The tenant has what is known as 'possession protection', so he or she can only be evicted by terminating the tenancy. If the tenant does not want to move out, it is usually only possible to get him to leave your property without a notarial deed, which usually involves a long legal battle. A notice to vacate is a unilateral declaration or undertaking by the tenant to move out of the property on termination of the tenancy for whatever reason. With the declaration in hand, the landlord can seek direct enforcement on termination of the tenancy if the tenant does not leave the property voluntarily, i.e., on the basis of the declaration, the unauthorised occupier can be evicted directly, even with police assistance, without lengthy court proceedings.
The declaration can be drawn up by the tenant at any notary, even the one nearest to him.
In addition to the declaration to move out, it is also possible to ask the landlord to ask the tenant to sign a unilateral undertaking to pay the rent, rent and service charges arising from the tenancy. This declaration also allows the landlord to avoid litigation and to go directly to an enforcement officer.
The existence of a notarial deed protects not only the landlord but also the tenant, since, for example, he cannot be charged a higher rent than the contractually agreed one. At RealHelp, for all rental transactions, we encourage the signing of a declaration of occupancy for the above reasons, in the interest of our rental clients.
Barbara Markovics
ügyvéd, közgazdász, ingatlanközvetítő
Have a question? Click and contact us, we will be happy to help!
English 
Hungarian