citizen with a complex character, does not leave it for a long time, this problem is solved by contacting the judicial authorities.

All issues that may then become controversial can be agreed upon with the other party to the transaction in advance in order to avoid unnecessary expenditure of nerves, time and money in the future.

Personal site

Apartment vacancy period

The Civil Code of the Russian Federation regulates only the transfer of real estate from the seller to the buyer under a signed transfer deed, Article 556 of the Civil Code of the Russian Federation.

Read more: Regulations on the procedure for conducting claims work

The timing of the transfer of property and the signing of the transfer and acceptance certificate is left to the parties to the transaction. Therefore, it is very important that a separate clause in the purchase and sale agreement indicates the agreed upon date for vacating the apartment.

The minimum desired period is within 3 days from the date of State registration of the purchase and sale agreement. The maximum permissible period (from business practice) is 3 weeks from the date of registration.

Therefore, I strongly recommend that the deadlines for vacating the apartment after the sale be specified in the preliminary contract, before making the deposit, otherwise you may end up in a “later there will be a surprise” situation.

Imagine if you buy an apartment with a mortgage . Payment for the loan begins from the moment the loan agreement is signed; accelerated registration of mortgage purchase and sale agreements is provided within 5 days. And what to do if the seller does not intend to vacate the apartment for a long time? You will have to negotiate in a stressful environment, insisting on a reduction in time.

A similar situation may develop when making transactions with alternative housing , when several apartments are involved in the chain. To ensure that this assembled scheme does not fall apart at the last moment because of one person, experienced negotiators will be required. In this case, the maximum total period for delivery and acceptance of all apartments should not exceed one month.

Do not rely on oral agreements; be sure to secure them in writing at the initial stage of the transaction, namely: indicate the deadline for vacating the apartment both in the Preliminary Sale and Purchase Agreement and in the Deposit (Advance) Agreement.

Vacancy of the apartment after the sale. Conditions

From practice: You can insure yourself against late checkout or the deadline for transfer of real estate provided for in the purchase and sale agreement when drawing up a lease agreement for a safe deposit box.

It is enough to divide the amount of the due payment into different packages, specifying the conditions for their receipt: one part - after submitting registered documents, the other - after submitting a “clean” Form 9 (all written out), the third - according to the apartment acceptance certificate or other transfer document.

You always need to be attentive and careful when a minor child is registered in the apartment. It's better to consult a specialist.

Remember:

• The seller is obliged to transfer the apartment according to the acceptance certificate.
• The Buyer is obliged to transfer funds and receive a receipt from the Seller.

Vacancy of the apartment

Apartment vacancy period

The Civil Code of the Russian Federation regulates only the transfer of real estate from the seller to the buyer under a signed transfer deed, Article 556 of the Civil Code of the Russian Federation.

The timing of the transfer of property and the signing of the transfer and acceptance certificate is left to the parties to the transaction. Therefore, it is very important that a separate clause in the purchase and sale agreement indicates the agreed upon date for vacating the apartment.

The minimum desired period is within 3 days from the date of State registration of the purchase and sale agreement. The maximum permissible period (from business practice) is 3 weeks from the date of registration.

Therefore, I strongly recommend that the deadlines for vacating the apartment after the sale be specified in the preliminary contract, before making the deposit, otherwise you may end up in a “later there will be a surprise” situation.

Imagine if you buy an apartment with a mortgage . Payment for the loan begins from the moment the loan agreement is signed; accelerated registration of mortgage purchase and sale agreements is provided within 5 days. And what to do if the seller does not intend to vacate the apartment for a long time? You will have to negotiate in a stressful environment, insisting on a reduction in time.

A similar situation may develop when making transactions with alternative housing , when several apartments are involved in the chain. To ensure that this assembled scheme does not fall apart at the last moment because of one person, experienced negotiators will be required. In this case, the maximum total period for delivery and acceptance of all apartments should not exceed one month.

Do not rely on oral agreements; be sure to secure them in writing at the initial stage of the transaction, namely: indicate the deadline for vacating the apartment both in the Preliminary Sale and Purchase Agreement and in the Deposit (Advance) Agreement.

Vacancy of the apartment after the sale. Conditions

From practice: You can insure yourself against late checkout or the deadline for transfer of real estate provided for in the purchase and sale agreement when drawing up a lease agreement for a safe deposit box.

It is enough to divide the amount of the due payment into different packages, specifying the conditions for their receipt: one part - after submitting registered documents, the other - after submitting a “clean” Form 9 (all written out), the third - according to the apartment acceptance certificate or other transfer document.

You always need to be attentive and careful when a minor child is registered in the apartment. It's better to consult a specialist.

Remember:

• The seller is obliged to transfer the apartment according to the transfer and acceptance certificate.
• The Buyer is obliged to transfer funds and receive a receipt from the Seller.

Read about tax deductions when buying an apartment here >>>

How long can you live in an apartment after it is sold?

January 27, 2014

Author KakSimply!

Buying and selling apartments on the secondary market can sometimes resemble a lottery if you do not foresee all the possible complications that may arise in this case. Such complications include the fact that the former owners of the apartment you bought will remain in it for some time, disrupting your plans and causing other inconveniences.

This issue should be addressed at the stage of signing the purchase and sale agreement. It should stipulate within what time frame the former owners must check out and vacate the apartment. Usually, they are required to do this after you receive a certificate of state registration of rights to the purchased apartment. The procedure for releasing living space involves deregistration and removal of things and furniture belonging to the former owners. If we turn to the letter of the law, Article 457 of the Civil Code of the Russian Federation states that the sold product, which is the apartment, must be transferred for use to the buyer on time stipulated in the contract. In the event that for any reason you did not indicate this period in the contract, in accordance with Art. 314 of the Civil Code it is defined as “reasonable”.

How long you can still stay in the apartment for this period to be considered “reasonable” is not precisely specified anywhere, but based on practice, it should not exceed 1 month. However, it is not stated anywhere from what moment the countdown should begin: after signing the contract, transferring money, or from the date that appears on your certificate of ownership of the apartment.

The document confirming the legal vacancy of the apartment is a certificate from the new place of residence (registration) or a passport with a stamp confirming the release from the apartment.

That is why it is very important to provide and indicate the period within which the apartment will be completely vacated in the contract, if you do not want the mentioned “reasonable” period to be determined in court.

In the event that the owners have not left the apartment after a month, you have every reason to file a lawsuit to evict them.

You can include the following clause in the text of the purchase and sale agreement: “The seller undertakes to completely vacate the apartment and deregister before January 1, 2014,” but you can link the eviction to the moment when the agreement is signed by both parties. In this case, it should contain the phrase that “the seller is obliged to de-register and empty the apartment of his belongings within three weeks from the date of signing this agreement.”

Having agreed on the condition of final payment only after the apartment has been vacated, you can supplement it with penalties for each day of delay.

You can play it safe and include in the contract a condition that part of the amount for the apartment, for example, 10% of its cost, will be kept in a separate safe deposit box and the seller will receive this balance only after he is removed from the passport register and removes his things from the apartment.

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How long can you live in an apartment after it is sold?

Vacancy of an apartment after sale: features and timing

01Buying an apartment contains many nuances that simply need to be taken into account. One of them is also the period of time during which the seller vacates the apartment and the buyer accepts it.

02The first thing to note is that there is no universal term, although the Civil Code regulates the issue of transfer of real estate.

Thus, Article 556 states that the transfer of real estate by the seller and its acceptance by the buyer are carried out according to a transfer deed or other transfer document signed by the parties.

The law also states that the evasion of one of the parties from signing a document on the transfer of real estate on the terms stipulated by the contract is considered a refusal, respectively, of the seller of the obligation to transfer the property, and of the buyer of the obligation to accept the property. In this case, a lawsuit is already filed with a demand to oblige the seller to transfer the apartment to the buyer.

03 That is, in essence, the Civil Code delegates the issue of deadlines to the parties to the transaction themselves, who prescribe it as a separate clause in the purchase and sale agreement. It is accepted in the professional community that by default these deadlines do not exceed twenty-one working days from the moment of state registration of the buyer’s ownership rights and payment of the full cost of the apartment.

04However, it is not profitable for the buyer to wait such a long time, since, for example, in the case of a purchase with a mortgage, payments begin from the moment the loan is issued, but in reality the apartment is not immediately vacated by the seller, perhaps this forces them to waste time and money on renting temporary housing.

What to do with the deadline for vacating an apartment after buying/selling? In this case, the buyer should separately negotiate with the seller about the period of transfer of property and insist on their reduction.

For the seller, as practice shows, the most compromise option is a period from a week to two calendar weeks.

05A special feature is “alternative apartments,” that is, a situation where the seller buys a new one instead of the apartment he sells. Such chains can include 5-10 apartments at once.

In this case, negotiations on the timing will become more complex, since the number of participants will significantly increase. However, it rarely exceeds a month.

06 Thus, there is no legally established permissible period for vacating the home by the seller, therefore special attention should be paid to the purchase and sale agreement, in which these terms will be specified.

The main thing is not only to insist on your position on the terms in oral negotiations with the owner, but also to ensure that the results of the oral agreement are transferred into the final text of the contract, do not forget to include the release period in the advance agreement, it is better to agree on everything on the shore.

07 In practice, when the owner checks out after selling an apartment, part of the amount (from 50 thousand rubles to 100 thousand rubles) of the cost of the apartment is put into a separate cell for the check out. The condition for access will be either a mark in the passport with a different registration address or an extract from the house register.

This method of settlement with the seller insures in case of non-compliance with the agreements under the purchase and sale agreement.

In this case, you can use this money to use the services of a lawyer (lawyer) and discharge the seller in court if he has overdue the period established in the purchase and sale agreement, but you must be especially careful if a small child is registered in the apartment - this is a special case and the court will child's side. If your situation is unusual, consult a specialist.

08 PS Remember: it is the seller’s responsibility to transfer the apartment to the buyer under an additional deed. The buyer is obligated to transfer funds to the seller in the amount established in the purchase and sale agreement, and also to receive from the seller a handwritten receipt for receipt of funds.

[email protected]: How much time is given for moving when buying or selling an apartment?

White wind, it should be clarified that the period of seven days is counted from the date of presentation of the demand, that is, from the date of receipt by the defendants (Article 314 of the Civil Code of the Russian Federation), it is necessary to record receipt of the demand in any legal way, by letter with notification, telegram, with the help of a district police officer or witnesses .

Within a reasonable time - no more than 7 days. Art. 314 Civil Code of the Russian Federation.

Contact your local police officer and show him your apartment registration certificate. A month is already a long time. Typically, release is prescribed for no more than two weeks. In general, they had to draw up an act of acceptance of the transfer of the apartment and put part of the money under this act in a safe deposit box, then they would not have received all the money.

White Wind is RIGHT! Present to the former owners a written demand (with a receipt stamp) to vacate the apartment you bought and after 7 days you can safely go to court...

In short, if they don’t get evicted at all, then you need a good negotiator, we are NOT a state governed by the rule of law, let me remind you... It was necessary to stipulate the terms of release in the contract. In the meantime, written notification is step number one.

Finding a good negotiator is step number two. We've already saved some money, okay...

It is necessary to demonstrate seriousness of intentions!! ! The most reasonable thing to do is to send a telegram demanding to vacate the apartment... and time has passed!!!

They say that 10 days is usually given. Call the police and they will kick them out.

They occupy YOUR apartment illegally and free of charge. If you warn them that you will charge them a fee for using the housing, perhaps it will help?

Let's start with the time frame within which the transfer of the apartment must take place. All the mentioned specifics (day, week, two months...) are the so-called. "traditions of business turnover". In other words, in the market “everyone does it this way.” What if someone suddenly doesn’t apply? Then, logically, we must turn to the laws.

In them, as it turns out, “Egyptian darkness” reigns. "St. 457 of the Civil Code of the Russian Federation establishes that the sold goods must be transferred to the buyer within the period established in the sales contract,” says Svetlana Birina, head of the city real estate department of the NDV-Real Estate company.

What if this period is not specified at all? Then Art. 314, which - alas! – written in a highly streamlined manner. Judge for yourself: “2.

In cases where the obligation does not provide for a deadline for its fulfillment and does not contain conditions allowing to determine this period, it must be fulfilled within a reasonable time after the obligation arises.” Needless to say, citizens have very different ideas about “reasonableness”.

If the goods are not transferred within a reasonable time after the conclusion of the contract, the seller is obliged to do this within seven days from the date of presentation of the buyer’s demand (all requirements to the seller indicating the deadline for fulfillment must be drawn up in writing). In our opinion, taking into account business customs and law enforcement practice, the maximum reasonable period is one month from the date of registration of the agreement. www. metrinfo. ru/articles/100632.html

As for vacating the apartment, it depends on the contract you have concluded and its terms.
You can agree before selling the apartment that the owner vacates it, or vice versa. see Article 421 of the Civil Code of the Russian Federation. Freedom of contract 1. Citizens and legal entities are free to enter into a contract.

Compulsion to enter into an agreement is not permitted, except in cases where the obligation to enter into an agreement is provided for by this Code, the law or a voluntarily accepted obligation.
2.

The parties may enter into an agreement, either provided for or not provided for by law or other legal acts.