A Right That “Comes With” the Apartment
Russian law recognises several situations in which a person who is not the owner acquires a lifetime right of residence in an apartment. This right persists through any sale, gift, or inheritance of the apartment — and a new owner cannot extinguish it.
Who Acquires a Lifetime Right of Residence
1. Those who waived privatisation. When an apartment was privatised, registered family members were entitled to decline to participate. If they did so, they retain a lifetime right to reside in the apartment (Article 19 of the Law on Enactment of the Housing Code of the Russian Federation; confirmed in Supreme Court Plenum Resolution No. 14 of 02.07.2009).
Such a person cannot be de-registered or evicted even by a court order. A buyer who was unaware of this situation finds themselves with a “permanent co-occupant.”
2. Annuity recipients (contracts for lifetime maintenance with dependency). Under a lifetime maintenance contract, the annuity recipient retains the right to reside in the apartment until death. If the apartment is sold, the right of residence passes to the new owner along with the property.
3. Testamentary refusal (завещательный отказ). A testator may specify in a will that the heir must grant a specific person the right to use the apartment for a set period or for life (Article 1137 of the Civil Code). This right persists when the heir sells the apartment.
4. Free use agreement (loan for use). If the owner concluded an open-ended gratuitous use agreement with a resident, it can only be terminated with one month’s notice. The agreement survives the sale of the apartment.
How to Identify This Before Buying
Request an extract from the house register (or an archived extract). It will show all persons ever registered at the address and the grounds for their de-registration.
Check the privatisation history. If the apartment was privatised, the privatisation documents (available from a notary or the archive) will show who participated and who waived their right.
Carefully review the title documents. If the apartment was acquired through inheritance — ask for the full will. If it was acquired under an annuity contract — review the contract.
Ask the seller directly and require a written representation that no persons with a lifetime right of residence exist. A false representation is grounds for rescinding the contract and claiming damages.
How Courts Treat These Rights
The Supreme Court consistently protects the rights of lifetime residents. Courts generally refuse to evict them even after several successive changes of ownership. The only exception is where the right itself arose in violation of the law from the outset — which is extremely difficult to prove.
Read Also
- Hidden Risks in Secondary Market Property: When a Previous Owner Can Reclaim an Apartment
- The Bona Fide Purchaser: the Dolina-Lure Case and What Russia’s Supreme Court Decided for Home Buyers
Buying an apartment and want to check for hidden residents? Or have you already bought and discovered such a “resident”? Contact us for a consultation — we will review the documents and identify possible solutions.