Have you encountered a situation where someone is using your property without any legal right and refuses to leave? Dealing with unlawful occupants can be extremely frustrating and damaging for a property owner. Fortunately, the law provides a special, expedited procedure to resolve the situation. In this article, we explain the most important things you need to know and outline the steps of the procedure.
Many people think an unlawful occupant (or squatter) is only someone who breaks into a property. The legal definition is broader:
Why should you choose this procedure instead of a classic lawsuit?
Submitting the Petition: The procedure begins by filing a petition at the district court corresponding to the property's location. The petition has strict formal requirements, and any errors in filling it out can lead to its rejection. You must attach documents proving your ownership and, in the case of a former tenant, the expired lease agreement.
Court Decision: The court makes a decision based on the submitted documents within 5 working days, without a hearing. The court sends its order directly to the Hungarian Chamber of Bailiffs.
Service by the Bailiff: The appointed bailiff goes to the property and serves the eviction order to an adult present in the residence. At this time, the bailiff also informs them of their right to file an appeal within 3 working days.
The Appeal Stage:
If there is no appeal: The order becomes final. The bailiff calls upon the occupant to vacate the property within 2 days. If they fail to do so, the bailiff will carry out the eviction with police assistance.
If an appeal is filed: The proceedings are paused until the second-instance court makes a decision, which it is required to do as a priority case. If the original decision is upheld, the process continues as described in the point above.
Handling of Personal Belongings: The property owner must arrange for the removal and storage of the evicted person's belongings for 30 days in a designated warehouse or room, at the occupant's expense.
What about the winter eviction moratorium?
The moratorium does not apply to unlawful occupants who have never had a legal title. However, in the case of a former tenant with a previously valid contract that has expired, the eviction cannot be carried out during the winter period.
What happens if there is a minor living in the property?
Contrary to popular belief, the presence of a minor or an elderly person is not an obstacle to eviction. In such cases, the guardianship authority is also involved in the procedure to ensure their proper placement.
How long will it take to get my property back?
Although the possibility of an appeal has extended the timeline, a successful procedure can still be concluded in about 1.5 to 2 months on average, which is a fraction of the time a full civil lawsuit takes.
The procedure for evicting an unlawful occupant is fast and effective, but it is easy to make mistakes due to the strict deadlines and precise administrative requirements.
An experienced lawyer will:
Don't wait for the situation to get worse. If you have a problem with an unlawful occupant, contact our office with confidence. We provide expert legal assistance to help you reclaim your property as quickly and efficiently as possible. Contact our office and leverage our expert assistance!
