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Purchasing / Selling / The advantages of notarized lease agreements


Where the drafting and signing of contractual agreements are concerned, French law is distinctive in that there are two forms of contract: the private deed, an agreement written and signed directly by and between private individuals, and the authentic deed, drafted and executed by a publicly appointed officer, in most cases a notary public. The term “notarized deed” is used in this latter case.


When a contract is drafted by a notary public, this confers upon it all the force of a ruling handed down by a law. This means that where a contract (a lease agreement, for example) lays down an obligation to pay a given sum (rent, for example), the notary public gives the person to whom that sum is payable (the owner/landlord, in our example), a legally binding copy of the agreement, which will enable the landlord to legally enforce the tenant’s obligation as if it had been ordered by a court of law. This is particularly useful during the signing of the lease, as it serves the interests of both landlord and tenant, guaranteeing the security of both. All lease agreements should be embodied in a notarized deed.

Where there is an authentic deed, the tenant runs no risk of signing a lease that does not contain all the protections available to him or her by law. Furthermore, every type of lease agreement is governed today by a large number of mandatory legislative and regulatory provisions. Certain breaches are punishable under criminal law and landlords are prosecuted with increasing frequency. In some cases, such proceedings are justified on public health grounds. Things can go wrong if the landlord overlooks an essential obligation. When signing a lease – whether for a dwelling or for commercial, agricultural, and professional premises, whether the term is long or short, whether the rent is high or low – you should always consider signing an authentic deed. As a consequence, be sure to consult your notary public before entering this legal and fiscal minefield.
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