Residential lease
1.Parties
- 1.1
Landlord: Landlord's identity (hereinafter: the Landlord).
Add the landlord's tax number. Every owner on the property sheet should sign, or give the signing owner a written authority.
- 1.2
Tenant: Tenant's identity (hereinafter: the Tenant). If there are several tenants, they are co-tenants with equal rights and obligations, and they are jointly and severally liable to the Landlord.
Add ID or passport number and citizenship. Repeat for each co-tenant. The Housing Act makes co-tenants jointly and severally liable to the landlord.
- 1.1
2.The home
- 2.1
The Landlord lets, and the Tenant takes on lease, the flat owned by the Landlord with parcel number Parcel number (helyrajzi szám) in Town or Budapest district, located at Street address, with a floor area of Floor area m² (hereinafter: the Flat).
- 2.2
Rooms and appurtenances of the Flat: Rooms and ancillary spaces. The Flat is Furnished or unfurnished; the furniture and equipment are listed in the handover record.
- 2.3
The Tenant may use the Flat only as a home, for the Tenant and the following persons: Persons who will live with the tenant. The Tenant may take in any other person, except the Tenant's minor child, only with the Landlord's prior written consent.
The written consent rule and the exception for minor children come from the Housing Act.
- 2.1
3.Term
- 3.1
Optional
The parties conclude this lease for a fixed term from Start date of the lease to End date of a fixed-term lease.
Keep this clause or the next one, not both. A fixed-term lease ends on its date without notice.
- 3.2
Optional
The parties conclude this lease for an indefinite term from Start date of the lease.
Either party can then give notice by the 15th day of a month to the end of the next month, without a reason.
- 3.3
If the Tenant continues to use the Flat after the fixed term ends, and the Landlord does not object within fifteen days of the end date, the lease becomes a lease for an indefinite term.
This restates Ptk. 6:338. § (1). A landlord who wants the home back must object in writing within the 15 days.
- 3.1
4.Rent
- 4.1
The rent is HUF Monthly rent in HUF (or EUR), in figures per month, that is Monthly rent in words, in Hungarian forints.
If you agree the rent in euros, write the currency in both places and say who bears conversion costs.
- 4.2
The Tenant must pay the rent monthly in advance, by the Day of the month by which rent is due day of each month, by transfer to the Landlord's bank account no. Landlord's bank account number.
Without an agreed date the rent is due by the 15th of each month. Payment by transfer gives both sides proof.
- 4.3
Optional
From Date of the yearly rent adjustment each year, the rent changes by the annual consumer price index for the previous calendar year published by the Hungarian Central Statistical Office (KSH). The Landlord notifies the Tenant of the new amount in writing.
Without an indexation clause, a rent change needs both parties' agreement. If they cannot agree, either may ask a court to set the rent (Ltv. 6. § (2)).
- 4.1
5.Utilities and common charges
- 5.1
On top of the rent, the Tenant bears the following costs: Charges the tenant pays. The Tenant pays them on time on the providers' bills, and proves payment at the Landlord's request.
Agree whether the accounts move to the tenant's name or stay with the landlord, who then passes on the bills.
- 5.2
The condominium common charge is paid by Payer of common charge (közös költség).
Usually the landlord pays it. If the tenant pays it, write the amount.
- 5.1
6.Deposit
- 6.1
As security for the obligations under this lease, the Tenant pays the Landlord a deposit (óvadék) of HUF Deposit (óvadék) in HUF when signing this lease.
Above 3 months' rent, a court can reduce the deposit at the tenant's request.
- 6.2
The Landlord may deduct from the deposit any rent and utility charges due and unpaid, and the proven cost of repairing damage to the Flat beyond normal use. The Landlord repays the remainder within Days to repay the deposit after return days of the return of the Flat, to the bank account the Tenant gives.
The law sets no repayment deadline, so write one. Back each deduction with the exit record and an invoice or quote.
- 6.3
The Tenant may not set off the deposit against the rent.
- 6.1
7.Handover and energy certificate
- 7.1
On Start date of the lease the Landlord hands the Flat over in a condition fit for its intended use. The parties draw up a handover record that records the condition of the Flat, the furniture and the meter readings, and that forms an inseparable annex to this lease. The Tenant receives Keys and access devices handed over keys.
A flat is fit for use when the building's central systems inside it and the fittings work.
- 7.2
The Tenant declares that before this lease was concluded the Tenant viewed the energy certificate of the Flat with identifier Energy certificate identifier and class, and received a copy of it when signing this lease.
The Housing Act asks for the tenant's written statement on both points.
- 7.1
8.Use of the Flat
- 8.1
The Tenant uses the Flat as intended, in line with the condominium's rules and house rules. Pets: Pets allowed or not.
- 8.2
The Tenant may sublet the Flat or part of it, or let another person use it, only with the Landlord's prior written consent, and may not use it for short-term accommodation services.
A sublet without consent makes the tenant liable for any damage that would not otherwise have occurred.
- 8.1
9.Maintenance and repairs
- 9.1
Upkeep of the floor and wall coverings, doors, windows and fittings of the Flat falls on the Tenant; their replacement falls on the Landlord. The Landlord is responsible for maintaining the building and its central systems.
This follows the default split in Ltv. 13. § (1). The parties may agree otherwise, for example that the landlord also pays upkeep.
- 9.2
The Tenant must notify the Landlord at once if the Flat is at risk of damage or if work falling on the Landlord is needed. The Landlord repairs without delay any defect that endangers life, threatens the building's structure or substantially prevents use.
If the landlord does not act after a written request, the tenant may have the work done at the landlord's cost.
- 9.3
The Tenant must compensate, or repair, damage caused by the Tenant or the persons living with the Tenant.
- 9.1
10.Inspection and viewings
- 10.1
The Landlord may check the proper use of the Flat at least once a year, at a time agreed in advance, without needless disturbance of the Tenant. In an emergency the Tenant gives immediate access for the necessary repair.
- 10.2
Before the lease ends, or if the Flat is to be sold, the Tenant allows a prospective tenant or buyer to view the Flat at a suitable time and in a suitable way.
If the landlord sells the flat, the buyer steps into the lease as the new landlord.
- 10.1
11.Alterations
- 11.1
The Tenant may alter the Flat only with the Landlord's prior written consent. The consent states who bears the costs. After an unauthorised alteration, the Tenant restores the original state at the Tenant's cost when the Landlord asks.
At the end of the lease the tenant may remove what the tenant installed at own cost, if this does not damage the flat.
- 11.1
12.Termination
- 12.1
Either party may terminate an indefinite lease in writing by the fifteenth day of a month, to the end of the following month.
This restates Ptk. 6:347. § (1). A notice given after the 15th takes effect at the end of the second month.
- 12.2
Optional
Either party may terminate the fixed-term lease before its end by ordinary notice in writing, Early termination right (fixed term).
Keep it only for a fixed-term lease where the parties want an exit. Add "a hónap utolsó napjára" to end it on the last day of a month.
- 12.3
If the Tenant does not pay the rent by the due date, the Landlord sends a written demand warning of the consequences. If the Tenant does not comply within eight days, the Landlord may give written notice within a further eight days, with at least fifteen days' notice, to the last day of the month after the missed due date.
These steps are set by Ltv. 25. §. A notice that skips them is invalid.
- 12.4
After a prior warning, the Landlord may terminate the lease with at least fifteen days' notice, to the last day of the month after the notice, if the Tenant or a person living with the Tenant behaves towards the Landlord or the neighbours in a way grossly contrary to the requirements of living together, or uses the Flat improperly or in breach of the lease.
Ltv. 25. § (3): warn in writing within 8 days of learning of the conduct. Give notice within 8 days after it continues or repeats.
- 12.1
13.Return of the Flat
- 13.1
When the lease ends, the Tenant returns the Flat vacated, with the furniture and fittings, in a clean condition fit for its intended use, with all keys. At the return the parties draw up a handover record, including the meter readings.
Normal wear from proper use is not damage. Compare the exit record with the entry record line by line.
- 13.2
If the Tenant wrongfully fails to return the Flat after the lease ends, the Tenant pays a use fee equal to the rent for the period of retention, and is liable for all resulting damage.
- 13.1
14.Declaration to vacate
- 14.1
Optional
The Tenant undertakes, within 8 days of signing this lease and at the Landlord's cost, to make a unilateral undertaking in a notarial deed that the Tenant will vacate the Flat and hand it over to the Landlord when the lease ends for any reason.
Common in practice. It lets the landlord enforce the vacating without a court case. It does not make unpaid rent directly enforceable.
- 14.1
15.Final provisions
- 15.1
Amendment and termination of this lease are valid only in writing. The parties send notices to each other to the addresses given in this lease, by registered letter with return receipt or by hand delivery.
- 15.2
Matters not covered by this lease are governed by Act LXXVIII of 1993 on the lease of flats and premises and Act V of 2013 on the Civil Code.
- 15.3
Optional
This lease is made in Hungarian and English. A party who does not understand Hungarian declares that the party read and understood the English text before signature. If the texts differ, the Hungarian text prevails.
Keep it when a party does not understand Hungarian but understands English. If the party understands neither, follow Ptk. 6:7. § (4) (see formalities).
- 15.1
16.Signatures
- 16.1
Dated: Place of signature, Date of signature, in Number of originals originals. Annexes: handover record, copy of the energy certificate. Signature of the Landlord. Signature of the Tenant.
Each party initials every page. Two witnesses are not required but help prove the signatures.
- 16.1