Notarization of rental contracts: when it is mandatory

One of the most common questions that both landlords and tenants encounter is whether a rental contract needs to be notarized. The short answer: no, in most cases notarization is not mandatory. However, there are specific situations when a notary is absolutely required, and knowing them saves you unnecessary time and expense.

Let's look at when notarization is required, how much it costs, and what your legal options are when signing a rental contract.

When a notary is not required

According to Albanian legislation, a rental contract is a private agreement between two parties and does not require notarial form to be valid. This applies to the majority of rental situations:

• Leases with a duration of up to 10 years
• Contracts for homes, apartments, offices or commercial spaces
• Agreements between individuals (natural or legal persons) without special conditions

In these cases, a simple contract signed by both parties is fully legally valid. You can find your tenant through listings and sign the contract without going through a notary.

When notarization is mandatory

There are two main situations when a rental contract must be notarized:

• Contracts with a term exceeding 10 years: If the lease duration exceeds this period, notarization becomes mandatory according to the Civil Code. This is rare for residential rentals but happens more often with long-term commercial leases.
• Lease of real estate for mortgage registration: If you want the contract to be registered at the Real Estate Registration Office (to protect your rights against third parties), then it must be notarized.

In all other cases, notarization remains optional and depends on the parties' desire for additional legal security.

How much does notarization cost

The costs for notarizing a rental contract vary depending on the contract value and the fees applied by notary offices. Example: for a rental contract with a low annual value, the fee may be in the tens of euros, while for contracts with higher values, the cost increases proportionally.

Usually, these fees are paid by the party requesting notarization, but parties can agree otherwise. It's important to inquire in advance at notary offices for the exact fee.

Alternative: simple written contract

For most rental agreements, a simple written contract meets all legal requirements. This should include:

• Complete details of the landlord and tenant
• Exact address of the property
• Rental amount and payment terms
• Contract duration
• Deposit terms and parties' responsibilities
• Signatures of both parties

Such a contract is valid and enforceable in court in case of dispute. If you are a landlord and want to advertise your property, Zgjedhja Ime offers 100% free listing with 0% commission for you.

Notarization as a voluntary choice

Even when not mandatory, some parties choose to notarize the contract for:

• Additional legal security: The notary verifies the parties' identity and contract content, making it harder to contest.
• Increased credibility: Especially in commercial agreements or with long duration.
• Registration at ZRPP: If you want to protect the contract even against potential buyers of the property.

But for standard residential rentals, this expense is often unnecessary.

Conclusions

Notarization of a rental contract is mandatory only for contracts exceeding 10 years or when you want mortgage registration. In all other cases, a simple written contract, signed by both parties, is fully valid.

If you are looking for a rental home, explore digital platforms that simplify the process. And if you are a landlord, remember you can list without any commission — you pay 0% always. Tenants pay only once: 50% of the first month's rent when they move in, with no hidden fees or subscriptions.