Szerző: Ügyvédi Iroda
Many people are forced to live in sublets in their daily lives, so the insufficiently thought-out provisions of the lease agreement can raise problems, especially when it is terminated. In this article, the basic concepts that may arise in the event of termination of a lease agreement will be described.
The provisions related to the lease agreements are contained in Act LXXVIII of 1993 on Residential and Commercial Leases and Act V of 2013 on the Civil Code.
With regard to a rental contract, also known as a lease agreement, the parties are free to determine its content, provided that the above laws do not preclude the imposition of certain provisions of the contract. For example, the parties may decide whether the lease is concluded for a fixed or indefinite period of time, and may also provide for the right to terminate. If the parties do not take advantage of this option, the above mentioned laws will apply.
Both the tenant and the landlord are entitled to termination, which can be exercised in the context of ordinary or extraordinary termination. The question is, how can they be separated from each other?
In the case of indefinite leases, the Civil Code stipulates that either party may terminate the contract by the end of the following month in a declaration submitted until the 15th of the month concerned. The peculiarity of the ordinary termination, as opposed to the extraordinary termination, is that there is no need to justify the intention to terminate the lease.
Extraordinary termination is essentially a form of sanction that can be applied if one of the parties has breached a contract. An example of this from the tenant side is the delay in payment, the property that has been evicted or damaged, or the landlord’s side if it does not ensure the proper use of the property. In addition, it is possible for the parties to terminate their contract in writing, either in the case of a fixed-term or indefinite lease. In such cases, the parties are free to close the legal relationship between them at the time indicated by them.
In view of the above, it is recommended to use the assistance of a lawyer before concluding the lease agreement, who, in addition to help clarifying unknown concepts, is able to provide appropriate advice covering all relevant circumstances, taking into account the applicable legislation. With any further questions on the subject, please contact our law firm with confidence, our colleagues will help you!