Can You End an Occasional Lease Early in Poland?

Yes, but not at will. An occasional lease (najem okazjonalny) agreement is always concluded for a fixed term, so it can be ended early only by mutual agreement, by giving notice in situations written into the agreement, or for reasons set out in the law. Simply "I want to move out" or "I need the flat back" is not enough.

Why an occasional lease cannot "just" be terminated

Under Art. 19a(1) of the Act of 21 June 2001 on the Protection of Tenants' Rights, Municipal Housing Stock and Amendment of the Civil Code (ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego, consolidated text Dz.U. z 2023 r. poz. 725), an occasional lease is a lease of a residential flat concluded for a fixed term of no more than 10 years by an owner who is a natural person and does not run a business renting out flats. The agreement expires when that term ends or terminates when the notice period ends (Art. 19d(1)).

Fixed-term agreements are governed by Art. 673 § 3 of the Civil Code (Kodeks cywilny, consolidated text Dz.U. z 2026 r. poz. 795): both the landlord and the tenant may terminate the lease in the cases specified in the agreement. If the agreement does not provide for any such cases, neither party can terminate it just because their plans have changed. What remains is mutual agreement or the statutory grounds for termination described below.

Ways to end the agreement early

Mutual agreement

This is the simplest and most common solution. The parties can agree at any time that the agreement will end earlier. It is worth putting this in writing, signed by all parties to the lease, stating the end date of the lease, the date for handing over the flat and keys, the settlement of rent and utilities and how the deposit will be returned. The Act requires written form on pain of invalidity for the occasional lease agreement itself and any amendments to it (Art. 19a(6)), so a written agreement to terminate is also the safest option in terms of evidence.

Notice provided for in the agreement

If the agreement contains a clause such as "either party may terminate the agreement with two months' notice in the event of…", you simply rely on it. The reasons should be described specifically, for example the tenant's job moving to another town or arrears in payments above a stated amount. Give notice in writing and keep proof of delivery.

Statutory grounds for the owner

Art. 19e of the Act excludes most tenant-protection provisions from applying to an occasional lease, but keeps Art. 11(2)(1)–(3). The owner may therefore terminate the agreement with one month's notice, effective at the end of a calendar month, if the tenant:

• despite a written warning, uses the flat contrary to the agreement or its intended purpose, damages it, or grossly or persistently breaches the house rules,
• is in arrears with rent or charges for at least three full payment periods – and only after being warned in writing of the intention to terminate and given an additional one-month deadline to pay,
• has let, sublet or lent the flat (or part of it) for free use without the owner's required written consent.

A separate ground is Art. 19d(5): if the tenant loses the right to live at the address given in the agreement and, within 21 days of learning of this, fails to provide a new property together with its owner's statement, the landlord may terminate the agreement in writing with a notice period of at least seven days.

You need to move out early – what to do step by step

The most common reasons are a new job, studies or a move to another city. In that situation, proceed in this order:

1. Read the agreement. Check whether it allows the tenant to give notice and in what cases, and what the notice period is.
2. Talk to the owner as early as possible. The more time they have to find a new tenant, the easier it is to get their consent to ending the agreement early.
3. Propose specific terms. For example, a move-out date, paying rent up to that day or help finding a replacement tenant. Remember that a new tenant does not automatically "take over" your agreement – they must conclude their own agreement with a full set of attachments.
4. Put the agreement to terminate in writing. Without it, the lease remains in force, and with it the obligation to pay rent until the end of the term.
5. Hand over the flat with a handover report. Describe the condition of the flat, the meter readings and the keys handed over; take photos.
6. Settle the deposit. Under an occasional lease the deposit must be returned within one month of vacating the flat, after deducting amounts owed to the owner (Art. 19a(5)). If the return is delayed, see what to do when the owner does not return your deposit.

If you are renting under an occasional lease again in your new city, you will need a new set of documents: a notarial statement of submission to enforcement, an address in case of eviction and a statement by the owner of that property. We give the full list in our article on which documents you need for an occasional lease.

When it is the owner who wants to end the agreement early

Selling the flat, wanting family to move in or finding a tenant willing to pay more are not in themselves grounds for terminating a fixed-term agreement, unless the agreement expressly provides for such a case. On a sale, the buyer steps into the lease (Art. 678 § 1 of the Civil Code), and the rules allowing a buyer to terminate a lease do not apply to residential premises once the tenant has taken possession (Art. 692 of the Civil Code). We write more about defending yourself against such a demand in our article what to do when the owner demands you move out early.

Checklist before signing the agreement

Most disputes over ending a lease early stem from agreements that make no provision for termination at all. Before you sign, check that the agreement:

• lists specific situations in which either party may terminate it,
• sets the notice period and the (written) form of notice,
• covers settlement of the deposit, utilities and the condition of the flat if the lease ends early,
• does not contain contractual penalties at a level you cannot accept.

If you are still putting your documents together and do not have your own address in case of eviction, you can use our statement by the owner of another property (oświadczenie właściciela) – which the market calls a "guarantee" (poręczenie) for an occasional lease.

Frequently asked questions