Nosov entered into a life annuity contract with Stroyinvest, donating his apartment to the JSC to pay rent. The recipients of rent in the contract were indicated Nosov himself and his spouse. The total amount of rent was set at 10 minimum wages per month. After the death of Nosov, his wife and AO agreed to reduce the amount of rent to 5 minimum wage. A year later, the company announced its intention to buy out the rent and paid the Nasal amount equivalent to 60 minimum wage. Nosova accepted the money, but soon went to court with a claim for termination of the rent contract, return of her apartment and compensation for damages.
At the court, Nosova explained that the contract did not provide for the possibility of rent redemption, therefore the contract between the parties remains in force. The amount received by her in 60 minimum wages is the rent that she would have received if she had not agreed to a reduction in the amount of rent. In addition, the money she received has already been spent, so she cannot return them.
The representative of JSC Stroyinvest stated that the reduction in the amount of rent from 10 to 5 minimum wages was drawn up by an additional agreement of the parties and certified by a notary, therefore, it is legally valid. As for the right to buy out the rent, it is generally provided for in the Civil Code, so it is not necessary to indicate it in the contract itself. In addition, Nosova accepted the redemption price offered to her, thereby agreeing with the redemption of rent.
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