What is an occasional lease agreement?

⚖️ LawBarnat Nieruchomości Szczecin
What is an occasional lease agreement?

📋 TL;DR: An occasional lease agreement is a special form of residential lease in Poland where the tenant makes a notarized declaration of voluntary submission to enforcement and names an address they will move to when the lease ends. This makes eviction significantly faster than under a standard lease if problems arise.

One of the most common concerns for owners renting out an apartment is: "what if the tenant refuses to move out?" The occasional lease agreement exists specifically to address that concern.

How it differs from a standard lease

A standard lease mainly protects the tenant - termination and eviction can take months, and in some cases (such as the winter protection period) are made even more difficult. The occasional lease agreement is regulated under Poland's tenant protection law and gives the owner extra legal tools that a standard lease doesn't provide.

The key element: the tenant's notarized declaration

The most important difference is the tenant's mandatory declaration, made in the form of a notarial deed, in which the tenant:

💡 Tip: The notary visit cost is usually covered by the tenant, but in practice it's worth agreeing on this clearly before signing the lease - it's a point of negotiation, not a default obligation of either party.

How it works in practice

If the tenant stops paying rent or otherwise breaks the lease terms, the owner can end the tenancy faster, because they don't need to go through a full court eviction process - the notarized declaration significantly shortens that path.

Additional formal requirements

An occasional lease agreement must be for a fixed term (maximum 10 years) and reported by the owner to the head of the tax office within 14 days of the lease starting. It's an easy formality to forget, and skipping it can strip the agreement of its special protection.

Is it worth it for every lease?

The extra notary visit and reporting formalities cost time and money, which is why some owners skip this form when leasing to people they trust. But for a long-term lease to someone unfamiliar - especially when the owner doesn't live locally and can't react on the spot - the occasional lease agreement provides real peace of mind.

Want your lease drafted correctly from the start?

As part of our property management service, we prepare the occasional lease agreement and handle the reporting formalities.

Free consultation: +48 795 630 019

Summary

The occasional lease agreement is extra legal protection for the owner, based on the tenant's notarized declaration of submission to enforcement. It requires more paperwork than a standard lease, but in return gives a faster, more certain path to reclaiming the apartment if problems arise with the tenant. The information above is general in nature - for a specific case it's worth consulting a lawyer.