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Mortgage Lease Agreement

Mortgage Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Mortgage Lease Agreement

"I need a Mortgage Lease Agreement under German law for a commercial property in Berlin's tech district, with provisions for the tenant to make substantial renovations for converting the space into modern offices, starting from March 2025."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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)

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions












































Clauses









































Relevant Industries

Real Estate

Banking and Financial Services

Property Development

Property Management

Insurance

Legal Services

Commercial Property

Residential Property

Construction

Property Investment

Relevant Teams

Legal

Real Estate

Finance

Risk Management

Compliance

Property Management

Banking Operations

Investment

Administrative Services

Contract Management

Relevant Roles

Real Estate Lawyer

Property Manager

Bank Manager

Mortgage Advisor

Real Estate Agent

Legal Counsel

Property Developer

Financial Director

Compliance Officer

Risk Manager

Real Estate Investment Manager

Property Administrator

Notary Public

Banking Officer

Real Estate Portfolio Manager

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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