How to Notarize a Lease Agreement

Does a Lease Agreement Need to Be Notarized?

The answer depends on where you are and how long the lease is.

For most short-term residential leases (month-to-month, 6-month, or 1-year agreements), notarization is generally not legally required in most U.S. states. A signed lease with the landlord and tenant's signatures is legally binding in most jurisdictions without notarization.

However, for longer-term leases — particularly commercial leases and residential leases of three years or more — many states require notarization and recording with the county for the lease to be fully enforceable against third parties (like future buyers of the property).

State-Specific Lease Notarization Requirements

New York: Leases for more than 3 years must be recorded with the county to be enforceable against subsequent buyers or lenders. Recording requires notarization.

California: No general notarization requirement for residential leases, but long-term leases being recorded with the county need to be notarized.

Florida: Leases for more than 1 year should be recorded and thus notarized.

Texas: Long-term leases (typically over 1 year) should be recorded; notarization is required for recording.

New Jersey: Long-term leases to be recorded must be notarized.

Maryland: Leases for more than 7 years require notarization and recording.

Even where not legally required, many landlords and property managers choose to notarize leases because it provides additional fraud protection and strengthens the agreement's enforceability.

When Landlords and Tenants Should Notarize a Lease

Definitely notarize when:

• The lease term exceeds 2 or 3 years (varies by state)
• The lease is for commercial property (business use)
• The landlord intends to record the lease with the county
• Either party wants maximum legal protection
• The tenant is a corporation or LLC (entities often have notarized signature requirements)
• The lease involves a significant financial commitment ($1 million+ commercial)

Notarization is optional but smart when:

• The lease has unusual or complex terms
• There's a history of disputes with this tenant or landlord
• Large security deposits or prepaid rent are involved
• The property is being refinanced and the lender wants to verify all encumbrances

Who Signs in a Lease Notarization?

For most residential leases:

• The landlord (or property manager with authority) signs and may be notarized
• The tenant(s) sign and may be notarized

For commercial leases:

• The authorized representative of the landlord entity (LLC manager, corporate officer) signs
• The authorized representative of the tenant entity signs
• Both signatures are typically notarized, with proof of authority (operating agreement, corporate resolution)

The Notarization Process for a Lease

1. Prepare the lease fully — all terms agreed, all blanks filled in, all addenda attached. Don't notarize an incomplete lease.

2. Identify a notary — use a mobile notary who can come to the property, or use remote online notarization if all parties can participate via video.

3. All parties (or their authorized signers) appear before the notary — either in person or via RON.

4. Present valid government-issued ID — driver's license, passport, or state ID.

5. Sign in the notary's presence — the notary watches the signing and completes the acknowledgment.

6. Record the lease (if required) — take the notarized original to the county recorder's office.

Can a Lease Be Notarized Remotely?

Yes — in RON-authorized states, a lease can be notarized entirely online. Both landlord and tenant can participate in the same video session, or in separate sessions with the same notary.

For multi-party leases with commercial tenants in multiple locations, RON is particularly valuable. Each authorized signer can participate from their own office without needing to gather in one place.

The Recording Requirement: Beyond Notarization

For long-term leases that need to be recorded:

Recording puts the world on constructive notice that the lease exists. This matters when:

• The property is sold — the new owner is bound by a recorded lease even if they didn't know about it personally
• The property is refinanced — lenders must be aware of long-term leases
• A court needs to determine priority of claims against the property

To record a lease:

• The notarized original (or certified copy in some jurisdictions) is submitted to the county recorder's office
• Recording fees apply (typically $15–$75 depending on the county and number of pages)
• The county stamps and returns the recorded original to you

Notarizing Lease Renewals and Amendments

A lease renewal or amendment should be notarized with the same formality as the original lease if:

• The original lease was notarized
• The renewal extends the term beyond the threshold requiring recording
• The amendment changes significant terms (rent, term, permitted uses)

Minor amendments (like adding a new parking spot) that don't affect the core terms may not require notarization even if the original lease was notarized — but check with an attorney.

Common Mistakes in Lease Notarization

Signing before the notary arrives. Both parties must sign either in front of the notary or must personally acknowledge their prior signature to the notary.

Missing corporate authority. If an LLC or corporation is a party, the notary needs to see evidence that the signer has authority to bind the entity (operating agreement, corporate resolution).

Failing to record a long-term lease. Getting the notarization done but not recording it leaves the lease vulnerable to subsequent claims.

Using a notary who is a party to the lease. If the notary is the landlord, tenant, or has a financial interest in the property, they cannot notarize the lease.

Get Your Lease Notarized Now

Looking Glass Runners connects landlords and tenants with licensed notaries who understand real estate documents. Whether you need a residential or commercial lease notarized, we're available 24/7.

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