What forms can a notarial deed take in a tenancy?

A notarial deed is not merely a sensible precaution: it is the mark of a deliberate, professional approach to letting. If you want certainty, do not skip this step — protect your property and your legal position with the most effective instrument available. It also works as a filter for tenants, since someone unwilling to sign before a notary often does not take their legal obligations seriously either. A notarised agreement therefore has a deterrent effect of its own. But what forms does it come in, and when should each be used?

1. The full tenancy agreement in a notarial deed

This is the strongest legal form: the notary records the entire tenancy agreement as a public deed.

Advantages:
• It carries full evidential force.
• If the tenant fails to pay or refuses to move out, it is immediately enforceable — no court proceedings are needed.

Drawback:
• It carries higher notarial costs, especially for long tenancies or high rents.

2. A unilateral vacating declaration before a notary

In a separate declaration the tenant undertakes to leave the property voluntarily at the end of the agreement.

Advantages:
• The landlord can apply for enforcement without litigation if the tenant does not move out.
• It is simpler and cheaper than putting the whole agreement into a deed.

This is the ideal solution if the agreement has already been drawn up as a private document but you want security around the tenant moving out.

3. A unilateral acknowledgement of a payment obligation

The tenant acknowledges owing rent, a deposit or another payment obligation, and this is recorded before a notary.

Advantages:
• If payment is late the landlord can apply for enforcement immediately — there is no lawsuit.
• Particularly advisable for large sums or where the tenant has already proved difficult.

Important to know:
• A notarial deed is only enforceable if it states precisely the amount of the obligation, its deadline and the signatory’s unambiguous undertaking.
• The notarial procedure requires attendance in person — it cannot be completed online.

⋮

In summary:
If you want to let your property safely, a notarial deed is not a luxury but fast and effective legal protection. It is irreplaceable when something goes wrong — when the tenant stops paying, for instance, or refuses to move out.