The notarial deed as enforceable order for vacating the leased property


The theory is simple. After the lease has ended, the lessee will be obliged to make the leased property available to the lessor again. In other words: the lessee must vacate the leased property at the end of the lease. However, lessees regularly fail to fulfil their obligation to vacate. As a result, the lessor will need to take measures to force the lessee to vacate as yet.

This article focuses on the question as to whether it is possible – and useful – to record the lesseeā€™s obligation to vacate (in advance) in a notarial deed, and whether the lessor can subsequently use the first enforceable authenticated copy of that deed for the enforcement of an executory title of the vacation obligation.

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