Renting out your Hungarian flat from abroad: what does an attorney-countersigned lease give you?

Many owners of flats in Hungary live abroad, yet letting a flat requires a contract that the parties must sign. This article summarises what an attorney-countersigned lease gives the landlord, how it can be signed from abroad, and what cannot be achieved by countersignature.

Does the lease have to be in writing?

Yes. Under section 2(5) of Act LXXVIII of 1993 on certain rules relating to the lease and alienation of residential and non-residential premises, a lease of a flat is valid only if the contract is put in writing. A valid residential lease therefore cannot be created by oral agreement.

What does the attorney’s countersignature certify?

Under section 44(1) of Act LXXVIII of 2017 on the professional activities of attorneys-at-law (the “Attorneys Act”), by countersigning a document the attorney-at-law attests that

• the document complies with the law;
• the parties stated that the content of the document conforms to their wishes;
• the attorney-at-law verified the identity of the parties indicated in the document and their representatives;
• the parties signed the document in the attorney’s presence, or acknowledged in the attorney’s presence that the signatures on the document are theirs.

A lease countersigned in this way is a private deed of full probative value under section 325(1)(e) of Act CXXX of 2016 on the Code of Civil Procedure (the “Code of Civil Procedure”). Under paragraph (3), such a deed provides full proof, until proven otherwise, that its signatory made the statement contained in it. Its authenticity needs to be proven only if the other party disputes it or the court considers it necessary [section 325(4) of the Code of Civil Procedure].

How can the landlord sign from abroad?

Before countersigning, the attorney-at-law must verify the identity of the parties [section 32 of the Attorneys Act]. After that, there are several ways in which the landlord need not travel to Hungary:

• A party already identified by the attorney-at-law may sign, or acknowledge the signature, via a live video connection; the attorney keeps the recording together with the document [section 44(2) of the Attorneys Act].
• In the case of an electronic document, the party may also sign with a qualified electronic signature or an advanced electronic signature based on a qualified certificate [section 43(2a) of the Attorneys Act].
• Where the party’s signature has been authenticated abroad by a consular officer or a notary, or provided with an Apostille certificate, the attorney need not separately attest these circumstances [section 44(5) of the Attorneys Act].

An important rule is that no diplomatic authentication, legalisation or Apostille certificate is required for the full probative value of a document countersigned by an attorney-at-law but signed by the parties abroad [section 44(7) of the Attorneys Act].

What does a countersignature not give you?

A contract countersigned by an attorney-at-law is not an enforceable instrument. If the tenant does not pay, or does not move out after the lease ends, the landlord must, as a rule, enforce the claim in order for payment proceedings or in court proceedings.

Enforcement without court proceedings is made possible by a notarial deed. Under section 23/C(1) of Act LIII of 1994 on judicial enforcement, a notary attaches an enforcement clause to the deed if it contains the undertaking, the names of the obligee and the obligor, the subject matter, amount and legal basis of the obligation, and the manner and deadline of performance. Where the obligation depends on a condition or a point in time, enforceability also requires that the occurrence of the condition or point in time be attested by a public deed [paragraph (2)]. Which form is appropriate for a given lease is best decided before the contract is concluded.

What else should the landlord consider?

• If the tenant is not a client of the countersigning attorney, the attorney informs the tenant in writing before signature that the countersignature does not create a client relationship with them [section 43(5) of the Attorneys Act].
• It is advisable to name a contact person or authorised representative living in Hungary for the tenant, with clearly defined powers set out in the contract.
• The amount of the collateral security (óvadék, commonly called a “kaució” or security deposit) and the conditions for its return, as well as the handover and condition of the flat, are best recorded in the contract and in a handover protocol. Under Act V of 2013 on the Civil Code, collateral security may also be established on money [section 5:95(1)(a)].
• The taxation of rental income must be examined separately from the contract, depending on the landlord’s tax residence.

You can find more about concluding contracts from abroad on the Concluding contracts by remote identification page, and about real estate matters on the Real estate law page.

This article provides general information and does not constitute legal advice. Legal position as at October 2026. This English version is provided for information; in the event of any discrepancy, the Hungarian version prevails.