Post Closing Occupancy Agreement for United Arab Emirates

Post Closing Occupancy Agreement Template for United Arab Emirates

A Post Closing Occupancy Agreement under UAE law is a legal document that allows the seller of a property to temporarily remain in occupancy after the closing of the sale. This agreement, governed by UAE federal and emirate-specific property laws, establishes the terms and conditions of the seller's continued occupancy, including duration, fees, responsibilities, and liabilities. The document ensures compliance with UAE Civil Code requirements and local property regulations while protecting both parties' interests during the temporary occupancy period.

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What is a Post Closing Occupancy Agreement?

The Post Closing Occupancy Agreement is essential in UAE real estate transactions where sellers require temporary residence in the property after the sale closes. This situation commonly arises when sellers need additional time to relocate, are waiting for their new property to be ready, or have other legitimate reasons for delayed vacancy. The agreement, compliant with UAE federal laws and emirate-specific regulations, details occupancy duration, fees, maintenance responsibilities, insurance requirements, and move-out conditions. It protects both buyers' and sellers' interests by clearly defining rights and obligations during the temporary occupancy period, while ensuring compliance with local property laws and registration requirements. This document is particularly relevant in Dubai and Abu Dhabi's dynamic real estate markets, where complex property transactions often necessitate flexible occupancy arrangements.

What sections should be included in a Post Closing Occupancy Agreement?

1. Parties: Identification of the Buyer (new owner) and Seller (occupant), including full legal names and details

2. Background: Context of the agreement, referring to the main sale agreement and reason for post-closing occupancy

3. Definitions: Key terms used throughout the agreement including Property, Occupancy Period, Occupancy Fee, etc.

4. Grant of License: Terms of the temporary occupancy right granted to the Seller

5. Term and Occupancy Period: Specific start and end dates of the occupancy period

6. Occupancy Fee and Security Deposit: Financial terms including daily/monthly rate, payment schedule, and deposit details

7. Utilities and Maintenance: Responsibility for utilities, maintenance, and repairs during occupancy

8. Insurance and Liability: Insurance requirements and allocation of risk during the occupancy period

9. Seller's Obligations: Specific responsibilities of the Seller during occupancy including property care and access

10. Buyer's Rights: Rights retained by the Buyer during the occupancy period

11. Property Condition: Requirements for maintaining the property condition and final inspection

12. Default and Remedies: Consequences of breach and available remedies

13. Termination: Grounds for early termination and process

14. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction

What sections are optional to include in a Post Closing Occupancy Agreement?

1. Holdover Provisions: Additional terms applying if Seller remains beyond agreed occupancy period - include when there's risk of delayed move-out

2. Property Access: Specific terms for Buyer access during occupancy - include when Buyer needs regular access

3. Pet Provisions: Special terms relating to pets in the property - include when Seller has pets

4. Pool/Special Amenities: Specific terms for maintenance and use of special features - include when property has such amenities

5. Renovation Restrictions: Terms limiting changes to property - include when there's risk of modification

6. Third Party Occupants: Terms regarding additional occupants - include when others will occupy with Seller

What schedules should be included in a Post Closing Occupancy Agreement?

1. Schedule 1 - Property Details: Detailed description of the property including address and included items

2. Schedule 2 - Fee Schedule: Detailed breakdown of occupancy fees, deposits, and other charges

3. Schedule 3 - Property Condition Report: Detailed inventory and condition report at start of occupancy

4. Schedule 4 - Utility Arrangements: Details of utility accounts and transfer arrangements

5. Appendix A - Move-out Checklist: Detailed requirements for property condition upon surrender

6. Appendix B - Emergency Contact Information: Contact details for both parties and relevant service providers

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Legal Services

Property Management

Construction

Property Development

Banking & Finance

Insurance

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Risk Management

Operations

Contract Administration

Relevant Roles

Real Estate Lawyer

Property Manager

Real Estate Agent

Legal Counsel

Conveyancing Manager

Real Estate Transaction Manager

Compliance Officer

Contract Administrator

Property Developer

Real Estate Portfolio Manager

Sales Director

Legal Director

Risk Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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