Posted by John Merchant on February 26, 2007 at 15:53:55:
Was it a real lease and notarized as long term leases are required to be, to be legally binding?
If so, your recording same in deed records would be a big cloud on the title and a big incentive to him to buy your rights from you in order to get rid of you.
For information of all, any RE deed or conveyance or a lease of 12 M or longer is one of those documents that needs to be notary acknowledged in order to comply with the state’s SOF (stat of frauds) and be legally binding…without the NP’s signature it’s normally nothing more than a tenancy M to M and takes no more than 30 days to terminate for whatever cause the LL might have.
That doc, being correctly done, signed and notarized, is then recordable in deed records and from tenant’s viewpoint, should be.
From LL’s perspective, if I’m preparing for myself, or advising the LL, I normally DON’T have it notarized as I don’t want it recorded.