What is Occasional Lease in Poland?

An occasional lease (najem okazjonalny) in Poland is a type of residential rental agreement. Its main feature is the inclusion of an alternative property where the tenant can move in case the contract is terminated. This type of agreement provides landlords with greater protection in situations where tenants prove to be unreliable. Occasional leases are governed by the Polish Civil Code and have specific characteristics.

The primary distinction of an occasional lease is that the tenant specifies an alternative place of residence within any voivodeship in Poland, where they will relocate upon the agreement’s termination. This alternative property could be owned by the tenant or, as is more common with foreigners, it may be guaranteed by another property owner who agrees to house the tenant if necessary.

In cases where the terms of an occasional lease are violated or the lease term expires, the landlord notifies the tenant in writing to vacate the premises within a specified period. If the tenant fails to comply, the landlord can take the matter to court to initiate eviction proceedings. Notably, with an occasional lease, tenants can be evicted even during cold seasons or if the occupants include pregnant women, children, or disabled individuals.

Key Terms of an Occasional Lease

1. Lease Term:
   Occasional leases can be signed for up to 10 months, making them ideal for short-term rentals, such as for students or individuals temporarily working in another city.
2. Eligible Parties:
   Only private individuals, one of whom owns the property, can enter into an occasional lease. The property must be intended for residential use, not commercial purposes.
3. Written Agreement:
   The lease agreement must be in written form. It should include essential details about the parties involved (landlord and tenant), a description of the rental property, terms of use, rent amount, and utility payments.
4. Eviction Agreement:
   The landlord has the right to simplified eviction of the tenant upon lease expiration without court intervention if the contract specifies such a condition. The tenant must sign a notarized statement agreeing to vacate the property.
5. Responsibilities of the Parties:
   As with a standard rental agreement, both parties have specific obligations. The landlord must provide the property in good condition, while the tenant is responsible for maintaining the property and paying rent on time.
6. Safety Assurance:
   Occasional leases provide landlords with greater protection, helping avoid prolonged legal disputes in eviction cases. The notice period for vacating the property must be pre-agreed.

Required Documentation for an Occasional Lease

• A tenant’s notarized statement agreeing to vacate the rented property.
• An alternative address for relocation. This must be supported by either ownership documents or a written consent from another property owner (which can also be notarized).

When to Use an Occasional Lease in Poland

• Short-term rentals.
• Tourism accommodation.
• Temporary housing.
• Testing the real estate market (prior to purchase).

An occasional lease is a convenient tool for both landlords and tenants in Poland. It offers flexibility and safeguards the rights of both parties in short-term rental scenarios. This makes it a popular choice for various purposes, from temporary accommodation to renting out properties to tourists or students.

For further questions, feel free to contact us at office@progressholding.pl.