Legal Question in Real Estate Law in Tennessee
My wife and I signed a two year lease agreement for a house in Tennessee. Due to a job transition, we are now relocating to Florida half way through the lease term. The lease agreement was not notarized. We did sign the "scanned" document and initial each page but it wasn't notarized. We gave the landlord's property management company one month notice and have offered to assist in re-renting the property. But my question is whether the lease agreement is legal since it wasn't notarized? Are we still responsible to pay for the remaining months of rent?
1 Answer from Attorneys
There is no requirement that a lease be witnessed by a notary. A notary is simply an individual that has been appointed by the state to act as a public witness. The validity of the document is not dependent on a notary having witnessed the signing and is enforceable between the parties.
As to the responsibility for the remaining rent, the short answer is yes. The landlord is required to use their best efforts to re-rent the property on your behalf however.
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