Mortgage Lease Agreement Template for United Arab Emirates

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Key Requirements PROMPT example:

Mortgage Lease Agreement

"I need a Mortgage Lease Agreement for a commercial property in Dubai Marina, with a Sharia-compliant financing structure of AED 5 million, where the property will be leased to a retail business tenant starting March 2025."

Document background
The Mortgage Lease Agreement is a specialized legal instrument used in the United Arab Emirates when property financing and leasing arrangements need to be combined in a single transaction. This document is particularly relevant when property owners seek to secure financing while simultaneously establishing lease terms, either for their own occupancy or for third-party tenants. The agreement must comply with UAE federal property laws, banking regulations, and emirate-specific real estate legislation, with additional considerations for Sharia compliance where applicable. It encompasses critical elements such as financing terms, security provisions, lease conditions, payment schedules, and property management responsibilities, making it a comprehensive document for secured property transactions in the UAE market.
Suggested Sections

1. Parties: Identification of all parties including the mortgagor (borrower/tenant), mortgagee (lender), and any guarantors

2. Background: Context of the agreement, including property details and purpose of the mortgage lease arrangement

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Property Details: Comprehensive description of the mortgaged property including title details and registration information

5. Mortgage Terms: Terms of the mortgage including principal amount, interest/profit rate, payment schedule, and duration

6. Lease Terms: Terms of the lease including rent amount, payment frequency, and duration

7. Security Provisions: Details of the security interest created by the mortgage

8. Representations and Warranties: Statements of fact and promises made by both parties

9. Covenants: Ongoing obligations of the parties during the term of the agreement

10. Insurance Requirements: Mandatory insurance coverage for the property

11. Default and Remedies: Events of default and available remedies

12. Termination: Circumstances and procedures for termination of the agreement

13. Notices: Process for serving notices between parties

14. Governing Law and Jurisdiction: Specification of UAE law application and jurisdiction

Optional Sections

1. Sharia Compliance: Required when the mortgage is structured as an Islamic finance product

2. Guarantees: Required when there are third-party guarantors for the mortgage

3. Property Management: Include when specific property management arrangements are part of the agreement

4. Assignment and Subletting: Include when transfer or subletting rights are granted to the tenant

5. Refinancing Provisions: Include when refinancing options are being provided

6. Renovation and Alterations: Include when specific provisions for property modifications are needed

7. Force Majeure: Include when specific force majeure provisions are required beyond standard provisions

Suggested Schedules

1. Property Schedule: Detailed property description, including floor plans and title documents

2. Payment Schedule: Detailed breakdown of mortgage payments and rent payments

3. Insurance Schedule: Specific insurance requirements and policies

4. Maintenance Schedule: Detailed maintenance obligations and schedules

5. Condition Report: Initial condition report of the property

6. Permitted Use: Detailed specifications of permitted use of the property

7. Required Licenses: List of required licenses and permits

8. Service Charges: Breakdown of service charges and other fees

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 legal definitions
Clauses
Relevant Industries

Banking and Financial Services

Real Estate

Islamic Finance

Property Development

Commercial Property

Residential Property

Property Investment

Asset Management

Construction

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Islamic Banking

Corporate Affairs

Operations

Asset Management

Relevant Roles

Legal Counsel

Property Manager

Real Estate Director

Finance Manager

Mortgage Advisor

Compliance Officer

Real Estate Investment Manager

Islamic Finance Specialist

Property Portfolio Manager

Risk Manager

Banking Relationship Manager

Real Estate Transaction Manager

Corporate Lawyer

Property Registration Officer

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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