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Legal Definitions - occupancy
Definition of occupancy
Occupancy refers to the act, state, or period of possessing, residing in, or using a property or space. It signifies a physical presence or control over a location, often based on a legal right such as ownership, a lease agreement, or a specific permission to use. It can also describe the particular purpose for which a property is being utilized, such as for living, business, or storage.
Example 1 (Residential Use): A family signs a rental agreement for a house. Their occupancy of the house begins on the move-in date, meaning they are living there, keeping their belongings, and using the property as their home according to the terms of their lease.
Explanation: This illustrates occupancy as the act of residing in and using a property under a legal agreement (a lease), establishing it as their primary residence for a specific period.
Example 2 (Commercial Use): A new tech startup leases an office suite in a downtown building. The startup's occupancy of that suite involves its employees working there daily, holding meetings, and using the space to conduct their business operations.
Explanation: Here, occupancy refers to the business's active use and control of a commercial property for its operational purposes, demonstrating that occupancy extends beyond just residential living.
Example 3 (Temporary or Event Use): A local charity obtains a permit from the city to host a fundraising gala in a public convention center ballroom for one evening. For the duration of the event, the charity has occupancy of the ballroom, allowing them to set up decorations, tables, and stages for their guests.
Explanation: This example shows occupancy as a temporary, permitted use and control of a specific space for a defined purpose, highlighting that it doesn't always require long-term residence or ownership.
Simple Definition
Occupancy refers to the act, state, or period of living in, using, or possessing property. This includes holding property as an owner or tenant, and also encompasses the legal act of taking possession of unowned or abandoned property with the intention of acquiring ownership.