Occasional lease — what it involves

What an occasional lease is

The occasional lease was introduced into the Polish legal order to balance the strong protection of tenants that stems from the Tenants' Rights Protection Act. Its essence is a set of additional declarations that safeguard the landlord in case the tenant refuses to move out after the contract ends. In an ordinary lease, removing such a person requires lengthy court and bailiff proceedings, and during winter there is protection against eviction without a social dwelling.

This form applies solely to residential premises and may be used only by a landlord who is a natural person and who does not rent the flat as part of a business activity. The contract is concluded for a fixed term, no longer than ten years.

Required declarations and documents

Three elements are necessary for an occasional lease to be effective. First, a tenant's declaration in the form of a notarial deed, in which the tenant submits to enforcement and undertakes to vacate the premises by the set deadline. Second, the tenant's indication of another dwelling in which they will be able to live in the event of eviction. Third, a declaration by the owner of that indicated dwelling consenting to take in the tenant.

The lease contract itself is drawn up in writing under pain of nullity. It is worth attaching a handover protocol straight away and setting the amount of the deposit. The cost of the tenant's notarial declaration is limited by law and is usually a small sum relative to the security it provides.

Obligation to report to the tax office

The landlord is obliged to report the conclusion of an occasional lease to the head of the tax office competent for their place of residence. The report is made within fourteen days of the start of the lease. This is a condition for preserving the special regime of this contract.

If the landlord fails to fulfil this obligation, the contract does not lose its validity, but it does not benefit from the simplified eviction procedure provided for the occasional lease. In practice, this means losing the most important advantage of this form of lease.

What eviction looks like under an occasional lease

When the contract expires or is effectively terminated and the tenant does not leave the flat, the landlord serves them with a written demand to vacate the premises. If the tenant still does not respond, the landlord applies to the court for an enforcement clause to be attached to the notarial deed in which the tenant submitted to enforcement.

Once the clause is obtained, the matter is handled by a bailiff, and the eviction is carried out to the dwelling previously indicated by the tenant. This bypasses the lengthy eviction court proceedings and does not apply winter protection to the same extent as an ordinary lease. It is precisely this path that constitutes the main advantage of the occasional lease.

Who this form is worthwhile for

The occasional lease works above all for private owners of one or several flats who want to limit the risk of a difficult tenant. It is especially worth considering when the landlord does not know the tenant and has no certainty as to their solvency.

A downside can be the need to visit a notary and for the tenant to find a substitute dwelling, which puts off some candidates. In practice, it is worth presenting this form as a market standard protecting both parties rather than as an expression of distrust.

Summary: key conclusions about the occasional lease

The occasional lease is a proven tool that limits the landlord's risk thanks to the tenant's notarial submission to enforcement and the indication of a substitute dwelling. To preserve its force, you must conclude the contract in writing, for a fixed term, and report it to the tax office within fourteen days. In return, the landlord gains a much faster path to recovering the flat, which makes this form attractive for private landlords.