The Eviction Process in Hungary (And Notarial Deeds)

Evicting a tenant in Hungary, governed primarily by the Hungarian Civil Code (Act V of 2013) which became effective on 15 March 2014, highlights the stark contrast between standard civil litigation and proactive contractual protection. If a landlord relies solely on standard civil law, evicting a non-paying tenant is a grueling, multi-year nightmare. However, by utilizing specific Notarial processes at the signing of the lease, landlords can execute evictions swiftly and effectively.

The Traditional Eviction Lawsuit (The Slow Path)

If a landlord and tenant only sign a standard private written lease, the landlord is forced into standard court litigation to execute an eviction.

If a tenant stops paying rent or blatantly destroys the property, the landlord must:

1. Issue a formal, written demand for payment granting an 8-day grace period.
2. If ignored, issue a formal notice terminating the lease.
3. If the tenant still refuses to leave, the landlord cannot change the locks or cut the utilities (which is considered illegal, tortious self-help).
4. The landlord must file an eviction lawsuit (Lakáskiürítési per) in the local civil court (Járásbíróság).

This traditional court process is disastrously slow. It routinely takes 1 to 2 years to secure a final, enforceable judgment, during which time the tenant lives in the property rent-free, racking up enormous utility debts in the landlord's name.

The Notarial Deed of Eviction (The Fast Path)

To entirely bypass the excruciating delays of the civil courts, professional landlords and property managers in Hungary exclusively rely on the intervention of a Notary Public (Közjegyző).

At the exact time the lease is signed (and before handing over the keys), the tenant is required to visit a Notary's office and sign a közjegyzői okiratba foglalt kiköltözési nyilatkozat (A Notarized Declaration of Move-Out/Eviction).

How the Magic Works

By signing this specific notary document, the tenant makes a formal, unilateral, state-recognized declaration acknowledging the lease parameters and agreeing to voluntarily vacate the premises the moment the lease is legally terminated (whether by expiration or by early termination for default).

If the tenant subsequently defaults:

1. The landlord legally terminates the lease via registered mail.
2. The landlord takes the termination proof and the Notarized Declaration back to the Notary.
3. The Notary directly stamps the document with an "Enforcement Clause" (Végrehajtási záradék).
4. The Notarized document immediately carries the exact same legal weight as a final, unappealable court judgment.
5. The landlord immediately hands the document to a State Bailiff (Végrehajtó) under the Act on Judicial Enforcement (Act LIII of 1994), who arrives with police assistance within weeks to physically remove the tenant and change the locks.

The entire eviction timeline shrinks from 2 years to approximately 3 to 6 weeks. The cost of the Notary (usually €100 - €200) is almost always paid by the tenant upon moving in.

Statutory Eviction Moratorium (Kilakoltatási Moratórium)

Regardless of whether a landlord possesses a powerful Notarial Deed or a final court judgment, no physical evictions of residential tenants can take place in Hungary during the winter.

Under the Hungarian Judicial Enforcement Act, an absolute Eviction Moratorium is in effect from November 15th to April 30th of the following year. During this nearly six-month freeze, state bailiffs are legally prohibited from physically removing residential tenants from their primary dwelling to protect vulnerable citizens from freezing winter temperatures. (Commercial property is exempt from this moratorium).

Managing Evictions Profitably

Managing Hungarian rental properties without a strictly enforced Notarial Deed policy is financial suicide. Landlords must guarantee that a valid Notarial Deed essentially acts as a pre-approved eviction warrant. Landager provides critical document management to ensure these notarized deeds are linked directly to every lease profile, sending automated alerts if a tenant's notarized documents are missing or non-compliant, safeguarding landlords from years of devastating and unrecoverable rental losses.

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