How to Notarize Documents for Real Estate Leases

alissacpthenotary
6 days ago
2 min read

Real estate leases are legally binding agreements that define the terms between landlords and tenants. Whether you’re renting residential or commercial property, notarizing lease documents helps ensure authenticity, legality, and mutual protection. For notaries, these documents require special care to confirm identities, prevent fraud, and ensure the transaction is completed correctly.

1. Why Notarizing a Lease Is Important

While not every lease requires notarization, many property owners and management companies prefer it. A notarized lease provides:

Proof of authenticity – Confirms the landlord and tenant are who they claim to be.
Protection from fraud – Prevents forged signatures or unauthorized changes.
Legal enforceability – A notarized lease carries greater credibility in court or disputes.
Public record eligibility – Some states require notarization for recording leases longer than one year.

In short, notarization strengthens the agreement and gives both parties confidence that the lease terms are valid and binding.

2. Common Lease Documents That May Require Notarization

Residential or commercial lease agreements (especially long-term leases).
Addendums or amendments to an existing lease.
Guarantor or co-signer agreements.
Option-to-purchase clauses.
Termination or release agreements.

3. The Notary’s Role in Real Estate Leases

The notary’s primary responsibility is to verify the signer’s identity and witness the signing process. This includes:

Confirming identity: Each signer (landlord, tenant, or agent) must present valid, government-issued ID.
Ensuring willingness and awareness: The signer must understand and agree to the document’s contents.
Completing the certificate: Most lease notarizations use an acknowledgment, verifying that the signature was made voluntarily.
Applying the notary seal: This official mark validates the notarization and protects against forgery.

If a lease is being signed by a property manager or corporate officer, the notary should confirm that the individual has legal authority to sign on behalf of the company or property owner.

4. Step-by-Step Process for Notarizing a Lease

Step 1: Review the Document

Ensure the lease is complete and has no blank spaces. A notary may not proceed with incomplete documents.

Step 2: Verify Identity

Check the ID of each signer and record the details in your notary journal.

Step 3: Confirm Willingness and Understanding

Make sure each party is signing freely and understands the agreement’s purpose and implications.

Step 4: Complete the Notarial Certificate

Fill in the venue (state and county), date, and names of the signers. Then sign, stamp, and record the notarization in your journal.

Step 5: Provide Copies

Encourage all parties to keep a notarized copy of the lease for their records.

5. Best Practices for Notaries Handling Leases

Check state laws: Some states require leases longer than 12 months to be notarized before being recorded.
Avoid giving legal advice: If the signer asks about lease terms, politely explain that the notary cannot interpret or advise.
Be mobile-ready: Real estate transactions often involve multiple signers—offer mobile or after-hours services when possible.
Keep records: Always record the type of lease and signer information in your journal for future reference.

Final Thoughts

Notarizing real estate leases provides legal protection, prevents fraud, and ensures all parties are properly identified. Whether for residential or commercial properties, a notarized lease creates a clear, enforceable record that both landlords and tenants can rely on. For notaries, handling these documents with care helps maintain professionalism and reinforces trust in the property transaction process.