What to know about the unilateral vacating declaration
In practice this is the most common and most economical solution for landlords. There is no need to put the entire tenancy agreement into a notarial deed — it is enough for the tenant to declare separately, before a notary, that:
• they occupy the property under the given tenancy agreement,
• on the termination of that agreement, or on a specified date,
• they will leave the property voluntarily and unconditionally,
• and they consent to the landlord initiating enforcement proceedings if they fail to do so.
Why is this the most widely used form?
• It costs less than putting the whole agreement into a notarial deed
• It can be drawn up quickly if the tenant cooperates
• It is an enforceable instrument if the tenant does not move out voluntarily
• It is particularly popular among private landlords
When should it be signed?
Ideally the vacating declaration is signed when the tenancy agreement is concluded, before the tenant moves in. That way the landlord has legal certainty for the whole of the tenancy.
What else is worth knowing?
• The tenant must make the declaration in person, before a notary.
• It has to state the exact address, refer to the tenancy agreement and name the date of vacating.
• It can be used even if the tenancy agreement itself was drawn up only as a private document.
What does it cost?
Making the declaration currently costs somewhere around HUF 50,000.
If you want certainty about a prospective tenant, it is worth involving a notary before handover — today this counts as good practice for any careful landlord. Right now I cover the notary’s fee for the vacating declaration on behalf of my clients.