Renting out a home can be a smart opportunity — but it only pays off when the legal groundwork is solid. With a poorly drafted lease agreement, an unclear security deposit, or no notarized move-out declaration, a landlord may spend months, or even years, trying to recover the property from a tenant who does not pay or refuses to leave.
This guide explains how to rent out your home in a way that keeps the agreement clear, enforceable, and fair on every side.
What every lease agreement should include
In Hungary, residential leases are mainly governed by the Hungarian Civil Code (Act V of 2013) and the Housing Act (Act LXXVIII of 1993). A verbal agreement may be valid in theory, but it is extremely difficult to prove in court — so you should never hand over the keys without a written agreement.
A proper lease agreement should include:
the full names, addresses, and identification details of both parties,
the exact details of the rented property (address, land registry number, number of rooms),
the amount of rent, the payment deadline, and the payment method,
the amount of the security deposit and the conditions for returning it,
the lease term, whether fixed-term or open-ended,
how utilities and common costs are handled,
the conditions for termination.
For stronger legal certainty, the agreement should be signed in the presence of two witnesses, or authenticated by an attorney or a notary. Attorney countersignature is not expensive, and in a serious dispute it can be invaluable.
The security deposit: how much it can be, and when it can be withheld
Financial security
The role of the deposit
The security deposit is one of the landlord’s most important financial safeguards. Under Hungarian law, it may be no more than the equivalent of three months’ rent, while one to two months is the usual amount in practice.
The security deposit is not extra income. Legally, it remains the tenant’s money, and the landlord may use it only for the following purposes:
unpaid rent,
unpaid utility bills,
damage caused by the tenant that can be proven.
Proof matters
When it can be withheld
To withhold any part of the deposit, the landlord must be able to prove the damage — with photos, itemized invoices, or expert documentation. If the deposit is withheld without proper grounds, the tenant may go to court, and the landlord may be ordered to return the deposit with interest.
Practical advice: before move-in, prepare a detailed condition report with photos and have the tenant sign it. This is the only reliable way to prove the difference in condition at move-out.
The notarized move-out declaration — the landlord’s strongest safeguard
Why it matters so much
This is the document many landlords do not know about, even though it offers the strongest protection in the event of non-payment or unauthorized holdover.
A notarized move-out declaration — or, in some cases, a lease agreement executed as a notarial deed — means that the tenant declares before a notary that they will leave the property voluntarily when the lease ends. If they fail to do so, the landlord may request direct enforcement without first filing a lawsuit, because the document qualifies as an enforceable notarial instrument.
Without this declaration, a landlord dealing with a non-paying tenant or a tenant who refuses to move out must usually start court proceedings. That can take months, and in some cases years, while the tenant may continue living in the property without paying.
The declaration is prepared by a notary. The tenant must appear in person and sign the document. The fee is typically in the range of several tens of thousands of Hungarian forints — and for many landlords, it is one of the best protective investments they can make.
Important: having the declaration does not mean a tenant can be removed immediately. The rules on termination and the deadline given for moving out still apply. But if those deadlines expire and the tenant still does not leave, enforcement can be started without first going through a full court lawsuit.
Fixed-term or open-ended lease?
Fixed term
Clear framework, less flexibility
Both options have advantages.
A fixed-term lease, for example for one academic year, creates a clear framework and makes the termination rules easier to define. The downside is that the landlord can usually terminate it early only in limited cases.
Open-ended
More flexible, still regulated
An open-ended lease is more flexible, but statutory notice periods — usually one to three months, depending on the reason and the duration — still apply. A lease cannot simply be ended overnight.
Whichever structure you choose, always write the termination conditions and the notice period into the agreement instead of relying only on general legal rules.
What to check about the tenant
Legal documents alone are not enough. Checking the tenant’s identity and reliability is just as important. At a minimum, you should:
verify the tenant’s identity using an ID card or passport,
check their address card, if they have one,
where possible, request proof of employment or income to support their ability to pay.
On moderated platforms such as SofiStay, advertisers go through a basic screening process, which helps reduce the risk of obviously unreliable tenants contacting you through the platform.
Tenant address registration
If the tenant wants to register their address at the property, the landlord’s written consent is required — this is the accommodation consent statement. Providing it is not mandatory, but if you refuse, the tenant cannot legally register the address, which can be a serious issue especially for foreign tenants who may need it for their residence permit. In most normal rental situations, landlords provide this consent.
Rent out your home more safely
SofiStay helps your Debrecen rental appear in a clearer, more trustworthy environment, reaching people who are actively looking for reliable accommodation or long-term housing.
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