PRE-CLOSING LEASE/PRE-CLOSING OCCUPANCY AGREEMENT

 

This is a lease (also called an occupancy agreement) where the Buyer will rent the home PRIOR to the closing.   Our office does not prepare these leases because they are extremely dangerous.

 

1. The sale may never occur, and the Tenant will often fight the seller and REFUSE TO VACATE.  Now you have a real estate dispute PLUS a Landlord/Tenant dispute.

 

2. Often there are deposit or escrow funds which will be fought over if the sale does not happen.

 

 

3.       You have no way to know if or when the sale will actually go through despite what you may think.

 

4. Depending on the sales contract, you may not be able to evict and you will have a complex case to deal with.    

 

 

5. PRE-CLOSING LEASES/OCCUPANCY AGREEMENTS should be drafted by a seasoned real estate attorney who fully understands the law.

 

 

POST-CLOSING LEASE/POST-CLOSING OCCUPANCY  AGREEMENT

 

Our office prepares these all the time.  This is where once the closing occurs, the Seller becomes a Tenant.  It is a specially drafted lease but has most of the similar terms and conditions of a lease.

 

1. Simply go to www.attorneylease.com and send in your Lease Request like normal and state in the special stipulations that you are requesting a POST-CLOSING LEASE/POST-CLOSING OCCUPANCY AGREEMENT.

 

2. You will think about all the normal terms and conditions that you would want in a normal lease. The only thing different is that the Seller is becoming a Tenant once the closing occurs.

 

3. You must take this seriously as the Seller who becomes a Tenant, and the Buyer now are Landlord and Tenant and all the Landlord/Tenant Laws apply.

 

4. OFTEN the Seller who becomes a Tenant cannot find a place to move as they had planned and the Buyer who is now a Landlord may not want to let the Tenant stay.  You MUST be prepared for this.

 

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