Survey: Most Hungarians are unaware of the legal process for evicting tenants

A majority of Hungarians are unfamiliar with the legal procedures for removing tenants who refuse to leave a rental property after their lease expires, according to a representative survey by the Hungarian National Chamber of Civil Law Notaries.

The findings come as Hungary’s rental market enters one of its busiest periods of the year. Every summer, following the announcement of university admission results, thousands of students begin searching for accommodation in university cities across the country.

The survey found that 76% of respondents correctly knew that a residential lease agreement is only legally valid if it is made in writing. Both landlords and tenants identified a clear, detailed written contract as the most important safeguard in a rental arrangement, ranking it above security deposits, property ownership documents, employer certificates, or long-term rental commitments.

Most respondents also understood that, in general, additional occupants may only move into a rented property with the landlord’s written consent. They were also aware that a security deposit must be returned at the end of the tenancy unless the landlord has legitimate claims, such as unpaid rent, utility bills, or compensation for damages.

However, the survey revealed significant misunderstandings about what happens when a tenant refuses to vacate the property after the lease ends. Only 38% of respondents knew that, without a notarized enforcement document, the landlord must initiate court proceedings to obtain an eviction order and cannot legally remove the tenant on their own.

Many respondents incorrectly believed they could simply change the locks or ask the police to remove the tenant. In reality, police cannot carry out an eviction without a final court decision or the enforcement of a notarized deed, and their involvement is generally limited to assisting a court-appointed enforcement officer.

MOKK emphasized that while it is possible to prepare a lease agreement without legal assistance, landlords and tenants are better protected if they seek the help of a notary or lawyer. Standard contract templates downloaded from the internet often fail to provide adequate legal protection when disputes arise.

The chamber recommends that lease agreements clearly specify payment deadlines, payment methods, rent and utility obligations, pet policies, the conditions for returning the security deposit, and the tenant’s obligation to move out after the lease expires.

The survey also highlights the benefits of a unilateral declaration of obligation executed before a notary. If a tenant fails to comply with the commitments contained in such a notarized document, the landlord can begin enforcement proceedings directly, without first filing a lawsuit.

Landlords and tenants may also choose to have the entire lease agreement executed as a notarial deed. According to MOKK, this provides stronger legal certainty for both parties by clearly documenting the rent, payment deadlines, conditions for modifying the agreement, and the rules governing the end of the tenancy and the tenant’s move-out.