Early Occupancy Agreement Lease Addendum Template for New Zealand

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Key Requirements PROMPT example:

Early Occupancy Agreement Lease Addendum

"I need an Early Occupancy Agreement Lease Addendum for a commercial property in Auckland where the tenant needs to start moving in equipment from March 1, 2025, while construction finishes up, though the main lease doesn't start until April 1, 2025."

Document background
The Early Occupancy Agreement Lease Addendum is a crucial document in New Zealand property law that addresses situations where tenants need to occupy a property before the formal lease commencement date. This typically occurs in scenarios such as phased move-ins, renovation completions, or transitional periods between tenants. The document supplements the main lease agreement and must comply with New Zealand's Residential Tenancies Act 1986 and Property Law Act 2007. It includes essential provisions for temporary occupancy, such as fees, insurance requirements, property condition assessments, and specific responsibilities of all parties involved. This addendum is particularly important for risk management and legal compliance, as it establishes clear terms for a period that falls outside the standard lease timeline.
Suggested Sections

1. Parties: Identification of the landlord/lessor and tenant/lessee, including full legal names and contact details

2. Background: Reference to the original lease agreement, reason for early occupancy, and context of this addendum

3. Definitions: Key terms used in the addendum, including 'Early Occupancy Period', 'Original Lease', 'Occupancy Fee'

4. Early Occupancy Terms: Specific dates and times for early occupancy, including start and end dates

5. Occupancy Fees: Amount payable for the early occupancy period and payment terms

6. Rights and Obligations: Specific rights and responsibilities of both parties during the early occupancy period

7. Property Condition: State of the property at the start of early occupancy and handling of pre-existing conditions

8. Insurance and Liability: Insurance requirements and allocation of liability during early occupancy

9. Relationship to Original Lease: How this addendum relates to and modifies the original lease agreement

10. Execution: Signing provisions and date of effect

Optional Sections

1. Early Termination: Conditions and process for early termination of the occupancy period, used when parties want specific termination rights

2. Utilities and Services: Responsibility for utilities during early occupancy, used when utility arrangements differ from the main lease

3. Construction/Renovation: Provisions relating to ongoing work during occupancy, used when property is still under construction or renovation

4. Storage of Existing Tenant's Items: Provisions for handling existing tenant's belongings, used when previous tenant's items remain on property

5. Special Access Restrictions: Limitations on access to certain areas, used when parts of the property are not ready for occupancy

6. Temporary Facilities: Provisions for temporary arrangements, used when normal facilities are not yet available

Suggested Schedules

1. Schedule 1: Property Inspection Report: Detailed condition report of the property at the start of early occupancy

2. Schedule 2: Payment Schedule: Detailed breakdown of occupancy fees, deposits, and other charges

3. Schedule 3: Insurance Certificates: Copies of relevant insurance policies and certificates

4. Appendix A: Original Lease Reference: Copy or key terms of the original lease agreement

5. Appendix B: Property Plans: Floor plans indicating accessible and restricted areas during early occupancy

6. Appendix C: Photographic Evidence: Photos documenting property condition at commencement of early occupancy

Authors

Alex Denne

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

Relevant Industries

Real Estate

Property Management

Legal Services

Construction

Residential Property

Commercial Property

Insurance

Property Development

Facilities Management

Professional Services

Relevant Teams

Legal

Property Management

Operations

Risk and Compliance

Facilities

Contract Administration

Asset Management

Tenant Relations

Real Estate Operations

Document Control

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Legal Counsel

Tenant Relations Manager

Facilities Manager

Contract Administrator

Risk Manager

Operations Manager

Compliance Officer

Property Development Manager

Asset Manager

Building Manager

Tenancy Coordinator

Real Estate Attorney

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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