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Mortgage Lease Agreement

Mortgage Lease Agreement Template for Malaysia

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Key Requirements PROMPT example:

Mortgage Lease Agreement

"I need a Mortgage Lease Agreement for a commercial property in Kuala Lumpur, Malaysia, incorporating Islamic financing principles, with a 15-year mortgage term and initial 3-year lease starting March 1, 2025."

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Document background
The Mortgage Lease Agreement is a specialized legal instrument used in Malaysian property transactions where there is a need to combine property financing and leasing arrangements in a single document. This agreement is particularly relevant when property owners seek to mortgage their property while simultaneously leasing it to tenants, requiring careful consideration of both Malaysian banking regulations and property laws. The document addresses the complex interplay between mortgage obligations under the National Land Code 1965 and leasing rights, while potentially incorporating Islamic financing principles which are common in Malaysia. It serves as a comprehensive framework for managing the rights and obligations of all parties involved, including financial institutions, property owners, and tenants, while ensuring compliance with Malaysian legal requirements for both mortgage security and tenant protection.
Suggested Sections

1. Parties: Identification of all parties including the mortgagor (property owner), mortgagee (financial institution), and tenant

2. Background: Context of the agreement, including property ownership status and purpose of the arrangement

3. Definitions: Definitions of key terms used throughout the agreement

4. Mortgage Terms: Details of the mortgage including principal amount, interest rate, repayment terms, and security provisions

5. Lease Terms: Essential terms of the lease including duration, rental amount, and payment schedule

6. Property Use and Maintenance: Permitted use of property, maintenance responsibilities, and condition requirements

7. Insurance: Required insurance coverage for both mortgage and lease aspects

8. Default and Remedies: Consequences and remedies for default under either mortgage or lease provisions

9. Assignment and Subletting: Restrictions and conditions for assignment or subletting of the property

10. Representations and Warranties: Statements of fact and promises made by each party

11. Notices: Methods and addresses for formal communications between parties

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction

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

Optional Sections

1. Islamic Finance Provisions: Required when the mortgage follows Islamic banking principles, including specific Shariah-compliant terms

2. Guarantor Provisions: Include when there is a guarantor for either the mortgage or lease obligations

3. Property Management: Required for properties in managed developments or when specific management arrangements are needed

4. Renovation and Alterations: Include when specific renovation or alteration rights and restrictions need to be detailed

5. Option to Purchase: Include when the tenant is given an option to purchase the property

6. Special Conditions: For any unique requirements specific to the property or arrangement

Suggested Schedules

1. Property Description: Detailed description of the property including title details, address, and specifications

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

3. Condition Report: Initial condition of the property and inventory of fixtures and fittings

4. Insurance Requirements: Detailed specifications of required insurance coverage

5. House Rules: If applicable, rules and regulations for the property usage

6. Maintenance Schedule: Schedule of maintenance responsibilities and regular maintenance requirements

7. Special Provisions: Any special terms or conditions specific to the property or arrangement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Banking and Financial Services

Real Estate

Property Development

Islamic Finance

Insurance

Property Management

Legal Services

Housing Development

Commercial Real Estate

Residential Real Estate

Relevant Teams

Legal

Real Estate

Finance

Compliance

Risk Management

Property Management

Credit Administration

Islamic Banking

Asset Management

Operations

Relevant Roles

Legal Counsel

Property Manager

Finance Manager

Real Estate Agent

Mortgage Officer

Leasing Manager

Compliance Officer

Risk Manager

Property Developer

Banking Officer

Islamic Finance Specialist

Real Estate Attorney

Property Administrator

Asset Manager

Credit Risk 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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