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Notarized leases: the ideal solution for secure rentals

When it comes to renting real estate, legal certainty is a major concern for landlords and tenants alike. When it comes to drawing up a rental contract, many opt for a private document signed directly between the parties. However, choosing a notarized lease proves to be a far more advantageous option, especially when you're looking for greater legal certainty. A notarized lease, drawn up in the form of an authentic deed, gives the contract unquestionable legal value, offering unrivalled peace of mind to both parties.

What is a notarized lease?

A notarized lease is a rental contract drawn up and authenticated by a notary. Unlike private leases, this document has the probative force and enforceability of an authentic deed. This means that the date of signature and the facts recorded in the contract are legally indisputable. What's more, in the event of one of the parties failing to meet his or her obligations, the notarized lease enables the owner to act more quickly, in particular to recover his or her property in the event of non-payment of rent.

The advantages of a notarized lease for rental purposes
Opting for a notarized lease for rental purposes offers a number of advantages:

1. Unrivalled legal security
A notarized lease offers three essential legal guarantees:

  • Date certain: The date on which the contract is signed is definitively fixed and cannot be contested.
  • Evidentiary value: The elements recorded by the notary in the deed have superior legal value, and their veracity cannot be called into question.
  • Enforceability: In the event of a dispute, the owner can directly call on a bailiff to enforce the terms of the contract, without having to go through lengthy and costly legal proceedings.
2. A tailor-made, legally compliant rental contract
Since August 1, 2015, legislation has required all rental contracts to be drawn up according to a standard model. Although the drafting of a notarized lease is only compulsory for contracts lasting more than 12 years, it is strongly recommended for all rentals, whatever their duration. In fact, a notarized lease ensures that the contract complies fully with current legislation, offering maximum protection for both landlord and tenant.

3. Greater protection for the landlord
For landlords, signing a notarized lease with their tenant offers enhanced legal protection. In the event of non-payment of rent or non-compliance with contractual obligations, the landlord has a fast and effective legal means of enforcing his rights, thanks in particular to the enforceability clause in the deed. This considerably reduces the time and costs involved in recovering the rented property in the event of a dispute.

4. Peace of mind for the tenant
On the tenant's side, the notarized lease ensures total transparency and strict respect of rights. The tenant can be sure of signing a contract that scrupulously complies with current legislation, including all the guarantees provided by law. What's more, by signing a notarized lease, the tenant can be sure that the contract will be kept securely by the notary, making it easy to retrieve should the need arise. This can be particularly useful in the event of a dispute or verification of the terms of the contract.

What is a notarized lease?

A notarized lease is a rental contract drawn up and authenticated by a notary. Unlike private leases, this document has the probative force and enforceability of a notarial deed. This means that the date of signature and the facts recorded in the contract are legally indisputable. What's more, in the event of one of the parties failing to meet his or her obligations, a notarized lease enables the owner to act more quickly, in particular to recover his or her property in the event of non-payment of rent.

The advantages of a notarized lease for rental purposes
Opting for a notarized lease has a number of advantages:

1. Unrivalled legal security
A notarized lease offers three essential legal guarantees:

  • Date certain: The date on which the contract is signed is definitively fixed and cannot be contested.
  • Evidentiary value: The elements recorded by the notary in the deed have superior legal value, and their veracity cannot be called into question.
  • Enforceability: In the event of a dispute, the owner can directly call on a bailiff to enforce the terms of the contract, without having to go through lengthy and costly legal proceedings.
2. A tailor-made, legally compliant rental contract
Since August 1, 2015, legislation has required all rental contracts to be drawn up according to a standard model. Although the drafting of a notarized lease is only compulsory for contracts lasting more than 12 years, it is strongly recommended for all rentals, whatever their duration. In fact, a notarized lease ensures that the contract complies fully with current legislation, offering maximum protection for both landlord and tenant.

3. Greater protection for the landlord
For landlords, signing a notarized lease with their tenant offers enhanced legal protection. In the event of non-payment of rent or non-compliance with contractual obligations, the landlord has a fast and effective legal means of enforcing his rights, thanks in particular to the enforceability clause in the deed. This considerably reduces the time and costs involved in recovering the rented property in the event of a dispute.

4. Peace of mind for the tenant
On the tenant's side, the notarized lease ensures total transparency and strict respect of rights. The tenant can be sure of signing a contract that scrupulously complies with current legislation, including all the guarantees provided by law. What's more, by signing a notarized lease, the tenant can be sure that the contract will be kept securely by the notary, making it easy to retrieve should the need arise. This can be particularly useful in the event of a dispute or verification of the terms of the contract.

Why choose an acte authentique for your rental?

A notarial deed is a document drawn up and signed by a notary, which gives it greater legal force than a simple private deed. In the case of a notarized lease, the deed ensures total impartiality, as the notary is required to ensure that the contract is balanced between the two parties. This impartiality ensures that neither the landlord nor the tenant is disadvantaged by the terms of the contract.
A notarized lease involves additional costs compared to a private contract. These costs are generally shared equally between the landlord and tenant, and represent around 50% of the first rent excluding charges. Although these costs may seem high, they are far outweighed by the legal advantages and security offered by a notarized lease. Indeed, avoiding costly litigation and delays in recovering a property in the event of a problem can prove far more economical in the long term.

In short, a notarized lease is the solution of choice for any real estate rental, offering unrivalled legal security thanks to the notarized deed. Whether you're a landlord looking to protect your property, or a tenant looking to guarantee your rights, opting for a notarized lease is a wise decision. With the many guarantees it offers, the notarized lease stands out as an essential tool for securing your real estate transaction and ensuring a serene rental relationship.

Why choose a notarial deed for your lease?

A notarial deed is a document drawn up and signed by a notary, giving it greater legal force than a simple private deed. In the case of a notarized lease, the notarized deed ensures total impartiality, as the notary is required to ensure that the contract is balanced between the two parties. This impartiality ensures that neither the landlord nor the tenant is disadvantaged by the terms of the contract.
A notarized lease involves additional costs compared to a private contract. These costs are generally shared equally between the landlord and tenant, and represent around 50% of the first rent excluding charges. Although these costs may seem high, they are far outweighed by the legal advantages and security offered by a notarized lease. Indeed, avoiding costly litigation and delays in recovering a property in the event of a problem can prove far more economical in the long term.

In short, a notarized lease is the solution of choice for any real estate rental, offering unrivalled legal security thanks to the notarized deed. Whether you're a landlord looking to protect your property, or a tenant looking to guarantee your rights, opting for a notarized lease is a wise decision. With the many guarantees it offers, the notarized lease stands out as an essential tool for securing your real estate transaction and ensuring a serene rental relationship.