Monthly Archives: March 2009

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Does a Lease Need to be Notarized?

Generally, no. But, both residential and non-residential leases must be notarized and contain a legal description if the term exceeds a year.[1] In general an unacknowledged lease for a term exceeding one year is effective only as an oral lease and results in a tenancy from month to month.[2] Courts may under the doctrine of part performance enforce a lease that does not satisfy the statute of frauds if equity and justice so require.[3] It should be noted that the statute of frauds (a legal rule requiring certain contract to be written) affects only the validity of the lease term. […]