The Mortgage Lease Agreement is a specialized legal instrument used in German real estate transactions where property rental and mortgage security need to be combined in a single document. This agreement is particularly relevant when property owners wish to lease out mortgaged property or when seeking to establish both lease and mortgage arrangements simultaneously. The document must comply with German property law, banking regulations, and the German Civil Code (BGB), requiring notarization and registration in the land registry (Grundbuch). It includes detailed provisions for property use, maintenance responsibilities, rent payment terms, mortgage conditions, and default remedies. The agreement is commonly used in both commercial and residential contexts, requiring careful consideration of tenant rights, banking security requirements, and property law regulations. The document's complexity necessitates professional legal guidance to ensure all parties' interests are properly protected and all regulatory requirements are met.
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1. Parties: Identification of all parties: Lessor/Mortgagor, Lessee, and Mortgagee (typically a bank)
2. Background: Context of the agreement, including property details and purpose of the arrangement
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property including land registry details (Grundbuch information)
5. Lease Terms: Duration of lease, renewal options, and termination conditions
6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment
7. Mortgage Details: Loan amount, interest rate, repayment terms, and security provisions
8. Property Use and Maintenance: Permitted use of property, maintenance responsibilities, and restrictions
9. Insurance Requirements: Required insurance coverage for property and liability
10. Default and Remedies: Consequences of default on either lease or mortgage payments
11. Assignment and Subletting: Conditions for transferring rights or subletting the property
12. Notices: Communication requirements and contact details
13. Governing Law: Confirmation of German law application and jurisdiction
14. Execution: Signature requirements and notarization provisions
1. Property Management: Required when a property management company is involved in maintaining the property
2. Utilities and Services: Needed when specifying responsibility for utility connections and payments
3. Renovation Rights: Include when specific renovation or modification rights are granted to the lessee
4. Co-occupancy Rules: Required for multi-tenant properties or shared facilities
5. Environmental Provisions: Include for properties with specific environmental considerations or requirements
6. Historic Preservation Requirements: Necessary for historically protected buildings (Denkmalschutz)
7. Commercial Use Provisions: Include when property is used for business purposes
8. Parking and Storage: Required when separate parking or storage facilities are included
1. Property Floor Plans: Detailed plans and measurements of the property
2. Land Registry Extract: Current Grundbuch extract showing property details and encumbrances
3. Rent Payment Schedule: Detailed breakdown of rent payments and due dates
4. Mortgage Amortization Schedule: Schedule of mortgage payments including principal and interest
5. Inventory List: List of any furnishings or equipment included in the lease
6. Maintenance Schedule: Schedule of required maintenance and inspections
7. Insurance Certificates: Copies of required insurance policies
8. Energy Certificate: Current energy performance certificate (Energieausweis)
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