A Post Occupancy Agreement becomes necessary in Swiss real estate transactions when the seller requires temporary residence in the property after the closing date. This situation often arises when the seller's new residence is not yet ready for occupancy or when coordinating complex moving logistics. The agreement must comply with Swiss federal laws, including the Civil Code (ZGB) and Code of Obligations (OR), as well as applicable cantonal regulations. It typically includes detailed provisions for occupancy duration, fees, maintenance responsibilities, insurance requirements, and property condition standards. This document is crucial for protecting both parties' interests during the transition period and preventing potential disputes. The agreement should be drafted with consideration of Swiss tenant protection laws, even though it represents a temporary arrangement rather than a traditional lease.
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1. Parties: Identification of the Buyer (new owner) and Seller (occupant), including full legal names and addresses
2. Background: Context of the agreement, referring to the main property sale agreement and explaining the need for post-occupancy
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Occupancy Period', 'Occupancy Fee', etc.
4. Grant of Occupancy: Specific terms of the temporary occupancy rights granted to the Seller
5. Occupancy Period: Clear specification of the start and end dates of the post-occupancy period
6. Occupancy Fee: Amount, payment schedule, and method of payment for the temporary occupancy
7. Security Deposit: Terms regarding any security deposit required, including amount and conditions for return
8. Utilities and Maintenance: Responsibilities for utilities, maintenance, and repairs during the occupancy period
9. Insurance Requirements: Insurance obligations of both parties during the occupancy period
10. Property Condition: Standards for maintaining the property and requirements for its condition
11. Access Rights: Buyer's rights to access the property during the occupancy period
12. Termination: Conditions and process for early termination of the agreement
13. Governing Law: Specification of Swiss law as governing law and jurisdiction
14. Notices: Process and requirements for formal communications between parties
1. Property Inspection: Used when specific inspection requirements are needed before and after occupancy
2. Subletting Prohibition: Include when explicitly prohibiting the Seller from subletting during occupancy
3. Pet Provisions: Include when the Seller has pets that will remain in the property
4. Moving Arrangements: Include when specific moving dates and logistics need to be coordinated
5. Renovation Restrictions: Include when the Buyer plans renovations during or immediately after the occupancy period
6. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
7. Dispute Resolution: Include when parties want specific mediation or arbitration procedures
8. Language Declaration: Include when the agreement is executed in multiple languages
1. Schedule 1 - Property Details: Detailed description of the property including address and relevant features
2. Schedule 2 - Inventory List: List of any furniture or items remaining in the property during occupancy
3. Schedule 3 - Condition Report: Detailed report of the property's condition at the start of occupancy
4. Schedule 4 - Payment Schedule: Detailed breakdown of occupancy fees and payment dates
5. Schedule 5 - Utility Agreements: Details of utility transfer arrangements and responsibilities
6. Appendix A - Property Photographs: Photographic evidence of property condition
7. Appendix B - Insurance Certificates: Copies of required insurance policies
8. Appendix C - Moving Schedule: Detailed timeline for the Seller's move-out process
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