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Many of our clients past and current clients have been renting out apartments during their stay in Hungary. Although serious legal disputes do not arise during most of the landlord-tenant relationships, unfortunately, there is an inevitable possibility of having misunderstandings in connection with the rented apartment and the agreement between the parties. Here are some useful legal tips in order to avoid trouble, and to make sure both the landlord and the tenant are aware of their rights and obligations.
- Have a professional draft your rental agreement, do not use samples. Many people use samples they download from the web, but a sample is never the solution to your individual needs. It never fits your needs and the exact purpose of the parties.
- Do not automatically accept the contract handed to you, drafted by the landlord or the estate agent. Landlords and tenants often think they can be just as smart as a lawyer, and they can save money using a contract drafted by themselves, or using a sample provided by the estate agent. Remember, even having the best intentions to help, an estate agent is not a lawyer, thus he/she can not guarantee you the legal safety. Truth is, the legal fees of fixing something are at almost all times more than the amount that people think they save by cutting out legal fees.
- Never sign something that is not drafted in a language you understand. Unfortunately, we have experienced numerous occasions, where te main reason of the landlord-tenant dispute was, that the rental agreement was only drafted in Hungarian, thus the rights and obligations of the parties were anything but clear.
- Do not hesitate to tell your needs, you are not obligated to agree to something you would not like to. Sometimes it happened, that our clients reported they had „no choice” but to sign the agreement they were handed. Remember, you always have a choice, even walking away from the agreement is one, and it is way more favorable than committing yourself to a contract that is regardless of your interests.
- Be sure you can terminate the contract without many restrictions. In case things do not go as your liking, you are entitled to terminate the agreement by law. Although the parties may agree to restrictions regarding termination, these may not be disproportionate or unrealistic considering the parties’ relationship and the agreement itself.
Remember, these are just some of the many things you have to be with attention to, there are many-many details to an agreement.
To ensure your safety and that you will not be cornered in case of a legal dispute, contact us and we make sure you get a bilingual contract and the representation you need, for an affordable price.
Next time we discuss how to properly perform your obligations while renting an apartment, and what to do if you get in trouble with your landlord.
