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.
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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
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
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
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