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Use And Occupancy Agreement
I need a Use and Occupancy Agreement for a property sale closing where the buyer needs to move in on March 1, 2025, but the sale won't complete until March 15, 2025, with specific provisions for the buyer to store furniture in the garage one week before moving in.
1. Parties: Identifies and defines the Owner/Grantor and Occupant, including full legal names and contact information
2. Background: Explains the context and purpose of the agreement, such as pending real estate closing or other circumstances necessitating temporary occupancy
3. Definitions: Defines key terms used throughout the agreement including Property, Occupancy Period, Fee, etc.
4. Grant of Occupancy: Specifies the temporary right to occupy the property and its limitations
5. Term and Termination: Defines the duration of occupancy, start/end dates, and conditions for early termination
6. Occupancy Fee: Specifies the amount, payment schedule, and method of payment for the occupancy
7. Security Deposit: Details the amount, terms, and conditions for return of the security deposit
8. Utilities and Services: Specifies responsibility for utilities, maintenance, and services during occupancy
9. Insurance Requirements: Outlines required insurance coverage for both parties during the occupancy period
10. Condition of Property: Describes the state of the property at commencement and requirements for maintenance
11. Access and Inspection: Defines owner's rights to access the property during occupancy
12. Occupant Obligations: Lists specific responsibilities and restrictions on the occupant
13. Representations and Warranties: States the basic promises and assertions made by each party
14. Governing Law: Specifies applicable jurisdiction and legal framework
15. Notices: Details how formal communications between parties should be made
16. Entire Agreement: Standard clause confirming this document represents the complete agreement between parties
1. Pet Provisions: Include when occupant has pets, specifying allowed animals and related conditions
2. Special Access Requirements: Include when specific arrangements are needed for showing property to prospective buyers
3. Property Maintenance Services: Include when specific maintenance services are included or required
4. Moving and Storage: Include when there are specific provisions about moving timelines or storage of items
5. Purchase Agreement Integration: Include when occupancy is related to a pending purchase agreement
6. Holdover Provisions: Include specific penalties and conditions if occupant remains beyond agreed term
7. Alternative Dispute Resolution: Include when parties agree to mediation or arbitration before litigation
8. Force Majeure: Include specific provisions for unforeseen circumstances preventing performance
1. Schedule A - Property Description: Detailed description of the property including address and any excluded areas
2. Schedule B - Property Condition Report: Detailed documentation of property condition at commencement of occupancy
3. Schedule C - Inventory of Fixtures and Furnishings: List of any furniture or fixtures included in the occupancy agreement
4. Schedule D - Rules and Regulations: Specific rules for the property, especially relevant for condos or planned communities
5. Schedule E - Payment Schedule: Detailed breakdown of all payments including occupancy fee, deposits, and utilities
6. Appendix 1 - Insurance Certificates: Copies of required insurance certificates
7. Appendix 2 - Property Photos: Photographic documentation of property condition
8. Appendix 3 - Related Agreements: Copies of related agreements such as purchase agreements or service contracts
Authors
Property
Occupant
Owner
Occupancy Period
Commencement Date
Termination Date
Occupancy Fee
Security Deposit
Common Areas
Permitted Use
Utilities
Operating Expenses
Force Majeure
Business Day
Notice
Insurance Requirements
Property Manager
Occupant's Contents
Fixtures and Fittings
Building Rules
Essential Services
Hazardous Materials
Emergency
Authorized Occupants
Related Purchase Agreement
Governing Law
Substantial Damage
Default Event
Access Rights
Property Description
Grant of Occupancy
Term and Duration
Payment Terms
Security Deposit
Insurance
Property Access
Maintenance and Repairs
Utilities and Services
Use Restrictions
Assignment and Subletting
Default and Remedies
Termination
Property Condition
Health and Safety
Liability and Indemnification
Force Majeure
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Representations and Warranties
Compliance with Laws
Emergency Provisions
Risk Allocation
Integration with Purchase Agreement
Holdover Provisions
Real Estate
Property Management
Legal Services
Insurance
Banking and Finance
Construction
Residential Development
Commercial Property
Property Investment
Legal
Real Estate
Property Management
Risk Management
Compliance
Operations
Administrative Services
Contract Management
Transaction Services
Real Estate Lawyer
Property Manager
Real Estate Agent
Legal Counsel
Compliance Officer
Risk Manager
Real Estate Broker
Transaction Coordinator
Title Officer
Contract Administrator
Real Estate Paralegal
Insurance Underwriter
Mortgage Specialist
Property Administrator
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