Can you change the terms of a Najem Okazjonalny lease in Poland?

Can you change the terms of a Najem Okazjonalny lease

In Poland, a Najem Okazjonalny lease is a strict, notarised form of tenancy. It offers the landlord enhanced legal protection and imposes limits on the tenant. A common question on both sides is whether the lease terms can be changed after signing.

General rules

Yes — terms can be amended, but only with the mutual consent of both parties. Because the lease is notarised and includes mandatory attachments (the designated move-out address statement / “address guarantee”), any changes must be in writing. In some cases, re-notarisation is required.

Clauses most often amended

• Rent amount. May be increased or reduced.
• Term of the lease. Extensions or early end by agreement.
• Utilities and charges. Reallocating who pays for what.
• Use rules. E.g., permission/ban on subletting, pets.

How to amend correctly

1. Discuss the changes. They must suit both sides.
2. Draft an addendum. This records the new terms.
3. Sign the document. Landlord and tenant both sign.
4. Notarisation. If core items change (term, “guarantee”/address), book a notary.

When a notary is mandatory

For Najem Okazjonalny, the following are mandatory:

• the tenant’s notarial submission to enforcement (voluntary move-out statement),
• the owner’s statement for the designated move-out address (the address “guarantee”).

If amendments affect these (e.g., a different address or owner), fresh notarisation is required. For other provisions (like rent amount) a written addendum suffices.

Risks of verbal agreements

• Verbal changes have no legal force.
• In disputes, courts rely on the written lease and official attachments only.
• Lack of proof can mean losing the deposit or disputes over timing.

FAQ

Conclusion

You can amend a Najem Okazjonalny lease, but only by mutual agreement and in writing. Material changes require notarisation. To avoid conflict, always formalise addenda and keep them with the lease.