The Post Closing Occupancy Agreement is essential in Belgian real estate transactions where sellers require continued occupancy of the property after the sale closing. This situation commonly arises when sellers need additional time to relocate, complete their new property purchase, or manage other transitional circumstances. The agreement, governed by Belgian law and compliant with regional housing codes, provides a structured framework for this temporary arrangement. It carefully outlines the rights and obligations of both parties, including occupancy fees, maintenance responsibilities, insurance requirements, and utility arrangements. The document serves to protect both parties' interests during this interim period and helps prevent potential disputes by clearly defining the terms of the temporary occupancy.
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1. Parties: Identification of the buyer (new owner) and seller (temporary occupant)
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 Occupancy: Specific terms of the temporary occupancy rights granted to the seller
5. Term and Termination: Duration of occupancy period, start/end dates, and conditions for early termination
6. Occupancy Fee: Amount, payment schedule, and terms of the occupancy fee
7. Security Deposit: Terms of security deposit, including amount, holding, and conditions for return
8. Utilities and Expenses: Responsibility for utilities, maintenance costs, and other expenses during occupancy
9. Insurance and Liability: Insurance requirements and allocation of liability during occupancy period
10. Maintenance and Repairs: Responsibilities for property maintenance and repairs during occupancy
11. Access Rights: Buyer's rights to access the property during occupancy period
12. Governing Law: Specification of Belgian law as governing law and jurisdiction
13. Signatures: Execution section for both parties
1. Property Management: Include when specific property management arrangements are needed during occupancy
2. Pet Provisions: Include when the seller has pets that will remain in the property
3. Moving and Storage: Include when specific arrangements for moving out or temporary storage need to be addressed
4. Subletting Prohibition: Include when explicit prohibition of subletting needs to be emphasized
5. Property Improvement Restrictions: Include when restrictions on property modifications need to be specified
6. Early Surrender Provisions: Include when specific terms for early surrender of the property need to be detailed
7. Force Majeure: Include when specific provisions for unforeseen circumstances affecting occupancy are needed
1. Schedule 1 - Property Description: 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 property condition at start of occupancy
4. Schedule 4 - Utility Readings: Initial utility meter readings at start of occupancy
5. Schedule 5 - Insurance Certificates: Copies of required insurance certificates
6. Appendix A - House Rules: Any specific rules or restrictions during occupancy period
7. Appendix B - Move-out Checklist: Detailed requirements for final move-out and property handover
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