does an assignment of lease need to be notarized

Is It Necessary to Notarize a Lease Agreement?

Understanding lease agreements and their notarization can clarify the legalities of renting, ensuring smooth relations between landlords and tenants. This guide dives into the essentials, from the importance of lease agreements—whether written or verbal—to the benefits of notarization, which adds a layer of trust and legal validity, although not always required, depending on state laws and lease specifics.

does an assignment of lease need to be notarized

If you're a landlord or tenant puzzled by the details of lease agreements and curious about the role of notarization, you've come to the right place. The legalities of renting can seem daunting, but they are essential for ensuring a smooth relationship between a landlord, property owners, and renters.

This guide provides a straightforward overview of lease agreements, highlighting their importance as legally binding documents, whether verbal or written. We'll also delve into notarization—a step that authenticates your lease agreement further, enhancing its security and the mutual trust between landlords and tenants.

Dive into the fundamentals of lease agreements and the notarization process with us. With this knowledge, you can confidently approach the legal aspects of renting, making well-informed decisions that safeguard your rights.

Understanding notarized lease agreements

A lease agreement, or rental contract, establishes a legally binding relationship between a property owner, tenant, and renter, detailing the terms and conditions of the rental arrangement. While it's more common to encounter written lease agreements, verbal contracts can also hold legal weight under specific circumstances.

These agreements safeguard all parties involved, minimizing potential legal disputes by clearly outlining rights and responsibilities. Before finalization, leases can be adjusted to address any changes, clarify points of confusion and legal requirements, and ensure both landlord and tenant are on the same page.

But what does notarization mean in relation to lease agreements? Notarization involves a notary public officially confirming the signatures on the document. This step goes beyond merely applying a stamp or seal; it certifies the authenticity of the lease agreement itself.

For landlords and tenants alike, notarization adds a layer of trust, security deposit, and legal validity to the document, enhancing the security of the contractual relationship.

The legal implications of notarizing lease agreements

Notarizing a lease agreement goes beyond the mere formalities. It carries legal implications, with varying requirements based on state laws, lease terms and duration, legal description, and property type.

We will explore the specifics of requirements based on the state, duration of the lease period, the lease term, and the legal requirement for non-residential lease notarization.

State-specific requirements

Notarization requirements for lease agreements span a wide spectrum across different U.S. states and territories. Take Washington State, for instance. According to Washington State Law under RCW 59.18.210 and RCW 59.18.010, if a lease is for a term of more than one year, it must be notarized. Leases exceeding two years need to be recorded in the county recorder’s office where the property is located.

The role of signature witnesses during the document recording also depends on the specific state law. Ohio, similar to Washington State , also bases its notarization requirements for lease agreements on the duration of the lease.

The variation in state-specific requirements underscores the importance of being well-informed about local laws.

Non-residential leases and notarization

Generally, non-residential leases do not require notarization. However, in Washington State, residential and commercial leases exceeding two years must be recorded in addition to the contract being notarized, as they are considered a transfer of real property interest. Similarly, Ohio mandates notarization for residential and commercial leases exceeding a three-year term.

Despite the lack of a general mandate, notarizing commercial leases can offer added protection in case of disputes or ambiguities concerning the lease agreement. This practice ensures that the landlord and tenant are on the same page, literally and figuratively, mitigating potential legal complications.

When is it advisable to have your lease notarized?

As discussed, although not always legally recognized and required, notarization provides several advantages:

It vouches for the authenticity of the lease agreement
It confirms the identity of the involved parties
Notarized leases add an enforceability layer, making it easier to prove the validity of the lease terms in the event of a dispute.

Notarizing a lease can provide the tenant with several benefits, including:

Ensuring indisputable recognition of the amounts paid by the tenant, preventing issues regarding payment terms
Accounting for all legal guarantees within the lease, reducing the chance of overlooking essential obligations
Equating the tenant’s payment obligations to a court decision, allowing for swift recourse in instances of non-payment

Though notarization may be unnecessary in certain situations and is typically contingent on state laws and the specific circumstances of the lease or tenancy agreement, it is advisable as it provides a significant level of authenticity, enforceability, and protection for both landlords and tenants.

Can I notarize a lease agreement myself?

As a landlord or property manager, you cannot notarize a lease agreement —or any document—if you are a party to the document. Notarizing your own documents would be a conflict of interest and is not legally permissible.

To have a lease agreement notarized, you would need to find an independent notary public who does not have a stake in the agreement.

The notarization process

Finding a Notary Public is your first step. You can use online resources like FindaNotary.com , Notary Public databases, or directories.

Alternatively, you can find notary services at banks, libraries, and photocopy shops during regular business hours. Retail locations such as AAA, UPS Stores, law firms, real estate offices, tax preparer offices, and auto-tag and license service centers often have on-site notaries. It’s advised to call these locations in advance to ensure a notary is available.

Upon locating a notary, you can proceed to the actual notarization. This requires the signer's personal appearance, which can be in person or through remote online notarization. Before notarization, check the lease agreement for any blank spaces and confirm the type of notarization required by the notarization of a lease document’s certificate wording.

The notary must carefully identify the signer using personal knowledge, acceptable identity documents, or credible identifying witnesses as part of the notarization procedure.

The notarization details must be recorded in the Notary’s journal, as this could be essential if the document or the notarization is challenged in the future. The final step includes completing the notarial certificate and ensuring all details, venue, notary signature, and notary seal are correctly placed and legible.

Remote online notarization

Remote Online Notarization (RON), a modern solution, facilitates lease agreement notarization via electronic signatures and real-time identity verification on digital platforms. RON simplifies the notarization process, allowing for rapid and efficient document execution and cost savings by minimizing the need for physical documents and storage.

RON is a blessing for landlords managing properties in various locations and for tenants relocating, as it offers the convenience of remote management. Moreover, RON technologies contribute to environmental conservation by reducing paper use and incorporating digital audit trails for increased security and evidence of transactions.

With an established fee structure, RON services are widely available across most U.S. states, promoting accessibility while providing secure platforms that incorporate fraud prevention mechanisms.

Costs and considerations for notarizing a lease

Potential costs should be factored in while contemplating lease notarization. Notary public fees paid for notarizing documents like leases vary by state, with maximum fee schedules set by state regulations.

Additional costs may include travel fees if the notarization is performed off-site, and any lease or contract amendments will require a new notarization, which can add additional fees to the time and total expense.

However, there are ways to offset these costs. Cost-saving options for notarization can include using services provided by banks or credit unions, which sometimes offer discounted or complimentary notarizations for their account holders.

Weighing these costs and considerations can help you make a more informed decision about notarizing your lease.

The role of witnesses in lease notarization

In lease notarization, witnesses hold a significant role. They observe the signing of the document with two witnesses and must be over 18, of sound mind, and have no interest in the lease to avoid conflicts of interest. Their presence ensures that signing parties act willingly and without coercion while providing assurance about the authenticity and validity of signatures should they be disputed.

Notaries generally should not act as witnesses to maintain impartiality; however, in certain states, they may become signature witnesses for real property transactions. The signer is responsible for providing the witness, while the notary must record witness signatures as necessary.

Signature witnesses are not required to be identified, nor are their own signatures notarized. Notaries should note the signature witness’s name in their journal for record-keeping and as a best practice, although notarization is unnecessary for that witness.

Electronic signatures and digital leasing agreements

Electronic signatures and digital leasing agreements, such as those offered by Azibo, have changed how rental contracts can be handled. They offer:

Cost savings by reducing paper, ink, and transportation expenses
A more professional and current image for landlords, which can attract tenants and improve occupancy rates
Safe document storage and organization, enhanced by encryption and secure cloud storage facilities

Creating an electronic signature for a lease involves the following steps:

Selecting a service
Uploading the document
Designating signature areas
Specifying signatories
Sending it to be signed

Signing processes can be automated by integrating data sources and management systems, improving accuracy and efficiency.

Electronic signatures enable signers to execute leases and temporary contracts from various locations, adding significant flexibility for all parties involved.

Notarized lease agreement–Your questions, answered

Lease agreements are vital to rental legality, and notarization is crucial in validating these agreements. Notarization requirements vary by state lease duration and even the type of property leased. While not always legally required, notarizing leases is advisable for added authenticity, enforceability, and protection.

Modern solutions like Remote Online Notarization simplify the process, while digital leasing agreements and electronic signatures, such as those offered through Azibo, streamline transactions.

With the role of witnesses and notaries in preventing fraud and the insights from legal professionals, it’s clear that notarizing lease agreements is a prudent step towards a more secure rental process.

Do lease agreements need to be notarized FAQs

Do leases in ny need to be notarized.

No, lease agreements do not need to be notarized in New York. As leases are considered similar to standard contracts valid in the state, notarization is not required.

Does a lease have to be notarized in Texas?

No, lease agreements do not notarize a lease need to be notarized in Texas. They only need to be signed by the tenant and landlord.

Does a rental agreement need to be notarized in California?

No, in California law, rental agreements do not need to be notarized. It is only notarized is required by state law as long as the criteria for a valid and legally binding lease are met.

Disclaimer: This article provides general information regarding the notarization of lease agreements and the use of digital leasing agreements and electronic signatures. The necessity and process of notarizing lease agreements can vary significantly by jurisdiction and may depend on specific circumstances. Therefore, it is essential to consult with a legal professional to understand the requirements and implications of notarization in your area.

Important Note: This post is for informational and educational purposes only. It should not be taken as legal, accounting, or tax advice, nor should it be used as a substitute for such services. Always consult your own legal, accounting, or tax counsel before taking any action based on this information.

With 7 years in property management, Gemma serves as a key content strategist at Azibo.com. While excelling in writing, editing, and SEO, she also enhances Azibo's social media presence. Passionately, Gemma educates others to make informed real estate investment decisions in the ever-changing market.

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The Signature No One Talks About – Notarization on Lease Agreements

by Daniel Ross | Dec 10, 2017 | Contract Law

If your business operates a brick-and-mortar store – a commercial storefront, a share-space, even a kiosk – your space is your livelihood. If your business is real estate leasing, your tenants are your bread and butter. In a congenial business relationship, all parties involved benefit from an airtight lease agreement; in a contentious tenancy, the benefit is in knowing where the lease falls short.

Notarization is often overlooked in the long lease checklist, partially because the need for notarization is uncertain. When should I get a notary? Does the law differ on commercial versus residential leases? What if we later modify the lease?

Thankfully, we can answer these questions in short order. Let’s start with the fundamentals.

Basic Notarization Requirements

Under Ohio’s Statute of Frauds (O.R.C. § 1335.04), all transactions involving interests in real estate must be in writing and signed. Signed by whom? Well, the parties to the lease of course. But for notary signature requirements, we must turn to Ohio’s Conveyance Statute.

The Conveyance Statute (O.R.C. § 5301) has two defining characteristics. First, it applies equally to residential and commercial leases. Second, it’s requirements for notarization are mainly a function of time. Read together, sections 5301.01 and 5301.08 state that a lease whose term is three years or less does not require notarization. By its inverse, leases greater than three years do require notarization – an interpretation which the courts have confirmed.

Extensions and Modifications

Things get more complicated when we talk about lease renewals and extensions, but only slightly. When calculating the “length” of a real estate lease that contemplates an extension, we add the extension’s longest potential length to the original term. For example, a three-year original term with a one-year renewal brings our lease to four years in length and places it within the Conveyance Statute. A one-year initial term with recurring one-year renewal terms has the same effect. As a rule of thumb, if a lease could last more than three years, it needs to be notarized. This applies to automatic renewals and options alike.

Modifications of a lease may also require notarization, depending on the type of modification made. Under Ohio law, where a modification to a lease alters the “fundamental possessory interests” of the parties, it is a conveyance of interest and must be notarized. A “fundamental possessory interest” can be either a change in the dimensions of space to which the tenant has access (i.e. adding or subtracting lease space) or – of course – a change in lease duration.

Effects of Improper Execution

A lease that falls within the Conveyance Statute and is not notarized is known as a defectively executed lease. Once a tenant takes possession under a defective lease and pays rent, only a periodic tenancy is implied by law, regardless of the duration stated in the lease. The implied “period” of the tenancy is based on the lease’s payment schedule. If rent comes due monthly, the law will imply a month-to-month periodic tenancy. In all other respects, the terms of the defective lease will be upheld.

It’s always best to do the math and determine for yourself if a lease could last more than three years. Sometimes provisions can complicate an otherwise simple math problem, so if you’re uncertain you should consult an attorney or play it safe and secure notarization.

Thank you for your readership and continuing interest in Daniel Ross & Associates. Please reach out to us or post a comment below to continue the discussion.

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What Is A Memorandum Of Lease, And Do I Need To Have One?

By Edward Woodall

If you have a lease for an office, shop, restaurant, or any other commercial use, there’s a good chance that your lease contains a reference to a “memorandum of lease” or maybe a “short-form lease.” Go on, check it – I’ll wait. When you signed the lease, you probably didn’t read this section carefully or consider what it meant for you and your business. Your landlord probably didn’t either. But a memorandum of lease, its contents, and which party to the lease, if any, is authorized to record them are important to ensure your lease is enforceable in the long run. In this article, I’ll explain what a memorandum of lease is, whether you should record one, and what information it needs to contain to be legally effective.

What Is a Memorandum of Lease?

A memorandum of lease, sometimes called a short-form lease, a notice of lease, or a registration of lease, does exactly what it says on the tin. It’s a condensed version of your lease, boiled down to the bare necessities. The purpose of this document is simple – memoranda of lease are prepared, signed, and recorded against the landlord in the register of deeds of the county where the leased premises are located to protect your rights as a tenant. By getting your lease in the chain of title to the property , the memorandum of lease gives notice to would-be buyers of the property that you’re there and that they’ll take title to the property subject to your lease.

Do I Need to Record a Memorandum of Lease?

As I noted above, the principal reason to record a memorandum of lease is to get your lease in the chain of title. This is important because, under North Carolina law, buyers of property aren’t bound by leases of longer than three years unless those leases have been recorded. Let me say that again: if your lease has a term longer than three years, including options to renew or extend, then you need to have a memorandum of lease recorded. Otherwise, a buyer could acquire the property and remove you from the premises, and your only recourse would be to sue your old landlord – you couldn’t get the premises back even if you won. If your lease term is three years or less, then no memorandum of lease is required – so long as you’re in clear possession of the premises, then your rights are protected. If your lease has certain other provisions, like an option to purchase the premises or an exclusive, you may also want to have those recorded.

What Information Does My Memorandum of Lease Need to Contain?

Once you’ve decided to record the memorandum of lease, you’ll need to consider what information to put in it. The law requires certain information, described below, but doesn’t limit what you’re allowed to include in the memorandum of lease.

Sometimes, people record the entire lease, but I recommend you not do that for two reasons. First, the lease likely contains a great deal of information you’d like to keep confidential, like the rent you’re paying. Second, the lease itself probably doesn’t comply with the formal requirements for document recording, like notarization – having a document prepared specifically for recording is typically better. But what should that document contain?

The law requires that the memorandum of lease contain the following information:

The names and addresses of both parties to the lease
A description of the premises being leased, sufficient for a third party to know where the leased premises are and what land the memorandum of lease affects
The term of the lease, including any extensions or renewals
A brief description of the lease itself – I recommend stating the full name of the lease and the date it was executed
Certain other provisions, like options to purchase the premises or rights of first refusal, must also be included
Both landlord and tenant must sign the memorandum of lease and have their signatures notarized. Previously, there was some ambiguity on this point, and you would sometimes see the memoranda of lease signed by only one party. But the General Assembly amended the law this year to require both signatures

You can also include any other rights or information in the memorandum of lease. Tenants often like to have their exclusive or prohibited uses in memoranda of lease to make other potential tenants of the property aware of them. It is often desirable to include a reference to any other restrictions on the landlord in the memorandum of lease as well, such as limitations on their ability to change the layout of a shopping center.

Where Do I Go From Here?

As you can see, a memorandum of lease can go a long way toward protecting your rights as a tenant. Unfortunately, not every tenant is allowed to record a memorandum of lease. Many leases state that no party, or sometimes only the landlord, may record a memorandum of lease. If you think you need a memorandum of lease, check your lease and see what it says. Once you’ve determined that you’re allowed to prepare and record a memorandum of lease, you’ll also need to decide what, if any, non-necessary information to include. It can be a complicated process, and competent legal advice can be key in protecting your rights.

At Venn Law Group, we have experienced commercial real estate attorneys who can help you negotiate your lease to protect your rights as tenant and help you prepare and record memoranda of lease. For more information, contact us here .

Edward B. Woodall is an attorney at Venn Law Group who works in corporate law and commercial real estate, including leasing, financing, taxation, business structures, and dispute resolution. He is passionate about helping business owners solve a variety of complex legal problems and has performed more than 100 hours of pro bono work. In addition to his law degree, he also has a background in history and Spanish.

Lease Assignment Agreement

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A lease assignment agreement is a legally binding contract outlining the terms and conditions of transferring a lease from one party to another in one place. This means the assignee becomes the new tenant and assumes all the rights, obligations, and liabilities under the original lease. Lease assignments are commonly used in real estate transactions when a tenant wants to transfer their lease to another party before the lease term expires. We will discuss the lease assignment agreements' purpose, key elements, and other relevant aspects.

Key Elements of a Lease Assignment Agreement

A lease assignment agreement includes several key elements outlining the terms and conditions of the lease transfer. These elements may vary depending on local laws and specific circumstances but generally include the following:

Parties: The lease assignment agreement should clearly identify the parties involved, including the original tenant (assignor), the new tenant (assignee), and the landlord.
Property: The agreement should specify the property subject to the lease assignment, including the address, unit number, and relevant details.
Terms: The agreement should state the lease assignment's effective date, the original lease's remaining term, and any renewal or termination provisions.
Rights and Obligations: The agreement should outline the rights and obligations of the assignor, assignee, and landlord, including rent payments, maintenance responsibilities, and any other lease terms that will carry over to the assignee.
Consent: In most cases, the lease assignment agreement requires the landlord's written consent. The agreement should specify the conditions and process for obtaining landlord consent.
Indemnification: The agreement may include provisions for indemnifying the landlord against any losses or damages resulting from the lease assignment.
Governing Law : The agreement should specify the governing law and jurisdiction applicable to any disputes or legal matters related to the lease assignment.

Legal Implications of Lease Assignment Agreements

Lease assignments have legal implications for all parties involved. It is important to understand the potential legal risks and obligations associated with lease assignments. For tenants, it may be necessary to review the original lease agreement and seek legal advice to ensure compliance with the terms and conditions of the lease assignment. Landlords should carefully review and approve lease assignments to protect their rights and interests. In some jurisdictions, landlords may have the right to reject a proposed lease assignment for valid reasons.

Practical Tips for Managing Lease Assignment Agreements

Lease assignments can be complex, and it is important for tenants and landlords to approach them with caution. Here are some tips for navigating lease assignments:

For Tenants

Review the Original Lease Agreement: Understand the terms and conditions of the original lease before entering into a lease assignment agreement.
Seek Legal Advice: Consider consulting with a real estate attorney to ensure compliance with local laws and protect your rights and interests.
Obtain Written Consent from the Landlord: Follow the process outlined in the lease assignment agreement to obtain written consent from the landlord before proceeding with the assignment.
Communicate with all Parties Involved: Keep open communication with the assignee, assignor, and landlord throughout the process to avoid misunderstandings or disputes.
Fulfill Obligations under the Original Lease: Even after the lease assignment, the assignor may still be responsible for fulfilling their obligations under the original lease until the effective date of the assignment.

For Landlords

Review the Lease Assignment Carefully: Carefully review the proposed lease assignment agreement, including the terms and conditions, rights and obligations of the assignor and assignee, and any indemnification provisions.
Require Written Consent: Insist on obtaining written consent from the assignor and assignee before allowing the lease assignment to proceed, as this protects your rights and interests as a landlord.
Verify Financials and Credentials of Assignee: Conduct thorough due diligence on the proposed assignee's financials and credentials to ensure they can fulfill the lease obligations.
Update Lease Documentation: Once the lease assignment is approved, update the lease documentation to reflect the new tenant (assignee) and provide copies to all parties involved.
Communicate with all Parties Involved: Maintain open communication with the assignor, assignee, and any property management or legal professionals involved in the lease assignment process to ensure a smooth transition.

Potential Risks and Considerations

There are potential risks and considerations that tenants and landlords should be aware of when it comes to lease assignments. These may include:

Non-Compliance with the Original Lease: If the assignee fails to comply with the terms and conditions of the original lease, the assignor may still be held liable for any breaches.
Landlord's Right to Reject: In some jurisdictions, landlords may have the right to reject a proposed lease assignment for valid reasons, such as the assignee's inability to meet financial obligations or lack of appropriate credentials.
Indemnification Provisions: The lease assignment agreement may include indemnification provisions that hold the assignor and assignee responsible for any losses or damages resulting from the lease assignment.
Legal Disputes: Disputes may arise during the lease assignment process, such as disagreements over the terms and conditions, consent requirements, or other related matters.
Local Laws and Regulations: Lease assignments are subject to local laws and regulations, which may vary by jurisdiction. It is important to ensure compliance with applicable laws and seek legal advice.

Key Terms for Legal Assignment Agreements

Consideration: Refers to the value or benefit each party receives in exchange for entering into the assignment agreement.
Assignment: The transfer of rights or obligations from one party (assignor) to another (assignee) as agreed upon in the assignment agreement.
Consent: The requirement for obtaining permission or agreement from relevant parties, such as the original contracting parties, for the assignment to occur.
Indemnity : The legal protection provided by the assignor to the assignee against any potential losses, liabilities, or claims arising from the assignment.
Governing Law: The jurisdiction or legal system that governs the interpretation, validity, and enforcement of the assignment agreement, which is typically specified in the agreement itself.

Final Thoughts on Legal Assignment Agreements

A lease assignment agreement is a legally binding contract allowing tenants to transfer their lease rights and responsibilities to another party. It is important for both tenants and landlords to carefully review and understand the terms and conditions of a lease assignment, seek legal advice if needed, and maintain open communication throughout the process. By following the appropriate steps and considering potential risks and considerations, lease assignments can be a useful tool for tenants and landlords to manage their lease agreements effectively.

However, you need the help of a professional lawyer to ensure you do not end up messing up a lease assignment agreement. So, ensure you approach an experienced attorney who is well-versed in the field.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

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July 25, 2023

Which real estate documents need notarization and who can notarize them.

Learn about essential real estate documents that require notarization. Read the blog to understand the key paperwork for a smooth real estate notary process.

Whether you're buying or selling property, entering into a lease agreement, or refinancing your mortgage, notarization is a crucial step that adds an extra layer of security to your transactions. It acts as a gatekeeper, verifying the identity of the parties involved, confirming their willingness to sign the document, and attesting to its authenticity. But a question that arises is who can notarize real estate documents?

In the following blog, we will discover the answer to this question and uncover the specific types of real estate documents that require notarization,. We will also discuss the potential consequences of failing to notarize important real estate documents.

Who Can Notarize Real Estate Documents?

A real estate notary serves as a trusted and impartial witness, authorized to authenticate and certify the signing of important legal documents in the real estate industry. By affixing their official seal and signature, a notary ensures that the document is legally binding and can be relied upon in future legal proceedings. Their presence and certification provide peace of mind, protecting the rights and interests of all parties involved.

What Real Estate Documents are Notarized at Closing?

real estate documents that need to notarized

Here is a list of documents that need to be notarized during house closing:

Purchase Agreements: A purchase agreement is a legally binding contract that outlines the terms and conditions of a real estate purchase and closing documents. Notarization of the real estate transaction paperwork adds credibility and confirms that the parties willingly entered into the agreement, reducing the risk of disputes.
Deeds & Titles: This is regarding notarizing deeds and titles as proof of transfer ownership rights of a property. By notarizing this and supporting documents, the notary verifies the identity of the parties involved and ensures the integrity of the transfer, protecting against fraudulent conveyances.
Mortgages & Refinancing Documents: Notarization of mortgage and refinancing documents provides an added layer of security for lenders and borrowers. It ensures that the parties involved fully understand the terms and implications of the loan, and it helps prevent fraudulent activity or misrepresentation.
Lease Agreements : Notarizing lease agreements help establish the authenticity of the document and confirms that the involved parties willingly entered into the lease terms. This helps protect both landlords and tenants by ensuring compliance and reducing the risk of misunderstandings.
Power of Attorney for Real Estate Transactions: A power of attorney allows someone to act on behalf of another person in financial, health and even real estate decisions. Notarization verifies the authenticity of the power of attorney document, safeguarding against potential abuse or unauthorized actions.
Liens & Releases : Notarizing liens and releases protect the rights of both the property owner and any parties with a financial interest in the property.
Real Estate Contracts & Disclosures : Notarizing real estate contracts and disclosures confirm that the parties involved have acknowledged and understood the terms and conditions outlined in the document. This helps prevent future disputes and provides a higher level of legal certainty.

A Real Estate Notary signing agent Helps You Navigate Real Estate Transaction Paperwork

As you can well imagine, the notarization of these real estate documents is crucial to protect the rights, interests, and investments of all parties involved (especially you!). From mortgage documents, real estate closing documents, loan documents and more, why not have a notary signing agent legitimize the biggest transaction of your lifetime?

Notary Service Made Simple

Common question: can a notary notarize real estate documents.

Absolutely!

Notary publics (like us at CH Notary ) are empowered with the authority to notarize a wide array of legal documents, including those pertaining to real estate transactions. Let's dive into the role and capabilities of a notary public when it comes to handling real estate documents, debunk any misconceptions, and shed light on the qualifications and process involved.

The Role of a Real Estate Notary: Stamping of Approval, Submitting Papers To The Appropriate land title office

A notary public is a specially commissioned officer authorized by the state to act as an impartial witness in the signing of important documents. They play a crucial role in verifying the identity of the parties involved, ensuring their willingness to sign, and confirming the authenticity of the documents. When it comes to real estate transactions, a notary's seal and signature add credibility and legal validity to the documents being notarized, and submitting paperwork to the appropriate land title office.

To become a real estate notary , individuals must meet specific legal requirements and qualifications set by their jurisdiction. In British Columbia, these requirements include being of legal age, having a clean criminal record, and completing a Bachelor's in a related field with a GPA of 3.0 or higher.

How Does Notarization Work?

The process of notarization involves several key steps to ensure its accuracy and effectiveness. When presented with a real estate document for notarization, the notary verifies the identity of the signatories by checking their identification documents. They then witness the signing of the document, ensuring that it is done voluntarily and without coercion. The notary then affixes their official seal and signature, indicating the completion of the notarization process.

It's important to note that notaries are not responsible for creating or drafting legal documents. Their role is primarily to verify the identity of the parties involved, witness the signing of the document, and provide an added layer of assurance regarding its authenticity. They are impartial and unbiased, serving as a trusted third party in the transaction.

Common Misconceptions About Notaries

Despite the vital role notaries play in real estate transactions, there are some misconceptions and doubts surrounding their capabilities.

Myth 1: Notaries Can Represent Me in Court

One common misconception is that a notary has the authority and ability to represent you in court. However a notary - unlike a real estate lawyer - should not be relied upon for legal trouble. It's advisable to consult a qualified real estate lawyer for any legal support in a courtroom.

A notarized document , however, can definitely help add credibility and integrity to a court case.

To Put it Simply: A notary acts proactively to negate future disputes as an unbiased third party, whereas a real estate lawyer represents an individual's (or group's) interests when legal disputes arise.

Myth 2: Notarization is "Just a Formality"

Some may question the significance of notarization, believing it to be a mere formality.

The fact is, notarization adds an unrivalled level of credibility and protection to real estate documents, travel consent letters, wills and more. It helps prevent fraud, ensures the document's authenticity, and allows for easier admissibility in court if disputes arise in the future.

What Happens if a Real Estate Document Isn't Notarized?

Failing to notarize a real estate document can have significant consequences that could jeopardize the validity and enforceability of the document. Let's delve into the potential ramifications of neglecting the notarization process and explore the legal implications that may arise.

1. An Unenforceable Document

Without proper notarization, a real estate document may be deemed invalid or unenforceable in a court of law. This means that parties may not have legal recourse if the terms of the document are breached or if disputes arise. Notarization serves as a seal of authenticity, providing an indisputable record of the document's signing and the parties intent.

2. Increased Risk of Fraud & Disputes

Real estate transactions involve substantial investments, and the absence of notarization leaves room for potential fraud and disputes. Notarization acts as a safeguard against fraudulent activities, as the notary verifies the identity of the signatories and ensures that they are acting of their own free will. It helps protect all parties involved from fraudulent conveyances, false representations, or unauthorized alterations.

3. Inadmissibility in Court

In legal proceedings related to real estate transactions, notarized documents carry significant weight and are generally more easily admissible - or acceptable - as evidence. Notarization provides an additional layer of credibility, making it more likely for a court to accept the document as valid and reliable. Without notarization, parties may face challenges in proving the authenticity and validity of the document in court.

Read Also: Reasons Why Hiring a Notary is Crucial for Legal Documentation

Let's Get Your Real Estate Documents Notarized!

Are you embarking on a real estate journey?

Don't let the importance of notarization be overlooked. Ensure the authenticity, credibility, and enforceability of your real estate documents by partnering with Brittany Ratzlaff at Clayton Hill Notary .

Don't let the potential pitfalls of an improperly notarized document derail your real estate dreams. We'll safeguard your transactions and make notarization a walk in the park: quick, easy, friendly and simple.

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Demystifying Assignment of Lease: Your Go-To Guide

LegalGPS : July 29, 2023 at 8:17 AM

When you’re talking about property leasing, it’s important to understand that there are a lot of terms and concepts that you may have never heard before. One of them is the assignment of lease, which refers to a situation where a tenant transfers their rights and responsibilities under the lease agreement to another party.

What is an Assignment of Lease, and why is it so crucial?

An Assignment of Lease is a term you may have heard thrown around, especially if you're involved in rental properties. It’s a pretty important document. But what exactly is it? Well, in simple terms, an Assignment of Lease is an agreement where the original tenant of a property transfers their leases and all of its rights and obligations to a new tenant. Now, you might be wondering, "When would this scenario ever occur?"

Let's imagine you're a tenant who signed a three-year lease for an office space. However, two years in, you need to relocate due to unprecedented growth of your business. Instead of breaking the lease, you might choose to assign your lease to another business looking for office space. This means that you, as the original tenant, no longer have any obligations under the lease. The new tenant is now responsible for paying rent and complying with all of the terms of the previously signed agreement.

Now that you understand, let's get into the step-to-step guide on how to create an Assignment of Lease!

Steps to Write an Assignment of Lease

Creating a thorough Assignment of Lease agreement doesn't need to be an overwhelming task. Simply follow these steps to ensure your agreement is both comprehensive and legally binding:

Step 1: Identify the Parties

The information of each party should be included. For the existing tenant (the assignor), make sure to include:

Full legal name or business name

Postal mailing address

Phone number and email address

Do the same for the new tenant (the assignee). Make sure all the information is up-to-date and accurate to avoid any unnecessary confusion or disputes. For example, if the assignor is a business, make sure they have updated their mailing address with the post office to reflect their new building location. If a party has multiple addresses, be sure to list them all.

Step 2: Specify the Lease

This section requires exact information from the original lease agreement, including:

Property address and description

Lease start and end date

A reference to the original lease agreement (for instance, a sentence like "the lease agreement dated...")

Remember to include a copy of the original lease as an attachment to ensure the assignee understands the terms they're adhering to. If not already included in the original lease agreement, be sure to add the following information: Description of rental property, Lease term (how long the lease is good for), Rent amount, and Security deposit amount.

Step 3: Detail the Assignment

State that the assignor is transferring all their interests and obligations in the lease to the assignee. Here, write something like:

"The Assignor hereby assigns, transfers, and conveys to the Assignee all of the Assignor's rights, title, and interest in and to the Lease, together with all the Assignor's obligations, liabilities, and duties under the Lease."

This means that the assignor is transferring all of their interests and obligations in the lease to the assignee. This includes any future rent payments, repairs and maintenance responsibilities, notices of default by either party, and so on.

Step 4: Landlord's Consent

Many leases require the landlord's consent to assign the lease. The assignor should request written consent from the landlord and include a clause like:

"The assignment of the lease is not valid unless and until the landlord provides written consent."

This is followed by a place for the landlord to affirm consent by signing or initialing. This is important because the landlord can elect to withhold consent and the assignment will not be valid. If this is the case, you may need to provide additional consideration for your landlord's assent (for example, an increase in rent).

Step 5: Assignee Acceptance

Include a statement in which the new tenant agrees to the assignment and the terms of the lease. It may look like:

"The Assignee hereby accepts this assignment, assumes all duties and responsibilities under the Lease, and agrees to perform all of the Assignor's obligations under the Lease."

You need to do this because the new tenant needs to have an affirmative acceptance of the assignment in order for it to be valid. This is typically done through a letter from the assignee stating that they agree to perform all of your obligations under the lease.

Step 6: Signature and Date

Every binding legal document needs a date and a signature. Make sure that there is a proper place for the assignor and the assignee to sign and print their names, with a line for the date.

By following these clear, actionable steps, you'll be able to construct an effective Assignment of Lease agreement. Remember, every situation is unique, so adjust the template as necessary, being sure to include all relevant details.

Clear so far? Great! Now, let's focus on the tips to draft a perfect Assignment of Lease.

Tips to Draft a Perfect Assignment of Lease

Accurate Dates: Be sure to include the date when this agreement will take effect. Precision avoids any confusion about durations, when the assignee takes over, or when the assignor's obligations end.

Clear Terms: This document should restate the terms of the original lease. The assignee needs a clear understanding of what they're stepping into. Bit ambiguous? Think of it like this: the assignee should be able to step into the assignor's shoes comfortably.

Specify Rent Terms: Stating the rent amount, due dates, and method of payment in the assignment helps create a record of the agreed-upon rent terms, ensuring no misunderstanding arises in the future.

Specify the Term: The assignment should state how long the new lease lasts. For example, if the original lease is for one year, then the assignee will assume only a one-year term.

Specify Other Conditions: If there are other conditions in place—such as tenant improvements or utility allowances—then specify these too.

An assignment of lease doesn't have to be a formidable task to overcome. With a cautious and considered approach, these documents can be a smooth and seamless part of managing a successful lease transition.

Our contract templates can offer you even more support, empowering you towards crafting an excellent and individualised Assignment of Lease ready for your task. So why not take your next step towards leasing success and check them out today? Click here to get started!

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Notarizing Leases in Washington: What Landlords Need to Know

Updated: Mar 19, 2023

As a landlord, it's important to know when to notarize leases. In Washington state, it's generally not required, but there are some exceptions to this rule. This blog post will provide you with all the information you need to know about notarizing leases in Washington, so you can make informed decisions when drafting rental contracts.

First and foremost, it's important to understand that having a written lease is highly recommended in Washington state. Although oral leases are valid, they can only be enforced as leases from month to month. Any lease for longer than month to month must be in writing. This is outlined in RCW § 59.04.010.

If you're considering a fixed-term lease, which is a rental agreement for a specific period of time, it's important to note that they must be in writing. This is true for any lease longer than one year, which must be acknowledged or notarized in order to be considered valid. This requirement is established under RCW 59.18.210.

It's important to understand that a notarized lease offers an additional layer of legal protection for both landlords and tenants. Notarization confirms that the parties involved in the lease agreement are who they claim to be and that they entered into the agreement willingly and knowingly. It can also help prevent disputes down the line by providing a clear and enforceable written agreement.

Leases for over two years may also need to be recorded in the office of the county recorder for the county where the property is located, as per Washington State Law under RCW 65.08.060. This helps ensure that the lease agreement is publicly recorded and legally binding.

It's worth noting that while notarization may not be required in many instances, it's always a good idea to consult with an attorney before drafting any rental agreements. An attorney can provide valuable advice and guidance to help ensure your lease agreement is legally sound and enforceable.

In summary, when it comes to notarizing leases in Washington state, it's important to understand the laws and regulations surrounding rental agreements. While notarization is not required in many instances, it can provide an additional layer of legal protection and help prevent disputes down the line. Always consult with an attorney before drafting any rental agreement to ensure that you're following all applicable laws and regulations.

Real Estate

Landlord Tenant Series Q&A: When Must a Lease Be Notarized in Washington State?

Landlord Tenant Series Q&A: When…

Updated October 24, 2019

If you’re a landlord, it’s important to know when you need to have your contracts notarized. Luckily, Washington state doesn’t require notarized documents for most rentals.

Does a rental agreement need to be notarized?

Not usually . Washington State Law recognizes both residential and non-residential leases that are under a year. This helps make year-long leases more accessible to renters and loosens restrictions on landlords who are open to shorter-term leases. This is covered in Washington State Law under RCW 59.18.210, RCW 59.18.010.

Does a rental agreement for a period of more than one year need to be notarized/When does a rental agreement need to be notarized?

Yes. To be valid for the entire period of the lease, if a lease is for a term of more than one year, it must be notarized. If the lease is over a year and not notarized, it will be legally recognized as month-to-month. This doesn’t make the lease void, it simply questions the validity of the lease term. This is covered in Washington State Law under RCW 59.18.210, RCW 59.18.010.

Does a rental agreement need to be recorded/When does a rental agreement need to be recorded?

No. Verbal agreements are only considered valid for month-to-month rentals . However, under Washington State law, any residential or commercial lease exceeding two years is considered a transfer of an interest in real property. To be valid, these leases exceeding two years must be recorded in the office of the county recorder for the county where the property is located. This is covered in Washington State Law under RCW 65.08.060.

Dimension Law Group has experienced attorneys that know the nuances of landlord/tenant and real estate law and are ready to help. If you are a landlord and you have further questions, please contact our office to schedule a phone consultation.

Disclaimer: Washington Landlord Tenant Laws have changed substantially over the last few years. This information may not be up to date. The information on this site is general information and not a substitute for legal advice. Please contact Dimension Law Group to schedule a consultation on the most up to date information.

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IT IS ALWAYS WISE (AND SOMETIMES REQUIRED) TO NOTARIZE COMERCIAL REAL ESTATE LEASES

1 comment :.

Pretty good post. I just stumbled upon your blog and wanted to say that I have really enjoyed reading your blog posts. Any way I'll be subscribing to your feed and I hope you post again soon.

Do All Lease Agreements Need to Notarized?

If you're renting for the first time, it's a good idea to make sure your lease agreement is above board and legal. That way, you're protected if something goes wrong. Notarizing a lease means taking it to an official, called a notary public, who verifies your identity, witnesses your signature and marks the lease with a seal. It proves that the landlord and the tenant are who they say they are and neither is being coerced into signing the lease. Whether you need to notarize a lease depends on how long it is — that's the number of months you're renting for, not the number of pages.

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Don't Notarize Short-term Leases

While each jurisdiction has its own rules, generally, you don't have to notarize a short-term lease. "Short-term" in this context usually means a lease of one year or less, including lease agreements with no fixed end date that run from month to month. These types of leases are just temporary contracts. Unless your state requires that all contracts are notarized, you don't have to do anything more than sign the agreement.

If It's Longer, Then Maybe

In Washington state, it's a legal requirement that you notarize leases with a term of more than one year. In Ohio, however, you notarize leases that are longer than three years. Other states have similar rules. The reason behind this requirement is that a longer-term lease is no longer simply a contract, but the transfer of an interest in land. The rules can get a bit hazy in some situations, and when figuring out the length of your lease, you'll need to look at the longest possible term. So, if it's a lease for two years with one-year optional extensions that could take the lease beyond three years, then that would have to be notarized in Ohio (and other places too). If in doubt, err on the side of caution and get the lease notarized. It only costs a few dollars and makes sure the lease agreement stands up in court.

Signatures Matter

Even if there's no notarizing requirement, your state might have specific rules for signing the lease. In Florida, for example, the landlord must sign in the presence of two witnesses when the lease is for longer than a year. There's no requirement for the tenant's signature to be witnessed because he's not the one who's transferring an interest in land. Where the agreement is not signed properly, the court could decide that it's a defective lease. Depending on the situation, the court might ignore the lease period and imply that you have a tenancy based on the payment schedule. So, if you pay rent monthly, you would have a month-to-month lease.

You Might Have to Record the Lease, Too

In some states, you might have to record the lease after it has been notarized. This generally applies to longer-term leases that are deemed to transfer an interest in land. In Washington state, for example, you have to record a lease agreement exceeding two years in the recorder's office for the county where the property is located. Call the county recorder's office and ask about the rules in your area.

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Does a Lease Need To Be Notarized? Find Out Now!

Signed, Sealed, and Notarized—Does a Lease Need To Be Notarized?

Does a lease need to be notarized ? If you’re ready to rent a place and sign a lease agreement, the last step would be notarizing it if it’s required. We’ll answer your question and help you out with notarizing any document the easy way— online .

Do I Have To Get a Lease Notarized?

Typically, there is no need to notarize a lease agreement as long as both parties—the landlord and the tenant—sign it.

Whether you need to notarize a lease depends on the lease period and the state you live in. In certain states, such as Ohio, lease agreements for periods longer than three years have to be notarized. In Washington State, notarization is required for four-year and longer leases.

If your agreement includes extensions, it can get confusing as to whether you have to notarize it or not. In this case, it’s best to consult a lawyer or notarize your lease to be on the safe side.

There are states where notarized leases are not required, but landlords have to sign the lease in the presence of two witnesses if it is longer than a year.

What Notary Can I Choose?

Regardless of whether you choose to or you’re required to notarize your lease agreement, you can decide among a few types of notaries:

How Much Do Notary Services Cost?

Notary costs vary considerably across the U.S. The fee can be calculated per document or per signature. The price can also depend on the notary service —you may need to pay additional fees if you choose a mobile notary.

Another factor that comes into play is the type of notarial act. Jurats and acknowledgments may be cheaper than notarized copies .

With everything taken into account, notarization can set you back between $5 and $25 on average.

Fast-Track Notarizing Your Lease With DoNotPay

Whether you want to notarize your lease agreement or another contract, we’ve got it covered! When you opt for DoNotPay, you’re choosing the fastest and smoothest route to a notarized document. Our app takes remote online notarization one step further in terms of its convenience. We will find a notary for you and set up your appointment—all in a few clicks.

Here’s how it works:

Create your DoNotPay account
Select the Notarize Any Document product
Upload your lease or whichever document you wish to notarize
Type in your email address
Click on the link we email you

After completing these easy-breezy steps, you’ll choose when to have your online notary appointment and show up virtually with your ID.

DoNotPay Can Draw Up a Lease Agreement Within Minutes

Sign up for DoNotPay to get access to all our products, not only notarizing documents. In case you haven’t written your lease agreement yet or you need a new one, our app can generate it for you! All you have to do is:

Type in Lease Agreement in the search bar
Answer a few of our chatbot’s questions to personalize it

With our help, your agreement will be ready for signing and notarizing in no time!

All Your Notary Questions Answered

If you have any more doubts or questions regarding notarization, we’re here to help. Our learning center is constantly growing. You can browse it and find the articles that will answer your query or assist you in understanding how something works.

Check the table below with some of the helpful articles at your disposal:

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Lease Amendments and Modifications Must Be Notarized if the Original Lease Required Notarization

Jun 18, 2014
Bill Humphries
Litigation , Real Estate Law
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Although leasing property is a conveyance of interests in real property, leasing also involves a contract. The landlord and tenant enter into an agreement or contract outlining the rights and obligations of the parties related to the real property interests being conveyed. Because leases are contracts, they must comply with the statute of frauds, and because leases are a conveyance of real property, they must comply with real property transfer requirements. Therefore, some leases must be in writing and some leases may even be required to be acknowledged (i.e., notarized).

According to RCW 59.04.010, leases for a fixed term of one year or less must be writing. Moreover, under RCW 64.04.020 and Washington case law, if a fixed lease term is for more than a year the lease must also be notarized. Stevenson v. Parker , 25 Wn. App. 639, 642, 608 P.2d 1263, 1265 (1980).

The question arises, however, whether an amendment to a lease must be notarized/acknowledged. Washington has adopted the rule that an amendment or modification of a lease must meet the same requirements as the lease that it amends or modifies. In other words, if the lease being amended or modified had to be notarized, then the amendment or modification must also be notarized. For those interested, the following are two Washington cases supporting this rule: Vance Lumber Co. v. Tall’s Travel Shops , 19 Wn.2d 414, 142 P.2d 904 (1943), and Hansen v. Central Inv. Co. , 10 Wn.2d 393, 394-95, 116 P.2d 839 (1941).

Please contact me or another MPBA attorney for your leasing questions and needs.

One Comment

I am renting a room in my apartment (which I, too, rent) for 6 months. We are drawing up an agreement that both of us will sign, since I will be traveling for much of the time that she will be in the apartment.

Do you suggest the agreement be notarized? And, if so, can you recommend a template notary letter/form?

Thank you for your comment, Arlene. An attorney will reach out to you shortly.

What Makes A Contract Legally Binding?

Last updated: 15 November 2016 17:52
Created: 15 November 2016 07:10
Hits: 56761

When you enter into an agreement, it means there is a meeting of minds which involves fulfilling the obligation to render service or give something. The law considers this agreement as a contract. However, there can be some confusions on the validity of a contract especially if it lacks notarization. Does this mean a contract becomes invalid if it was not notarized?

It is important to note that a contract can be considered legally binding if it has been made with the consent of contracting parties. The elements of consent, cause and subject must also be present and with that said, contracts can either be verbal or written.

Art. 1318. There is no contract unless the following requisites concur:

(1) Consent of the contracting parties;

(2) Object certain which is the subject matter of the contract;

(3) Cause of the obligation which is established.

Notarization converts the contract into a public document hence, the following should appear in a public document under Article 1358 of the Civil Code.

Art. 1358. The following must appear in a public document:

(1) Acts and contracts which have for their object the creation, transmission, modification or extinguishment of real rights over immovable property; sales of real property or of an interest therein a governed by Articles 1403, No. 2, and 1405;

(2) The cession, repudiation or renunciation of hereditary rights or of those of the conjugal partnership of gains;

(3) The power to administer property, or any other power which has for its object an act appearing or which should appear in a public document, or should prejudice a third person;

(4) The cession of actions or rights proceeding from an act appearing in a public document.

All other contracts where the amount involved exceeds five hundred pesos must appear in writing, even a private one. But sales of goods, chattels or things in action are governed by Articles, 1403, No. 2 and 1405.

Even if it is a private contract, the contracts where the amount involved is more than five hundred pesos must be written with the exception of chattels, sales of goods and other things in action as they are governed by Articles 1403, no. 2 and 1405. A contract need not be notarized if it only involves a movable property. This means that a contract is still enforceable and valid if it has been proven that the requirement is indispensable and absolute.

Written by : Pinoy Attorney

Do Lease Agreements Need to Be Notarized in Florida?

This question is about florida residential lease agreement.

No, lease agreements do not need to be notarized in Florida, regardless of the duration of the lease. Landlords and tenants can agree to get a lease notarized if they prefer but it is not required in order for the lease to be legally binding.

However, it is recommended that lease agreements that exceed one (1) year are signed by the landlord in the presence of two subscribing witnesses to ensure legal enforceability.

The information for this answer was found on our Florida Residential Lease Agreement answers.