DIY Legal Forms

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Occupancy Agreement

(Type B)

AGREEMENT made on [Date] by and between [Name] of [Address], hereinafter referred to as "Seller", and [Name] of [Address], hereinafter referred to as "Buyer", do hereby agree as follows:

The parties have entered into a purchase and sale agreement, and WHEREAS:

Final settlement and closing will take place on [Date], and Seller desires to occupy the premises from the day of passing of title through to [Date].

As rental, Seller shall pay [$-------] per day, with a minimum payment of [--] days.

The pro-rata utility service bills for the period of occupancy shall be paid by Seller.

Seller shall vacate the premises by [Date], which duty shall be specifically enforceable. Seller shall give immediate notice of the date when they vacate once the same is known or reasonably estimable.

Seller shall leave the premises in the same condition as at closing, ordinary wear and tear excepted.

It is specifically agreed that there is no tenancy created between the Buyers and Sellers, but we, the Sellers, are occupying the said premises on the sufferance of the Buyers.

Any notice to be given or to be served upon any party hereto must be in writing and may be given by certified or registered mail, but shall be deemed to have been given and received when a certified or registered letter containing such notice, properly addressed with postage prepaid, is deposited with U.S. Mail. If notice is given in some manner other than by certified or registered mail, it shall be deemed to have been given when delivered to and received by the party to whom it is addressed, Such notices shall be given to the parties hereto at the following addresses:

If to the Seller:
[name]
[street address]
[city, state, zip]

If to the Buyer:
[name]
[street address]
[city, state, zip]

All such notices and communications shall be deemed to have been duly given when delivered by hand, if personally delivered; (--) business days after deposit in U.S. Mail, postage prepaid, if mailed; when answered back, if faxed; and when receipt is acknowledge. Any party hereto may change its address for purposes of this paragraph by written notice given in the manner provided above.

Neither party has made any representations nor promises, other than those contained in this agreement or in some further writing signed by the party making the representation or promise.

In the event that any legal action is required to enforce the rights provided for herein, Seller shall pay all reasonable attorneys fees and costs incurred by Seller.

This agreement may not be modified unless the modification is in writing and executed by the parties hereto.

This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written.

This Agreement supersedes any prior written or oral agreements between the parties.

Neither this agreement nor any right or interest thereunder shall be assigned in any respect whatsoever.

Exclusion of Oral Statements. This instrument contains all of the agreements of the parties. No oral or other statements shall be binding on either of the parties hereto.

Applicable Law. This Agreement shall be governed by the laws of the State of [State].

Time of The Essence. Time is the essence of this agreement.

IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at [City], [State].

Signature

Seller

Signature

Buyer

This Section for Notary:

Acknowledgment

STATE OF -------)

) ss: [date]

COUNTY OF ------)

On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

Witness my hand and official seal.

[signature]

[Name of Notary Public]

My commission expires: [date]

(Seal)