Rent
Legal
Is Notary Required for Rent Agreement
By
 
Devashrita Gujral
Posted on September 21, 2023. 10 mins

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Introduction

As important legal papers that shape the landlord-tenant relationship, rent agreements must be legitimate and real. Whether a rent agreement needs to be notarized is one frequent query that comes up. The definition of "notary" in the context of rent agreements, whether a notary is necessary, the benefits of having a notarized agreement, crucial details to include in a rental agreement, the option of creating a notary rent agreement online, and the primary distinctions between notarized and registered agreements are all covered in this article. You can prepare or enter a rent agreement with more confidence if you are aware of these components.

Is Notary Required for a Rent Agreement?

In many areas, a notary is not normally required by law for rental agreements. The rental agreement need not be notarized, but doing so is a safer course of action. The laws and rules in your area governing lease agreements will determine if a notary is necessary. Some documents' legitimacy may be called into doubt if you don't have them notarized, which could lead to the court rejecting them. It is undeniable that any legal document having a notary's seal attests to the reliability and authenticity of the signatures thereon. To ascertain the particular requirements for your region, it is imperative to consult with local authorities or obtain legal counsel.

What is Notary in a Rent Agreement?

A rent agreement that has been notarized simply implies that it has been signed and witnessed by a notary public. The term "notary" describes the procedure of having a notary public, a person who has been given legal authority, check and validate the signatures of the parties to a document. Notarization in the context of rent agreements refers to having a notary public vouch for the parties' identities and witness their signatures. Both the owner and the tenant must attend in person before the notary during this process.

What are the Advantages of a Notarized Agreement?

There are a number of benefits to having a rent agreement notarized, even though it may not be required:

Enhanced Legitimacy

Notarization gives the agreement an added layer of legitimacy, making it more difficult for any party to question its veracity.

Evidence in Court

If a dispute between the landlord and tenant arises, a notarized agreement can be used as compelling evidence in court.

Fraud prevention

Notary publics are taught to spot possible fraud or coercion, lessening the possibility that parties will sign under pressure.

Things to Include in a Rental Agreement

The following information should be included in a perfect rental agreement:

  • Name, address, and phone numbers for both the landlord and the tenant
  • Property details, including its location and condition.
  • Value of the security deposit, the monthly rent, and any maintenance fees
  • Yearly increase in the aforementioned values, if the parties decide to extend the agreement.
  • Fines for late payments, missed rent payments, or disruptive or unlawful behavior
  • Contract's duration
  • Lock-in duration, if any
  • Pets allowed in the home or specific dietary requirements of the tenant
  • A contract's termination reasons
  • Rights and responsibilities of both the landlord and tenant.
  • Terms and conditions regarding maintenance, repairs, and property access.

These are merely the fundamental components of a rental agreement. In contrast, if the parties have additional terms, they are allowed to add them as long as both parties agree to it.

Can We Make a Notary Rent Agreement Online?

In some areas, you can make a notarized lease agreement online. Remote document notarization is made easy with the help of online notarial services. The accessibility of online notary services, however, varies by place and is governed by regional laws.

Step by Step process of registering a rent agreement:

Step 1: Open edrafter and select "Rent Agreement" from the homepage's list of options. Step 2: Choose whether you want a "Draft of Rental Agreement" or a "Complete Rental Agreement," depending on the sort of rental agreement you need. Step 3: Complete the form by entering all pertinent information, including the names of the landlord and tenant, the address of the property, and the terms of the lease. Step 5: Check the contract to ensure that the conditions of the rental agreement are appropriately reflected. Step 6: To pay for the service after reviewing the contract and being pleased with it, click the "Proceed to Payment" option. Step 7: Following the completion of the payment, you will receive a draft of your agreement in the mail for your review. Once you give your approval, the agreement will be processed.

Key Differences between Notarized and Registered Agreements

It's important to note that notarization and registration are distinct processes.

Basis of DistinctionNotarized Rent AgreementRegistered Rent Agreement
ValidityIf your rent agreement is for 11 months then a notarized agreement will be valid.The registered rent agreement is mandatory if it is more than 11 months according to the Rental Act.
Presence of the partiesDuring the notarial process, both parties must be present.When registering their rent agreement, both parties and two witnesses must be present.
Time DurationIt doesn't take long.The process takes time because there are several processes that must be finished before the agreement can be registered.
CompulsionThe notarization of your rental agreement is not required.It is required that you obtain a rent registration if above 11 months.
Costless expensive than a registered agreementMore given that registration fees and stamp duty are included.
Legal StatusIf the lease is for an 11-month period, it is acceptable in court.The legal validity of a registered agreement is therefore greater than that of a notarized agreement.

Conclusion

Depending on local regulations and preferences, a rent agreement may or may not be notarized. Although notarization is not always required, it may provide the agreement an additional layer of validity and protection. Finally, by defining specific terms and expectations for the lease, a well-written and legally sound rental agreement benefits both landlords and tenants.