Most of the new owner is faced with the fact that the right to stay in the room they have acquired by third parties. Housing Code, which entered into force in 2004, established for the owner the right to dispose of housing without the consent of the persons jointly residing with him (paragraph 4 of Art. 31).

Moreover, the law has established: in the event of termination of family relationships to use the flat or house can only owner, unless otherwise determined by agreement of the parties, such as the marriage contract. Also since the beginning of 2005, this rate is fixed in the Civil Code of Russia: the sale of residential premises of the former members of the family of the owner denied the right to use this area (Article 292). But not so simple, in fact, despite the loss of the right, write the persons automatically impossible.

Read the man the register at the place of residence only for his personal request or by court order, where civil cause officially agenda. Only after three no-show the person who sent the notices, the case considered in his absence. Thus, the process of deregistration in the apartment of sometimes delayed for six months or more. Therefore, the buyer is possible to choose to legally free site or include in a contract of sale the following condition: a person registered in the apartment must be discharged within a certain time.

Some categories of citizens under Art. 558 CC RF retain any rights to the premises and after the transition to another owner, such as those who use the apartment for the bequest, the contract of uncompensated use or commercial hire. Sometimes a situation arises where the heir who receives property by will, the testator to give to another person commits a specified period the right to use this or lodgings (legacy). Consider another option: a citizen enjoys putting on a commercial contract of employment.

Even if the owner sells his property before the expiration of the agreement, the rights of the employer remain the same, just change the name of the landlord. In addition, in accordance with Art. 586 of the Civil Code is possible to realize an apartment, rent burdened or living a dependent life. In this case, the rights and responsibilities of the payer of rent (the previous owner) go to the new owner of the property.

There is another type of burden associated with the mortgage (a mortgage). If the buyer does not have all the necessary for the purchase of a house or flat sum, he takes out a bank loan, and housing advocates to secure an obligation under the loan agreement. After registration, the pledge agreement newfound tenant is not entitled to dispose of it without the consent of the creditor. However, if the bank's consent is obtained, the object can be sold to another person. Encumbrances and easements are. They, like the mortgage, subject to state registration, and `forget 'about them former owner is not entitled. Consequently, in this case to the new owner will assume the duties of the former.

Its characteristics are the transaction, which contains the person who has not attained the age of 18, as the current or future owners of real estate, as well as minors are involved, consisting or consisting of registering in the apartment - the subject of sale. Disposition of these individuals are permitted to exercise only with the consent of the guardianship authority. This same agency gives permission for the sale of the apartment where the children were registered under their care or without parental care (up to 1 January 2005, this rule was extended to all under 18, but paragraph 4 of Art. 292 of the Civil Code, it was canceled). Otherwise, is suppressing the rights of minors, and the deal can be declared invalid.