DIY Legal Forms

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Occupancy Agreement

(Note: This document is in supplement to a Real Estate Purchase and Sale Agreement between a Buyer and Seller)

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

I, [Name], being the Buyer of the property located at [Address] do hereby grant full consent for the Seller to occupy said premises from this date through [Date].

The Seller agrees to be bound by the following terms and conditions during the period of occupancy:

(a) To pay an occupancy charge of [$------] per [Day/Week/Month] until the end of my occupancy.

(b) Electric and fuel will be the responsibility of the Seller throughout the term of occupancy.

(c) If Seller occupies after the date mentioned above, Buyer will assess a charge of [$------] per day as liquidated damages in addition to the occupancy charge.

(d) Seller agrees to leave the premises in the same condition as when papers were passed.

(e) Seller agrees to hold the Buyer harmless and blameless for any loss of personal belongings regardless of cause.

(f) Passing of papers does not constitute fulfillment of this Agreement, and this agreement shall survive the passing of papers.

(g) It is understood that there is no tenancy created between the Buyer and Seller, but the Seller is to occupy said premises on the sufferance of the Buyer.

(h) A deposit in the amount of [$------] will be held by the Buyer's attorney to insure the Seller's conformance with this contract. Deposit to be paid at the closing and returned when Seller vacates in accordance with the terms herein.

This Agreement including any attachments is the entire agreement between the parties and there are no other promises or conditions in any other written agreement.

This Agreement supersedes any prior oral agreements between the parties.

This Agreement shall be binding upon the parties hereto and their respective heirs, administrators, successors, and assigns.

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

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

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

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].


[Name], Seller


[Name], Buyer

Witnessed by:

This Section for Notary:


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.


[Name of Notary Public]

My commission expires: [date]