A Post Occupancy Agreement becomes necessary in Canadian real estate transactions when the seller requires temporary occupancy of the property after the closing date. This situation commonly arises when the seller's new residence is not yet ready for occupancy, or when coordinating complex moving arrangements. The agreement, subject to both federal and provincial property laws in Canada, protects both parties' interests by clearly defining the terms of continued occupancy, including duration, costs, maintenance responsibilities, and insurance requirements. It's essential to note that while this document is subordinate to the main purchase agreement, it carries significant legal weight and requires careful consideration of provincial-specific regulations, particularly regarding temporary occupancy rights and obligations. The Post Occupancy Agreement helps prevent disputes by establishing clear expectations and responsibilities for all parties involved in this transitional period.
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1. Parties: Identification of the buyer (new owner) and seller (occupant) and their legal details
2. Background: Context of the agreement, including reference to the main purchase agreement and reason for post-occupancy arrangement
3. Definitions: Key terms used throughout the agreement
4. Term of Occupancy: Specific period of post-closing occupancy, including start and end dates
5. Occupancy Fee: Amount, payment schedule, and terms of the occupancy fee
6. Security Deposit: Details of security deposit amount, terms, and conditions for return
7. Utilities and Maintenance: Responsibility for utilities, maintenance, and repairs during the occupancy period
8. Insurance Requirements: Required insurance coverage for both parties during the occupancy period
9. Property Condition: Standards for maintaining the property and documentation of condition
10. Access Rights: Terms for buyer's access to the property during occupancy
11. Termination: Conditions and process for early termination
12. Vacant Possession: Requirements for final vacancy and property handover
13. Governing Law: Applicable jurisdiction and legal framework
14. Dispute Resolution: Process for resolving disputes between parties
1. Pet Provisions: Special terms relating to pets in the property - include when occupant has pets
2. Storage Arrangements: Terms for storing buyer's items during occupancy - include when buyer needs to store items before occupancy ends
3. Property Showing Rights: Terms for showing property to potential tenants/buyers - include when property may be listed during occupancy
4. Renovation Restrictions: Limitations on property modifications - include when there's risk of occupant making changes
5. Extended Occupancy Options: Terms for possible extension of occupancy - include when parties want flexibility in occupancy period
6. Special Use Provisions: Specific terms for unique property uses - include when property has special features or uses
1. Schedule A - Property Details: Detailed description of the property and included/excluded items
2. Schedule B - Fee Schedule: Detailed breakdown of occupancy fees, deposits, and other charges
3. Schedule C - Property Condition Report: Detailed documentation of property condition at start of occupancy
4. Schedule D - Insurance Requirements: Specific insurance coverage requirements and minimum limits
5. Schedule E - Move-out Checklist: Detailed requirements for property condition upon vacancy
6. Appendix 1 - Property Photos: Photographic documentation of property condition
7. Appendix 2 - Utility Accounts: List of utility accounts and transfer arrangements
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