Eviction Undertaking Recordkeeping Guide
Why keep a dedicated undertaking file?
An eviction undertaking may become important months or years after signature, when oral memory is unreliable. A proper record preserves how the tenancy began, when possession was delivered, when the undertaking appeared, which version is original and what happened afterwards. The purpose is not document accumulation; it is an evidentiary trail that a person who was not present can reconstruct.
1. Original custody and chain of possession
Store the original in a defined, access-controlled location and create a clear digital copy of every page. Record when the original was received, who delivered it, who is responsible for custody and every later transfer. Avoid physical alterations that can generate authenticity questions. If the original leaves for counsel or a proceeding, log departure and return.
2. Build a chronology table
Record events rather than conclusions: lease execution, key handover, start of occupation, first payment, evidenced undertaking signature date, promised vacate date, notices, material correspondence and proceedings. Link each line to a source document. This matters because Article 352 concerns an undertaking given after delivery and a specified vacate date.
3. Version control
There may be a phone image, PDF, translation, certified copy or copy filed in proceedings. Do not call all of them simply “the undertaking.” Give each version a date, source and identifier and designate the controlling original. Log differences in date, handwriting, pages or annotations. A translation is supporting material and does not silently replace the signed original.
4. Correspondence and acknowledgement log
Keep communications that bear on delivery, request for signature, confirmation of date, intention to leave, return of keys, objection or denial. Export messages in a way that preserves sender and time and, where possible, context rather than isolated screenshots. Do not rewrite messages into summaries that are later mistaken for originals.
5. Deadline and procedure calendar
Create alerts well before the promised date and record counsel’s review of the next step. If the tenant does not leave, record the date any enforcement or suit begins and its file number, because Article 352 refers to a one-month period from the promised date. A commercial team’s calendar is a reminder system, not a substitute for lawyer deadline computation.
6. Dispute subfile
If denial, mediation, enforcement or litigation arises, create a separate section containing file number, authority, parties, relief sought, service documents, dates, decisions and a periodic legal-status note. Avoid labels such as “guaranteed” or “finished” without supporting evidence. Store and share judicial material only as legally appropriate.
7. Ownership-transfer handover
When the property is sold, use a signed inventory to transfer the lease, undertaking original or its custody status, chronology, payment/deposit record, notices, material correspondence and dispute files to the buyer or counsel. State what remains with the seller and why. A title transfer that leaves the evidence behind creates avoidable risk.
8. Privacy and retention
The file contains personal, financial and potentially judicial data. Limit access, secure digital copies and avoid unnecessary redistribution. Do not collect irrelevant personal material simply because it is available. At the end of the tenancy or dispute, follow an appropriate legal and professional retention policy rather than random deletion.
Event-driven review
Review the file on lease renewal, ownership change, approach of the promised vacate date, emergence of a dispute or change of legal representative. Confirm that digital records open, the original is where the register says it is and a responsible person owns the calendar. Record quality is measured by whether an independent reviewer can reconstruct the facts, not by file count.