In this article, we have attempted to address some important aspects of stamp duty payment and the registration of leases and the associated risks. In Hungary, it is currently not possible to register rental contracts in the real estate register, which is available to all without restriction. If a property is rented for 24 months with a monthly rent of Rs20,000 for the first 12 months and 22,000 Rs. per month for the next 12 months. The registration fee of this agreement would be: 2% of the average rent for 12 months: Rs5.040, (average monthly rent is Rs21,000, average annual rent is 21000 – 12 and 2% is Rs5,040). In both Poland and the Czech Republic, the lease can only be registered with the agreement of the owner of the property, whose signature must be officially verified. The best time to open this issue with the owner is therefore during the rental negotiations. In the Czech Republic, the lease agreement can only be removed from the register if the termination of the lease is proven in the land registry, except in cases where the duration of the tenancy is terminated, in which case a simple declaration from the lessor is sufficient. In Poland, the application to opt out of the tenancy agreement can be made by the owner of the property or by the tenant. The agreement of the other party to the lease is not necessary; However, the lease can only be cancelled if the application is accompanied by a document attesting that the lease has been terminated (for example. B a notification of termination). Maintenance: The contract must clearly state who must pay the monthly maintenance fee.
With regard to the change of ownership, in Hungary, the general rule applicable to commercial or private tenancy contracts is that the modification of the property does not affect the tenant`s rights and obligations under the tenancy agreement. None of the parties has the right to terminate the lease in this context, with the exception of certain situations related only to fixed-term leases. In this case, the law gives the new landlord the right to terminate the tenancy agreement as a penalty imposed on the tenant if the tenant provides the new owner with misleading information about the existence or the main conditions of the lease (which is not possible in writing, for example. B in the event of non-performance of the original lease). Caution and amount of chips: The contract must clearly state the deposit and what happens to it when you leave the premises.