Lease Recording - Lease Recording

A notice of lease recording is a document used to record a lease in the official records in order to provide notice to third parties that a lease exists on a certain parcel of real estate. It is used in lieu of recording the entire lease agreement.

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Notice of Lease Recording FAQ

Just a short version of the lease agreement? The notice of lease for recording appears to be a short version of the lease itself. The reason for this format is that some detailed leases may be many pages in length, and filing space is a consideration at the courthouse property records department. Another reason is that often some provisions of the lease are confidential, so in order to avoid their display in the public records, a shortened version is used.

Why is recording the notice of lease necessary? The purpose of filing the notice is to secure legal claim to the land exclusive of any other potential claim. When the lease has been recorded, any other lease or sale of the land that does not take into account the existing lease will likely be void. Failure to record the lease may result in legal problems if someone else attempts to purchase the land unbeknownst to the lessee.

What is the proper format for a notice of lease recording? USLF's lease recording forms are researched on a state-by-state basis, and tailored to reflect the statutory requirements of each state. Proper court names and filing terminology are included for each state. A "preview" is available for these forms in order to allow you to view it before deciding whether or not to purchase the form.

Are witness and acknowledgment requirements addressed? If a state's statutes require a witness or witnesses to the exectution (signing) of the lease recording document, witness blanks are provided on the form.  If the lease recording form must be signed in the presence of a Notary Public (a requirement in many states) the proper statutory acknowledgment form and/or appropriate blanks for the Notary's signature and stamp are provided.

Tips for Preparing Lease Recording

  1. Pay on time. Don't be late on rent payments and maintain your credit score and history transparent and reliable. If you’ve run into financial hardship in the past, tell your property owner beforehand.
  2. Stick to the Lease Recording conditions. The rental contract protects equally you and the owner. Therefore, the parties should adhere to the terms and conditions that they agree to. In case you are struggling to meet a lease agreement requirement, talk about it with the homeowner instead of trying to cover it.
  3. Try to look for some common ground together with your property owner. There’s no reason to be close friends, but you should talk from time to time, so it's better to do so in a friendly way.
  4. Update your Lease Recording. A lot of renters believe it is a homeowner's duty to keep in mind to renew the lease purchase arrangement. While it seems sensible, it is recommended to talk to your property owner and decide about renewal in advance. Otherwise, you risk to become left homeless.
  5. Consider having a guarantor. If you don't have a lease background, the landlord can ask you for a guarantor. You can pick your parents and employer, or university. No one will disturb your guarantor as long as you communicate with your agent and match the terms of the arrangement.