In the midst of a divorce or child custody case, almost every legal document is placed under the microscope. One commonly used legal document that can be specifically scrutinized is a rental agreement. Specifically, the question of whether the rental agreement was notarized. In fact, it is very important that all legal documents, including rental agreements, be signed and executed correctly. When this does not happen, many legal disputes can arise in the years to follow.
In the majority of divorce and custody cases, a spouse or parent will have exclusive possession of the marital home or shared apartment. However, the party moving out of the home will want to have some form of reassurance that they will not be held financially liable for rent or mortgage payments after they move out. This is where a rental agreement comes into play. If a couple is living with each other, but is legally separated and intends on getting a divorce, they will enter into an exclusive rental agreement where one spouse (or both) will sign a legal document stating that, the moment they move out, they will not be liable for the home. If a spouse or parent does not sign a rental agreement prior to moving out of the home, they may be liable for all future billings. Not having a rental agreement is a major red flag to the court in divorce and custody cases. It shows that one spouse may be out to get the other and will use any means necessary to make them responsible. In fact, it’s one of the first questions the court will ask when reviewing rental agreements that were not notarized.
Outside of the immediate need for reassurance that they will not be held responsible for rent or mortgage payments, there is another reason to have rental agreements notarized. If the document is not notarized, the tenant or occupant may be responsible for paying rent or mortgage payments. Courts will typically hold tenants who do not have notarized agreements responsible for payment. That being said, if a rental agreement is notarized and the occupant or tenant refuses or is unable to pay rent on the property, they may be held in contempt of court.
A common misconception amongst tenants and occupants is that while notarized rental agreements are binding, they are not legally enforceable. To the contrary, all legal documents are subject to misinterpretation. That being said, as long as the rental agreement is notarized, it will be considered legally binding in a court of law.
While rents and bills may vary from state to state and province to province, rental agreements do not. In fact, in many states, rental agreements require a judge to approve the request. That being said, there are strict procedures that must be followed when notarizing a lease. For example, an individual must go before a notary and formally sign their rental agreement. That notary then places a seal on the document and will keep a copy of the agreement on file for their records. In some states, this costs approximately $25 per lease, while other state may charge upwards of $200 per lease. So the total cost of notarizing 10 leases could run anywhere from $250 to $2,000.
In today’s society, we often take great lengths to ensure that our loved ones are taken care of and that their needs are handled during the unfortunate circumstances of a divorce or separation. While most individuals entering into a rental agreement are concerned with having the proper protection, they are unaware of the fact that notarization can be an invaluable legal tool. While notarization is important, it can be remarkably simple. Notaries simply need to remain an impartial third party when notarizing a legal document. In fact, notaries cannot notarize their own documents or documents for their close family and friends. During the notarization process, an impartial third party will watch as the signer completes the document. Once notarized, the document becomes legally binding.
In the event that a rental agreement was not notarized, it is typically in the best interest of the parties involved to move forward with notarization. Not only will the court enforce notarized documents, but the process is relatively easy to complete. As was previously mentioned, an impartial third party must request that the tenant or occupant sign the rental agreement in front of them. Once notarized, the notarized rental agreement can never be contested in a court of law. In fact, it is recommended that individuals-whether they’re landlords, tenants or occupants-seek the assistance of an attorney when documenting their rental agreements. In the event that a legal dispute arises, tenants or occupants may want to seek the assistance of a lawyer to ensure that their rental agreement is legally binding.
