How much deposit can a landlord ask in Hungary?
Whatever you agree — but courts can cut deposits above three months' rent. Hungarian law sets no carved-in-stone deposit cap: the amount is a matter of contract, with market custom at 1–2 months' rent. Under the Civil Code's residential-lease rules, though, if the agreed deposit exceeds three months' rent, the court may reduce it at the tenant's request — three-plus months isn't banned, but it's attackable. The deposit is security: on move-out a settlement is due, and the landlord may withhold only proven damage, unpaid rent or utility arrears — 'it's worn, I'm keeping it' is not a legal ground. Practical self-defence: a handover protocol with photos at move-in and move-out, and the deposit's amount fixed in the written lease. The Civil Code names no refund deadline — after settlement it's due without delay.
📋 The key rules
- No statutory cap — custom is 1–2 months' rent
- Deposits above 3 months' rent can be reduced by the court on the tenant's request
- Move-out triggers a settlement duty — the remainder comes back
- Withholding only for proven damage, rent or utility arrears
- Self-defence: written deposit clause + handover protocol with photos
🔓 Exceptions
- Normal wear and tear (faded paint, aged fittings) can't be deducted
- Notarised lease deeds change eviction disputes, not the settlement principle
- Put the deposit and its amount in the written lease: with an oral deal the burden of proof is yours
⚠️ Penalties
A wrongfully withheld deposit is a civil claim: demand letter, then a notarial order for payment, finally a lawsuit — with interest and costs, which the losing landlord pays. There is exposure on the tenant's side too: proven damage, unpaid rent and utility arrears can be deducted, and any loss beyond the deposit can be claimed separately. A deposit above three months' rent can be reduced by the court at the tenant's request — the clause is not void, but it is attackable, and a missing handover protocol is an evidential nightmare for both sides.
📎 Official sources
- Ingatlan.com Knowledge Base · Deposits for tenants and landlords (HU) →
- E-ingatlanügyvédek · Deposit or security in residential leases (HU) →
- Bérletiszerződésem.hu · How much deposit and when is it returned? (HU) →
❓ Frequently asked questions
Is a 3-month deposit lawful?
It can be agreed, but under the Civil Code the tenant may ask the court to reduce any deposit exceeding three months' rent. Market custom is 1–2 months, so anything above is really a matter of bargaining power.
When do I get the deposit back?
After move-out and settlement — the Civil Code names no statutory deadline. Unjustified delay is already unlawful withholding, and it grounds an interest claim and an order for payment.
Can the landlord deduct repainting?
Only where the tenant caused actual damage, such as holes punched in the wall or a soaked ceiling. Normal wear — faded paint, aged fittings — is the landlord's burden and never a deposit ground, however worn the flat feels.
Deposit vs 'óvadék' — any difference?
The everyday kaució is legally óvadék: money handled under the Civil Code's security rules. The landlord may satisfy only proven claims from it, and the remainder is due back after settlement.
How do I prove the damage wasn't mine?
With a handover protocol, photos and meter readings — taken both at move-in and at move-out. Those few minutes are the strongest defence against a groundless deduction dressed up as wear and tear.
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