Late rent before winter: a calm, step-by-step plan for small landlords
Your tenant has missed a payment and winter is close. Here is a calm plan: check the numbers, talk early, write down any repayment plan, send a proper demand, and know which winter rules apply where you are.

Mid-October is when many landlords first see a gap in the rent. Heating bills are starting to arrive, some tenants are juggling their budgets, and in several countries winter eviction protections are only weeks away. In France they start on 1 November, and in Hungary normally on 15 November.
That doesn't mean you should rush. Most missed payments are sorted out with a phone call and a realistic plan. But it does mean that the next few weeks are the best time to deal with it. A problem that is clear now is much easier to handle than one that has grown for four months by spring.
Here is a plan that works whatever country you let in, with the rules that differ from country to country marked as such.
1. Confirm the exact balance from your records
Before you call anyone, be sure of the number. Go through the lease and your bank statements and write down:
- what was due, and on which dates (rent, plus any service charges or utilities the tenant pays you)
- what actually arrived, and when
- any partial payments, credits or agreed reductions
You'll often find the "missed" rent is really a smaller gap: a payment that came in three days late, or a utility settlement nobody explained. Saying a wrong figure to the tenant at the start damages trust and, later on, your case.
This is where keeping payments in one place pays off. In LeasingTrack, the lease balance comes from the payments you record, and the tenant sees the same lease and payments in their own account. So you both start from the same numbers instead of arguing about whose spreadsheet is right.
2. Contact the tenant early, and find out why
Get in touch within a few days, not weeks. Keep it short and neutral:
"Hi Anna, I see this month's rent of 180,000 Ft hasn't arrived yet. Is everything all right? Let me know when you expect to pay."
Then listen. The reason matters more than the delay:
- One-off problem (late salary, a bank error, an unexpected bill): usually fixed within days.
- Temporary hardship (lost job, illness, a big heating bill): needs a plan.
- Ongoing inability or unwillingness to pay: needs the formal steps below, sooner rather than later.
Ask directly whether the tenant is entitled to any support, such as housing benefit or a heating allowance. Many people don't know what they can claim. You can't sort out their finances for them, but pointing them to their local council or social services costs you nothing.
3. Agree a written repayment plan
If the tenant can pay but needs time, a repayment plan is usually your cheapest option. Court cases are slow and expensive, and an empty flat in January earns nothing.
A good plan is:
- Realistic: current rent, plus a manageable extra amount each month. Splitting one month's arrears over three or four months is common.
- Specific: amounts, dates and the account to pay into.
- Written down: a short document or email that both of you confirm. State the total owed and that the current rent stays due on its normal date.
- Clear about what happens if it fails: for example, that if a payment is missed, you will send a formal demand.
Keep track of each payment against the plan. If the plan holds, you've kept a tenant and avoided a dispute.
4. Send a formal written demand, and keep copies
If a conversation doesn't lead anywhere, or a plan breaks down, move to a formal written demand. In many countries this is a legal requirement before you can end the lease for non-payment, and the form and deadlines are strict.
- Hungary: under the Housing Act (Act LXXVIII of 1993, §§ 24–25), you must call on the tenant in writing to pay, name what is unpaid and warn that the consequence is termination. The tenant gets at least 8 days. If they still don't pay, you can terminate in writing within the next 8 days. The termination can take effect on the last day of the following month, with at least 15 days' notice. Getting the dates wrong can make the termination invalid.
- France: the process starts with a commandement de payer served by a bailiff (commissaire de justice), after which the tenant has six weeks to pay, as Euronews summarised.
Wherever you are, send the demand in a way you can prove (registered post with a return receipt is the usual choice), and keep copies of the demand, the receipt and all related messages. If it ever goes to court, those papers are your case.
5. Never change the locks or cut off utilities
However frustrated you are, don't take matters into your own hands. Changing the locks, removing the tenant's belongings, or turning off heating, water or electricity to force a payment is unlawful in practically every European country. In some, such as England, illegal eviction is a criminal offence. In winter it can also put people in real danger.
It also backfires. A landlord who acts outside the law can end up owing damages, and weakens a claim that was otherwise solid. Only a court and an enforcement officer can remove a tenant.
6. Know when to call a lawyer
Talk to a lawyer (or a local landlords' association) when:
- the tenant stops responding, or refuses to pay with no plan
- arrears reach the level where the law in your country allows you to end the lease
- you're about to send a termination notice and want to get the form and dates right
- the tenant disputes the amount or raises defects in the flat as a reason for not paying
An hour of advice before you send a notice is far cheaper than starting again because a deadline was miscounted.
Winter rules: what they do and don't stop
Winter protections are often misunderstood. They usually pause the physical eviction, not the rest of the process.
| Country | Rule | What it means for you |
|---|---|---|
| Hungary | Winter moratorium, Vht. § 182/A, normally 15 November – 30 April | Residential evictions are postponed. Notice, termination and court action can still go ahead. |
| France | Trêve hivernale, 1 November – 31 March | No evictions in this period, so a judgment in October may not be enforceable until April. |
| England | Since 1 May 2026, the mandatory rent-arrears ground needs at least three months' arrears (13 weeks for weekly tenancies), with four weeks' notice | Not a winter rule, but the threshold rose from two months under the Renters' Rights Act. |
| Germany | Termination without notice if the tenant is behind on two consecutive due dates, or owes two months' rent over a longer period | The tenant can usually still cancel the termination by paying in full within two months of the eviction claim being served (§ 569 BGB). |
A note on Hungary in 2026
On 18 May 2026 the Hungarian government announced a reform of the enforcement system and said it would ask Parliament to suspend evictions until the new law takes effect. On 8 June Parliament unanimously voted to suspend lawsuits and enforcement linked to foreign-currency loans. As of mid-October we couldn't confirm whether, or how far, a wider suspension applies to evictions of tenants. Before you rely on any timetable, check the current state of the law with a lawyer or in the official Magyar Közlöny. Either way, the steps above (clear records, early contact, a written plan, a proper demand) still make sense.
In short
Check the number, call early, put any agreement in writing, send formal demands in a way you can prove, and never use self-help. Winter rules change when an eviction can happen, not whether you can sort out the arrears now. Most of the time, a calm conversation in October saves everyone a hard winter.
This article explains general rules and is not legal advice. Rules differ from country to country and change over time, so check your own situation with a lawyer or accountant.
Sources
- Euronews: Eviction – where are tenants most and least protected across Europe? (1 October 2026)
(opens in a new tab) - HVG: Nonprofit végrehajtási rendszer, kilakoltatások felfüggesztése (18 May 2026)
(opens in a new tab) - HVG: Megszavazták a devizahiteles perek és kilakoltatások felfüggesztését (8 June 2026)
(opens in a new tab) - Utcajogász: Gyakori kérdések a kilakoltatási moratóriumról
(opens in a new tab) - 1993. évi LXXVIII. törvény (lakástörvény) – Nemzeti Jogszabálytár
(opens in a new tab) - Ground 8's new 3-month rent arrears rule (Renters' Rights Act)
(opens in a new tab) - § 543 BGB – Außerordentliche fristlose Kündigung aus wichtigem Grund
(opens in a new tab) - § 569 BGB – Außerordentliche fristlose Kündigung aus wichtigem Grund (Wohnraum)
(opens in a new tab)


