You will need
- a duplicate of the contract of the notary's office;
- duplicate from FPRC;
- - photocopy from the seller;
- - certificate from BTI;
- - certificate from tax.
If you lost the contract of purchase andsale for the purchase of the apartment, but signed it in the notary office, contact the notary at the place of registration of the document. Pay fee for services. You will be given the duplicate for a short period of time.
If the contract is lost, but it made the state registration of property rights, which was launched on 31 January 1998 on the basis of entered into force Federal law No. 122-F3 on the unified registration of real estate transactions, see the statement in PPRC. At the registration centre left copy of all submitted documents, under which conducted state registration of property rights. You pay state fee, you will be given a photocopy of a document stamped, FUHRT.
From January 1, 1996, the making of any contract are allowed to produce in a simple written form. If you do not go to the notary and will not be issued ownership rights due to the fact that the law on unified registration came into force in two years, to restore lost or damaged the contract can only one way. Find your seller and ask him to remove his copy of the contract copy.
If you track down the seller of the apartment and get a second copy of the contract to remove the copies is not possible, then you will not be able to get a duplicate of the contract of purchase andsale anywhere. In this case, documentary evidence that you are a user of the apartment, contact the BTI and write the application for issuance of the owner of the apartment.
Change the owner of the apartment is always fixed at a local tax office for income tax in the name of the new owner. In the tax office you will not be able to issue a duplicate of the contract, as it is just not there, but to confirm that you are the taxpayer and the periods which you pay tax is even possible. So let us turn to the specified authority and request a certificate confirming the payment of taxes.
Advice 2: How to recover a lost Treaty
Each of us at home have a special box or bag in which to store documents, including contracts, many of which may be very important to you and your family. And then one "perfect" moment, you discover that one of the documents is missing when you move, or your beloved dog ripped up the box and had Breakfast one of the contracts. Don't despair – any contract can be restored by contacting the appropriate authorities.
First, by law, a contract is a written agreement between two or more entities. So, you can try to ask for a copy of the contract from the other party and notarized a copy of it. If for some reason failed, the contract can be restored to the authority of its state registration. For example, a contract of sale is signed in three copies. One of them is kept in the Registration office. You can write a query with a request to restore the document, which will bring personally, sent by mail or, in some cases, via the Internet. On the re-issued document will be stamped "duplicate". Stamp duty will be about 100 rubles.
If you rent more than a year, your contract with the owner are also subject to state registration. If you lose this document, the procedure is the same as in the case of restoration of the contract of purchase and sale of real estate. Unregistered lease apartments the easiest way to re-sign. Lost a contract for social renting is being restored to the Department of housing policy of the administration in your city or area.
In case if you lost the contract, which was not registered on 214-mu to the Federal Law, you should contact a construction company that is a party to this agreement. If you refused to repair the document, you can demand it through the courts. Marriage contract authenticated by a notary. He also kept his copy. In case of loss of the document, go to the notary and be prepared to pay for the service.
In the same way restores any lost contractsnotarized, for example, the contract of donation. On the website www.notary.ru you can find any notary of the Russian Federation (with addresses and phone numbers). If the notary that certifies your agreement, resigned, you can go to the notary Chamber of the town or district and to learn who from notaries transferred to the archive, which holds a copy of your contract.Well, if you lost the contract for the sale of the vehicle, then to recover it you need to contact the traffic police in ired. In the archive you will be given a photocopy with a seal.
Advice 3: How to restore the contract of purchase and sale
The conclusion of the contract of purchase andsale is essential when selling real estate. This document is governed by many laws. In particular, it must meet the requirements set out in article 550, 421, 420, 549, 432, 554, 317, 555 of the civil code. In accordance with the laws of the Treaty is the obligation of the parties to meet certain conditions and promises, but the promises do not imply their unconditional implementation, so the transaction is subject to mandatory state registration in the text of article 131 of the civil code. If the document is an agreement between the buyer and the seller of the property lost, to restore it you need to follow the law.
You will need
- request to OPGRC;
- - contact the notary;
- to contact the BTI;
- IN OFRCZC.
Direct registration transaction is carried out in the Federal registration of the centre in accordance with the Federal law 122-F3. This law came into force on 31 January 1998. The right of ownership of real property occurs with the moment of state registration (article 8 of the civil code). You should also consider the fact that the civil code does not require mandatory notarization of the contract of purchase andsale. These changes occurred in a number of articles of the civil code, which regulate the conclusion of this document and entered into force on 1 January 1996.
Proceeding from all above-mentioned laws, you can make the final conclusion that the contract of purchase andsale is not valid without the state registration of property rights. In this procedure, are submitted all the original documents that are in the transaction and copies remaining at recentre as a confirmation of the transaction, and giving rise to the registration of a certificate of title.
Therefore, if the contract of purchase andsale was signed before 1 January 1996, then restore it very simple. For this you need to make a request to the notary's office, which was this document, to pay 100 rubles to get a duplicate of the contract. Moreover, until January 31, 1991 agreement of purchase andsale was the only legal instrument confirming that a property is owned.
If you need to restore the contract of purchase-saleconcluded after January 31, 1996, there are two ways. The first is to go to a notary office if the contract was notarized and obtain a duplicate. Second – contact the Office of the Federal registration service of the statement and obtain a certified copy if the contract was concluded in written form.
If the contract of purchase andsale concluded during the period 1 January 1996 to 31 January 1998, when entered into force the law on conclusion of contracts in the simple written form, but not yet a law on obligatory state registration of property rights. In this case, lost the contract, can only be restored by obtaining photocopies from the seller of real estate with the updated signatures from both parties or to request information about the owner of the BTI. When requesting a BTI can confirm ownership of the property, but not to duplicate or copy of the contract. The same applies to land. To verify ownership, please contact the Federal chamber of land registration, cadastre and cartography, but to get a duplicate or copy of the contract impossible.
That is why, despite the amendments adopted on the conclusion of the contract of purchase andsale in the simple written form, it is better to sign it at the notary, which will give an opportunity at any time to duplicate. And besides, a professional lawyer will give all the guarantees of correct formatting of the document and will take into account all the paragraphs in which the transaction can be declared invalid in accordance with the civil code of the Russian Federation No. 2965, 3075, Chapter 24.
Advice 4: How to recover a lost warrant for the apartment
With the entry into force of the new edition of the Housing code of the Russian Federation order of the universe in a dwelling lost its former importance. To restore order in the literal sense in most cases impossible. But you need to make the alternative document.
Contact management company that serves your home (office, REU, Engineering service, etc. — depending on the region) a statement about the results of the control coupon to the order. If the card is preserved, you will get it on hand. If not, you will be given a certificate stating that the ticket has not been preserved.
With this help, contact your housing questions of administration of his district (for example, in Moscow — the administration of the district Council).
Write to the district administration a statement of the conclusion of the contract of social hiring. With the entry into force of the new edition ZHK of the Russian Federation this document has the same effect as that in the old days, a warrant, and it is the basis for the use of premises.
Read carefully and sign the contract. Optionally, you can provide all the documents that you have asked. Will definitely require passports of everyone who is registered in the apartment, so it is best to come at all together with identity documents.
If the administration refuse to accept your application requires a written motivated refusal. In situations where that's not possible, send the application form by post by registered mail with a list of enclosures and acknowledgment of receipt. You are obliged to answer within one month of receipt of the letter.
Contact the court to appeal the original refusal. To confirm his innocence use all available documents: passport with a mark about residence permit, an extract from the house register and a copy financially-the personal account. Useful are also the testimony of the witnesses, capable to confirm to the court that you live in this apartment and moved her in a legal way.
Enclose the contract of social hiring in the event of a court decision in your favor.
If a municipal apartment, which you have to use, is rundown or dilapidated house, an alternative living space don't need a warrant, sufficient registration by place of residence.
Advice 5: Whether a written contract in force when the rent
Basics of legal literacy gradually master and the Russians, faced themselves or convinced of the necessity of this in the experience of their friends and acquaintances. Slowly people are starting to get used to that any transaction, particularly real estate, must be properly designed. A contract concluded in writing is a guarantee such transactions.
Forms of contracts of tenancy
Eat dwelling may be in the form of a lease agreement or contract of employment. In the first case, the head 34 of the Civil Code, in the second Chapter 35. In the case of a lease the owner-lessor provides for a fee to the lessee the property for temporary possession and use or only for temporary use. If we are talking about hiring, according to paragraph 1 of article 671 of the civil code, the landlord for a fee provides the tenant housing under its ownership, possession and use for residing in it.
If renting an apartment is a legal entity, in this case, can only be entered into the rental agreement, the apartment will have only one purpose - accommodation, the individual enters into a contract of employment. When the flat wants to rent a legal entity, the leases are in the majority of cases, but when the employer is an ordinary citizen, written orders are issued correctly in very rare cases.
It is not necessary to refuse the lease contract in the case when the owners of the rented apartments are your friends or relatives. In the future this may help to avoid trouble.
How to create and sign a contract of employment
The tenancy agreement does not require notarization, but if you may need to have legal power to issue it must carefully. First, name the document "residential lease", and secondly, clearly specify such conditions as the prescribed amount of payment, terms of its payment and the methods of transfer of funds.
Keep in mind, if the contract will be signed in the presence of a notary, the transaction will be safer because it will check the title documents of the owner of the apartment and how alone he is entitled to dispose of it.
Paying rent to the owner in the hands, be sure to take with him a receipt in receiving not just some amount, namely, a regular monthly payment in full.
The amount of payment determined by agreement of the parties, the contract should include a clause that it cannot be changed unilaterally. In the case where no agreed term of payment, it should be done every month. The term of the contract, if it is not specified in this document shall be equal to 5 years. The conclusion of such contract is beneficial both to landlord and tenant executed properly, it is a legal document that protects the rights of both.