Does a rent contract need to prepared by an attorney or notarized for it to be a legal document?

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Does a rent contract need to prepared by an attorney or notarized for it to be a legal document?

Asked on April 3, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Rental contracts are agreements between and landlord and a tenant... they do need to be in writing, but there is no legal requirement that they be notarized or prepared by an attorney in order to be a legal document.  As long as they meet the basic requirements of a contract-- essentially "something for something," they will be a binding legal contract.  Tenants do have certain rights in the state of Texas, and a landlord cannot make a tenant waive those rights. Texas recognizes oral contracts as well, but oral contracts are strongly discouraged because they are more difficult to enforce. 


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