The Notarial Moving Out Declaration: Key Security for Landlords in Hungary

Renting out property in Hungary carries legal risks for landlords, especially if a tenant stops paying rent or refuses to leave. However, Hungarian law offers a powerful tool: the notarial moving out declaration (“közjegyző előtt tett kiköltözési nyilatkozat”). This is a one-sided, notarized commitment by the tenant, which guarantees the landlord can regain possession quickly, without lengthy court proceedings.

What Is a Notarial Moving Out Declaration?

It is a formal, unilateral statement by the tenant, made before a Hungarian public notary. The tenant solemnly undertakes, in a public document (public deed), to vacate and hand back the rental property to the landlord at the end of the tenancy (when the contract expires or is properly terminated).

Why Is It So Important?

• Immediate enforceability: If the tenant refuses to move out when the lease ends, the landlord does not have to go to court.
• No costly, lengthy lawsuits: The notarial declaration can be submitted directly to the court bailiff for enforcement – just as if there was a final court judgment.
• Ultimate legal security for landlords: Especially valuable if the landlord does not live at the property or if there is any doubt about future cooperation.

With a notarial moving out declaration, a landlord gains an “automatic guarantee” that the flat can be reclaimed, even if the tenant is non-cooperative or in arrears.

When and How Is It Used?

1. Before or at the lease signing, the tenant appears before a Hungarian notary public.
2. The notary drafts a public deed (“közokirat”) in which the tenant declares:
   — On termination (expiry or notice) of the rental contract, they will voluntarily vacate the premises and return keys.
   — They allow immediate enforcement without separate litigation.
3. Both parties receive an official copy. The cost is borne by agreement (customarily the tenant).
4. If problems arise (e.g., non-payment, refusal to leave), the landlord gives proper notice, then if the tenant fails to move, the landlord applies to the bailiff with the notarial document for eviction.

Legal Effect – Why Is It Different Than a Regular Contract?

• Public document: In Hungary, a notarial deed is a public document and has special evidentiary value.
• No “self-eviction”: Landlords cannot simply remove tenants or their belongings. The notarial declaration allows legal enforcement without risking illegal action.
• Uniquely Hungarian: While some other countries have similar practices, this direct enforceability is a unique Hungarian solution for landlord security.

Key Benefits for Landlords

• Much faster property recovery in case of nonperforming tenants
• Avoids months or even years of court cases and legal fees
• Helps safely rent to new tenants on time
• Deters risky tenants/not straightforward applicants

What Should the Declaration Include?

• Full address and identification of the property
• Tenant’s (and optionally landlord’s) details
• Statement on vacating at contract end (specific date or upon notice)
• Voluntary compliance with enforcement, as a one-sided obligation
• Date, signatures, official notary stamp

Summary

The notarial moving out declaration is the most powerful tool available to private landlords in Hungary to ensure their property can be quickly and peacefully recovered. While most tenancies end amicably, this one document can save massive time, stress, and money if things go wrong. For tenants, it’s a sign of serious intent and good faith.