Use And Occupancy Agreement

Use And Occupancy Agreement Template for Malaysia

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Key Requirements PROMPT example:

"I need a Use and Occupancy Agreement for a commercial property in Kuala Lumpur where a tech company will occupy two floors of our office building for 3 months starting March 2025, while their permanent office undergoes renovation."

Document background

The Use and Occupancy Agreement serves as a crucial legal instrument in Malaysian property transactions where traditional lease arrangements are either unsuitable or undesirable. This document is commonly employed in situations such as pre-lease occupancy, property sale transitions, temporary business relocations, or during property renovation periods. The agreement provides a structured framework for temporary property use while maintaining compliance with Malaysian property laws and regulations. It includes essential provisions for occupancy fees, utility responsibilities, maintenance obligations, and termination rights, while clearly distinguishing itself from a standard lease agreement. The document is particularly valuable in commercial and residential contexts where flexibility is required while maintaining legal protection for all parties involved.

Suggested Sections

1. Parties: Identification of the property owner/landlord and occupant, including full legal names and addresses

2. Background: Context of the agreement, explaining why a use and occupancy agreement is being used instead of a standard lease

3. Definitions: Definitions of key terms used throughout the agreement

4. Grant of Use and Occupancy: Specific terms of the temporary right to occupy, clearly distinguishing from a leasehold interest

5. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

6. Occupancy Fees: Amount, payment schedule, and method of payment for the use and occupancy

7. Permitted Use: Specific allowed uses of the property during the occupancy period

8. Utilities and Services: Responsibility for utilities, maintenance, and essential services

9. Insurance and Liability: Required insurance coverage and allocation of risks between parties

10. Access and Inspection: Owner's rights to access the property and conduct inspections

11. Occupant's Obligations: Specific responsibilities and conduct requirements for the occupant

12. Owner's Obligations: Specific responsibilities of the property owner during the occupancy period

13. Notices: Method and addresses for official communications between parties

14. Governing Law: Specification of Malaysian law as governing law and jurisdiction

15. Execution: Signature blocks and execution requirements

Optional Sections

1. Security Deposit: Terms for security deposit if required - optional depending on duration and circumstances

2. Shared Facilities: Rules and conditions for use of common areas or shared facilities if applicable

3. Alterations: Permission and conditions for any temporary modifications to the property if allowed

4. Special Conditions: Any unique requirements or conditions specific to the property or circumstances

5. Assignment and Subletting Prohibition: Explicit prohibition of transfer rights - particularly relevant for longer terms

6. Force Majeure: Provisions for unforeseen circumstances - relevant for longer term agreements

7. Early Termination Rights: Specific conditions under which either party can terminate early - useful for longer agreements

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description of the property including address, boundaries, and included fixtures

2. Schedule 2 - Inventory List: List of any furniture, fixtures, or equipment included in the use and occupancy

3. Schedule 3 - Condition Report: Detailed report of the property's condition at commencement of occupancy

4. Schedule 4 - House Rules: Specific rules and regulations for the property if applicable

5. Schedule 5 - Payment Schedule: Detailed breakdown of occupancy fees and payment dates

6. Appendix A - Plans and Photos: Property plans, photographs, or drawings if relevant

7. Appendix B - Utilities Information: Details of utility accounts, meters, and service providers

Authors

Alex Denne

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

alex.den.21@genieai.co

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Corporate Services

Manufacturing

Education

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Relevant Teams

Legal

Real Estate

Facilities Management

Operations

Compliance

Corporate Services

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Risk Management

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Property Manager

Facilities Manager

Real Estate Agent

Legal Counsel

Corporate Real Estate Manager

Operations Manager

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Compliance Officer

Asset Manager

Property Administrator

Real Estate Director

Relocation Coordinator

Building Manager

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