Do I need a notary for a lease agreement?
Short answer
No, it is not mandatory: a lease can be signed as a private contract. But certifying the signatures before a notary proves who signed and on what date, and avoids disputes if you later need to claim payment or the return of the property.
What certifying the signatures adds
- It proves that the people who signed are who they say they are.
- It gives the contract a legally certain date (fecha cierta) against third parties.
- It makes it easier to bring a claim if you have to go to court for non-payment or to recover the property.
What the contract should include
- The full details of the parties and of the guarantor.
- The term, the rent, how it is adjusted and how it is paid.
- The security deposit and when it is returned.
- Who pays the utilities, the building fees (expensas) and the repairs.
- An inventory and the condition of the property.
When handing over the keys
A notarial record of the property's condition (acta de constatación), at the start and at the end of the lease, avoids the most common dispute: who is responsible for the damage.
This answer is general information about Paraguayan law and is not a substitute for advice on your specific case.
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Related service: Contracts and vehicles