Business · 5 min read
Should a Commercial Lease Be Notarized?
Notarization isn't required for a commercial lease to be enforceable — but it is required to record the lease, which provides public notice to third parties.
A commercial lease becomes binding on the parties as soon as it's signed. Notarization is not required for enforceability between landlord and tenant.
Notarization becomes important when the lease will be recorded with the county. Recording provides constructive notice to subsequent buyers and lenders that the property is subject to a lease. Most counties require an acknowledgment by both parties before they will accept a lease for recording.
Long-term leases (typically over 5–7 years), build-to-suit leases with construction obligations, and ground leases on commercial parcels are almost always recorded — and therefore almost always notarized.