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Cancelling contract before occupying

Last activity 28 May 2018 by Marilyn Tassy

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nizam.sheriffs

I signed a rental contract recently in Budapest to occupy after a month. I need to return back to my country unfortunately due to unforeseen circumstances.
I informed the landlord and he is frightening that he will fight legally to sue me in immigration office and blacklist me. He is not allowing the contract to be cancelled. Since there is still one more month left, he can advertise and get someone onboard. But he is in no mood to do so.
How can the rental contract be cancelled? Is there any cancellation fee I need to pay?

Marilyn Tassy

A contract is a contract.
You can either pay for the last months rent or lose all your deposit.
Pretty basic.
Yes, your logic is he can rent it out early but he has the legal right to not do this if he doesn't wish to.
You do not know what he plans may be for that apt. in the future, perhaps he was going to use your rent money towards something and not rent out the flat for the summer.He doesn't really have to explain his motives to you.
Way back we had a emergency and had to leave Ca. for another state, we lost our deposit on our apt.
It happens, sorry you have an emergency but it's not your landlords problem.
good luck, think it's pretty clear what you have to do.
Might not be legal but if you for some reason do not have the rent money for the last month, maybe you can sub lease it out for a month but only to someone you can trust to not mess it up for you so that your deposit funds will be returned.
Not sure what the landlord would say about sub leasing for a month though.
Most contracts do not allow sub leasing.
On the bright side, your landlord has no right or business with messing up things at immigration for you as far as I can say.
They are not lawyers and do not get involved in personal contracts.
I may be wrong but sounds like he is just tossing out a idle threat.
Maybe someone else knows more about the immigration business but I do not think they are not a collection agency.

SimCityAT

He might not find someone in the month, he might well do but he has the right. You broke the contract. Sorry to tell you, you have no legal right in this case.

Marilyn Tassy

SimCityAT wrote:

He might not find someone in the month, he might well do but he has the right. You broke the contract. Sorry to tell you, you have no legal right in this case.


I wonder now though if he pays his last months rent and leaves Hungary, can he trust the landlord to not rack up false charges such as he needed to repaint or some other repair towards the apt.
If the landlord should try to pull something like that , I would ask for all bills related to any repairs against your deposit.
Scary and confusing when one deals in another country and language.
My son was very silly when he was 22 years old.
He had a craving to go to Sweden and worked and saved to go.
He went first to Hungary with his father and then flew to Sweden alone when he dad returned to the US.
He stayed for a short time in a hostel then answered  an add to be a room mate with a American man from Fl.
He paid up for 2 or 3 months, forgot how many months exactly.
Well, within a couple of days of moving into the apt. the FL. guy said he had to go, his grandmother was ill or something but said he would return in a few months time.
My son had the flat to himself.
Sounded ok at the time but within days several people and I am  not trying to be rude but all were Arab men , came pounding on the door and asking for their money back.
My poor son had no idea what was going on and who these people were.
It was very scary, some tried putting their hands through the mail slot and kicking in the door.
My son went to the police but  they only laughed in his face...Look who's laughing now!
Seems the Fl. guy was a huge scammer and took deposit money from several Arab men but set my son up as the fall guy.
My son was in a panic, those guys were not messing around they said they would kill him if they found him etc.
Mean time my son was also a victim of the FL. scammer.
My son moved out of the apt. and back to a hostel but was out several months worth of rent.
He spoke with a couple of Swedish guys at a bar and they said they would move into the flat , they were not afraid .
He gave them the keys and never returned or cared.
No idea what ever happened after that.
Like i said, if you sub lease, make sure you can trust the people to actually move out after the month is up. Make sure they do not leave the flat in a mess and that they take photos when they move out to show it was in good condition. You should take photos yourself before you leave the flat for protection against rip off repairs later.

SimCityAT

I rented an apartment, was left in unpaid rent, and bills totalling to just under €2000 (638,883 HUF) $2,331) went to court and took a year to claim back the money. Was more stress than it was worth it. Never again lol.

Marilyn Tassy

SimCityAT wrote:

I rented an apartment, was left in unpaid rent, and bills totalling to just under €2000 (638,883 HUF) $2,331) went to court and took a year to claim back the money. Was more stress than it was worth it. Never again lol.


This is one big reason I am not really thinking of renting out our apt. ever.
Better off just selling it and moving on without looking back.
Don't need the hassles of having a bad tenant who doesn't pay up.
Not sure but it might be best to rent to foreigners because most do move out after they get out of school and perhaps it could hold up the degrees etc. if the school knows they have unpaid bills in Hungary.
I am not sure if immigration would get involved in a non payment of rent issue.
Think they have bigger things to do then that.
With foreign renters I also think one could contact their embassy and report them whatever good that would be,I have no idea.
The HU way of collecting rent is hard core, they usually hire people to get their money.I am not talking about a lawyer either...
My old DIL's mom rented out a flat in the 8th to several Chinese men. They always paid on time, my DIL would go there herself and get the cash.
Her mom wasn't a person to mess with though, she "knew people" who would collect for her if needed.
I think the best way of renting out a flat is to use an agency.
It will cut into your profit line but they have the know how and can collect in court in your behalf.
Many people rent on their own to try to avoid the taxes on renting etc. Guess they have to weigh the risks.

GuestPoster279

nizam.sheriffs wrote:

I informed the landlord and he is frightening that he will fight legally to sue me in immigration office and blacklist me. He is not allowing the contract to be cancelled.


This is common in Hungary. Bullies. Hire a lawyer and bully back. Surprising how fast bullies here back down when I have done that.

For example saying, do this or that will happen (i.e. blacklist you in an agency the landlord has no real control over regarding their decision on such matters), is potentially threatening language. And that is illegal. Even in Hungary. A good lawyer can address that even if it is "hearsay".

However:

nizam.sheriffs wrote:

Since there is still one more month left,


Only a month left? Good grief. Let it go. The legal mess will cost you more than a month's rent unless you rented a palace. Just put it down into your "life lesson" debit column.

Marilyn Tassy

klsallee wrote:
nizam.sheriffs wrote:

I informed the landlord and he is frightening that he will fight legally to sue me in immigration office and blacklist me. He is not allowing the contract to be cancelled.


This is common in Hungary. Bullies. Hire a lawyer and bully back. Surprising how fast bullies here back down when I have done that.

However:

nizam.sheriffs wrote:

Since there is still one more month left,


Only a month left? Good grief. Let it go. The legal mess will cost you more than a month's rent unless you rented a palace. Just put it down into your "life lesson" debit column.


Was  hoping you would answer this question.
Yes another life lesson.
Not sure what emergency can't wait one month but it must be serious enough to disrupt your present life.
Hope it turns out OK.
Gosh ,if i could cash out my life lessons I would be retired no in Monte Carlo...

happyyoung

Is it difficult for English speaking International student to find and get part time job in Hungary( Budapest)?

SimCityAT

happyyoung wrote:

Is it difficult for English speaking International student to find and get part time job in Hungary( Budapest)?


:offtopic: Please don't hijack someone else's post. Thas nothing to do with employment. Please start a new thread.  :offtopic:

happyyoung

I am sorry. I would like to ask for forgive.

nizam.sheriffs

Hi,

Thanks for your response!

The actual issue is: I have not yet occupied the place. I had to start my accommodation from June 23rd. However I got to know that my work is coming to an end just 2 days back. So I informed the guy with whom I signed the contract that I cannot start accommodation due to the reason I'm going back to my country. Please advise.

zif

You don't mention how long the lease is, whether you've paid a deposit, and what rent we're talking about. All relevant factors.

That said, as a practical and not a legal matter I'd be inclined to work out a settlement with the landlord to cancel the lease: lose your deposit and pay a couple of months rent, for example. As mentioned above, the landlord has real costs and real hassle in finding another tenant.

Obviously it would be best if you have a Hungarian middleman who can work out this sort of arrangement with the landlord. Did you work through an agent?

jesperss

If his lease doesn't start for nearly another month, I'm guessing he hasn't even given a deposit.


Just walk away.

Marilyn Tassy

Oh, I have reread the question and seen some new answers for you.
Yes, it would be good to know if you used  a rental agent or not.
They should be your middleman .
You may lose some or all of your deposit if you put one down.
Sounds a bit harsh to make you pay for the lease and never move in.
I would walk away like it has been mentioned if you have not put any money down yet.
I am sure they can probably find another renter with so many students coming  here to study.
I wouldn't really know if it would effect anything with your immigration status, I know they are busy there and sort of doubt they care about a small civil matter like the landlord not agreeing with you not moving in.

SimCityAT

Marilyn Tassy wrote:

I wouldn't really know if it would effect anything with your immigration status, I know they are busy there and sort of doubt they care about a small civil matter like the landlord not agreeing with you not moving in.


I can't imagine they would care. I think it's just the landlord using scare tactics in trying to get money out of you.

Just some advice it's always good to give as much information when asking for advise as it saves a lot of time. For instance, you could have said that you had not moved in, in your opening statement.

Marilyn Tassy

Yes, probably a big scare tactic with reporting to immigration.
It's a civil matter not a immigration matter.
Although... I have heard that students could have their degrees held up if they owe money in Hungary and plan on leaving with papers in hand.
That is more to do with their school though then the immigration office.
If you get off free and clear, next time you plan on renting, it might be best to use an agent and talk over all the issues in any contract before you sign anything.
Sometimes it's best to rent from a person who already  has a flat,be a room mate and just deal with your roomies and not the landlord or agent.
I hate to say it since I am just about a Hungarian myself at this point , most Hungarians seem to know a tiny bit of the laws and try to twist and turn them to abuse people if they can.
They are never wrong, it's always you who is wrong, at least in their minds and they way they see things.
My son paid rent for 3 months on a pricey Vegas apt. for his ex while she was running around town on him and he had vacated their apt.
Paying her rent while sleeping on our couch. His ex was Hungarian and read up on US laws etc. before coming to the US. Pulled allot of back handed sneaky tricks on my boy.
Stole his car, locked him out of his own apt. even though it was leased in his name etc.
Went to court where she and her Women's lib advocate looked like total fools in front of the judge. Her advocate realized she had been lied to and her face was red as a beet when the judge read them both the riot act. Just saying she knew pulling the "poor little me" act sounded good to many people although everything that went bad was her fault. You could see by the look on that advocates face that my ex DIL had given her a lamo story  about what had gone down.
I raised my son to be a gent, that's why he paid for 3 months rent for his ex when she was having an affair and he couldn't deal with her any longer. I at the time wished I had raised him to be a mass murder instead, she and her mom should of been taken care of... Off track, sorry. 
In the end it was tossed out of court after the judge told my DIL off, cool judge, he probably saw the same old story way too many times.
In fact after the case was over  and we were walking out, the female bailiff, called me over. She told me she sees this crazy stuff every single day in court. Foreign women marrying American men and then getting crazy and wanting it all without keeping the husband. Sort of sad to say for a fact that there are still gold diggers out there even if you only have a pocket of fools gold.
Just stating your landlord probably has dealt with rental issues before and he is just trying to manipulate you.
Don't let things go that far... Maybe you know someone who wants to take over the apt. before you leave and something positive can be worked out with the owner.

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