Enforceable Notarial Deed: Speed and Security in Lease Agreements

What Is a Notarial Deed and Why It Matters

A notarial deed is a legal document drafted in its entirety by a notary in accordance with notarial law. The notary is responsible for its content, ensuring legality, clarity, and enforceability. Such deeds are commonly used when concluding legal transactions, including lease agreements- an area where their practical value becomes particularly evident.

In practice, parties increasingly opt for an enforceable notarial deed, which goes a step further. Unlike a standard notarial deed, it allows the creditor to enforce claims directly without first obtaining a court judgment.

“An enforceable notarial deed transforms a contract from a legal agreement into an immediately actionable instrument.”

Key Requirements for Enforceability

For a notarial deed to be directly enforceable, it must comply with strict requirements under enforcement law:

• Explicit consent to enforceability

The debtor must clearly and irrevocably agree that the deed is directly enforceable. This is included as a specific enforceability clause within the document.

• Defined and determinable claim

The debtor must consent to the claim itself, including its scope and the assets subject to enforcement. All obligations must be precisely defined (rent, default interest, or contractual costs) ensuring the claim is either fixed or clearly determinable.

• Clearly defined maturity

The deed must specify when the claim becomes due either through an exact date or a clearly defined mechanism (e.g. expiry of a deadline or termination of the agreement).

Special Clause in Lease Agreements: Vacating the Property

In lease agreements, an enforceable notarial deed may also include a vacating and handover clause. This obliges the tenant to vacate and return the property if the contract is terminated under agreed conditions.

For such enforcement to be valid, the property must be precisely identified. Legal practice requires a detailed description that allows clear identification in the land register, including:

• Type of property (e.g. apartment, commercial premises)
• Full address
• Parcel number and cadastral municipality
• Official property identification number
• Description of the specific unit (if applicable)

Additional details may be included to further ensure clarity and avoid disputes.

A Faster Path to Enforcement

If the deed is properly structured and the debtor fails to meet their obligations, the creditor can initiate enforcement proceedings directly, without lengthy court procedures.

The primary advantage is speed. Instead of waiting for a final court judgment, which typically serves as the enforcement title, the creditor can rely on the notarial deed itself. This significantly shortens the time required to recover claims or regain possession of the property.

An enforceable notarial deed is a powerful legal instrument that combines contractual certainty with procedural efficiency. In lease relationships, it provides landlords with a direct and effective mechanism for enforcement, reducing risk and avoiding prolonged litigation.

In practice, it represents a clear shift toward preventive legal structuring, where disputes are addressed before they arise rather than after.

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