We signed a one year definite contract that expires in two months. But the landlord informed us a couple of days ago that we need to move out one month before expiration of the contract. Our contract does not give the possibility for termination of the contract before it expires, which we reminded the landlord of. They agreed that since they are breaking the contract, we do not have to pay rent for the last month suggesting that, I quote, "according to the Hungarian Law on the Lease of Real Estate Properties you are entitled to compensation equal to the amount of the caution." However, they suggest that we do not need to pay the rent for one month, while in fact we paid a two months caution/deposit. Could I ask if someone had a similar experience or knows what are legally our rights as tenants? I've managed to grasp that such issues are regulated by Act IV of 1959 of the Civil Code and Act LXXVIII of 1993 on Residential and Commercial Leases, but I cannot find in English what does the law says in this case.
Thank you for your help
Compensation for early termination of a define period contract
There are a number of online translations services. If you have not tried them consider it. They do a "okay" job sometimes translating some Hungarian and might help. Can't hurt to give them a try if you have not already done so.
Otherwise: If you have a 1 year written lease, then you have a definite term contract and there are rules about what the landlord can do to terminate your lease early (see below). If you have a verbal agreement or an indefinite lease then the landlord can kick you out anytime.
I am not a Lawyer (and you should consult with one) but according to this site:
Rental agreements concluded for a definite term, or until a certain condition has occured, terminate at the termination date agreed, or when the agreed condition is fulfilled. They cannot be terminated by either of the parties, except for breach of contract.
Reasons for termination by the Landlord for breach of contract are defined by the Lease Act as follows:
the Tenant fails to pay the rent by the agreed date;
the Tenant fails to perform his essential contractual or legal commitments;
the Tenant has a depraved, antisocial lifestyle which conflicts the requirements of cohabitation;
the Tenant damages the property or the common premises, or uses them for an unintended purpose;
the Landlord is able to offer a vacant property adequate for the Tenant.
Termination must be in writing, and verbal termination is invalid.
If there is a specific article in the contract about compensation for breaching the contract, both parties will act accordingly.
If there is not such an article, then you will get back the amount equal to the renting of the month left (in this case you will have to leave 1 month earlier so you will get back 1 month renting + you will get back the deposit)
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