Occasional Lease for Two People in Poland – How to Sign One

Yes. An occasional lease (najem okazjonalny) can be concluded with two (or more) tenants – for example a couple, spouses or friends. Each tenant signs the agreement and makes their own notarial statement of submission to enforcement, and the property named for the event of eviction can be shared, provided its owner consents to both people living there.

Two tenants under the law

The Act 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) does not limit the number of tenants in an occasional lease agreement. However, Art. 19a(2) requires the following to be attached to the agreement:

1. the tenant's statement in the form of a notarial deed, in which they submit to enforcement and undertake to vacate the flat,
2. the tenant's indication of another property where they will live in the event of enforcement,
3. a statement by the owner of that property (or a person with legal title to it) consenting to the tenant and the people living with them moving in there; at the landlord's request, with a notarially certified signature.

Since each co-tenant is a party to the agreement, the landlord needs an enforceable title against each of them. That is why, in practice, both tenants make the statement of submission to enforcement – in one notarial deed or in two. The statutory cap on the notary's fee for such a statement is 1/10 of the minimum wage (Art. 19a(7)), i.e. 480.60 zł net in 2026.

Does each tenant need a separate "guarantee"?

What the market calls a "guarantee" (poręczenie) or an "address for the occasional lease" is, in the Act, a statement by the owner of another property (oświadczenie właściciela) consenting to the tenant living there. The law does not require two separate documents. There are two possible options:

• One shared property – the statement names both tenants in full. This is the most common solution for couples.
• Two different properties – each tenant gives their own address and presents a separate statement. This works for friends or flatmates who will not live together once the lease ends.

It is important that the statement covers everyone who will be a tenant – the wording "the tenant and the people living with them" also protects household members, but the landlord may expect each co-tenant to be named expressly. On our website the statement is available, among other options, in the version with a given address for 298 zł; you will find the other options in the documents section.

A co-tenant vs a person who just lives with the tenant

Joint and several liability – what to put in the agreement

Under Art. 369 of the Civil Code (Kodeks cywilny, consolidated text Dz.U. z 2026 r. poz. 795), an obligation is joint and several if this follows from statute or from a legal transaction. The safest course is therefore to state in the agreement that the tenants are jointly and severally liable for rent, charges and any damage. The landlord can then demand the full amount from either of them, and settling up between the tenants is their own internal matter.

If you want a different split – for example each of you paying half the rent directly to the owner – that too must be clearly written down. Remember, though, that regardless of the agreement, adults permanently living with the tenant are jointly and severally liable with them for rent and charges for the period they live there (Art. 688¹ of the Civil Code).

Spouses and couples

Spouses are both tenants of a flat regardless of their matrimonial property regime if the lease of a flat meeting their family's housing needs was entered into during the marriage (Art. 680¹ § 1 of the Civil Code). In practice this means that if only one spouse signs the agreement, the other becomes a co-tenant anyway – but without having made their own notarial statement. That is why, under an occasional lease, both spouses should sign the agreement and make the statement of submission to enforcement.

Unmarried partners do not automatically become co-tenants. If only one person signs the agreement, the other is a person living with them, not a party to the agreement.

When one of the tenants wants to move out

An occasional lease is concluded for a fixed term, so one co-tenant cannot simply "sign out" of the agreement. Changing who the tenants are is an amendment to the agreement, which requires the landlord's consent and written form on pain of invalidity (Art. 19a(6)). Most often an annex or a new agreement with the remaining tenant is signed. We describe the other options in our article on whether an occasional lease can be ended early.

In the event of a serious conflict, the Act also provides that a co-occupant may bring an action to evict another co-occupant if that person's grossly reprehensible conduct makes living together impossible (Art. 13(2), applied to an occasional lease by virtue of Art. 19e).

Checklist for an agreement with two tenants

• Full details of both tenants and both their signatures on the agreement.
• A notarial statement of submission to enforcement from each tenant.
• The property (or properties) named for the event of eviction and an owner's statement covering both tenants.
• A clause on joint and several liability or a clear split of payments.
• Rules for one tenant terminating the agreement and for changing who the tenants are.
• The amount of the deposit – no more than six times the monthly rent (Art. 19a(4)) – and how it will be returned.
• The owner reporting the agreement to the tax office (urząd skarbowy) within 14 days of the start of the lease (Art. 19b(1)).

You will find a full list of the attachments in our article which documents you need for an occasional lease.

Frequently asked questions