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 lessee’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.