Occasional Lease vs Standard Lease in Poland – Key Differences

An occasional lease (najem okazjonalny) is a lease agreement with three attachments and a notification to the tax office (urząd skarbowy). Thanks to them, the owner can recover the flat without an eviction lawsuit – on the basis of the tenant's notarial statement and an enforcement clause granted by the court. In return, the tenant gives up some of the protection that the Tenants' Rights Protection Act (ustawa o ochronie praw lokatorów) provides under a standard lease, including the right to social housing and protection against eviction in winter.

The key differences in one table

Termination and the end of the agreement

Under a standard lease, the owner can terminate the agreement only for the reasons listed in Art. 11 of the Act, e.g. when the tenant, despite a written warning, grossly breaches the house rules, or is in arrears with rent for at least three full payment periods and has not paid within an additional one-month deadline. Notice must be in writing and state the reason.

An occasional lease agreement, being concluded for a fixed term, expires when the term ends or can be terminated in the cases provided for in the agreement (Art. 673 § 3 of the Civil Code (Kodeks cywilny)). The Act also applies to it the grounds in Art. 11(2)(1)–(3) (nuisance behaviour, arrears, subletting without consent), so it is worth writing them into the agreement expressly. In addition, the owner may terminate the agreement with 7 days' notice if the tenant has lost the possibility of living at the named address and has not provided a new one within 21 days (Art. 19d(5)). We discuss ending the agreement early from both parties' perspectives in our article can an occasional lease be ended early.

The biggest difference arises when the tenant does not move out. Under a standard lease, the owner must bring an eviction lawsuit. Under an occasional lease, they serve a demand to vacate the flat and, once the deadline (at least 7 days) has passed without effect, apply for an enforcement clause to be attached to the notarial deed. We describe the next stages in our article how eviction works under an occasional lease.

Pros and cons for the landlord

• Pros: a faster route to recovering the flat without a lawsuit, no obligation to provide social housing and no winter protection, rent increased according to the rules in the agreement rather than Art. 8a.
• Cons: a lower deposit cap, the obligation to report the agreement within 14 days (without it the protection is lost), the cost of an officially certified signature on the demand to vacate, and the fact that this form is not available to a company or to anyone letting as part of a business.

Pros and cons for the tenant

• Pros: being willing to sign such an agreement widens your choice of flats, because some owners let only in this form; the deposit cannot exceed six times the rent; the rent cannot go up other than as set out in the agreement; besides rent, the owner charges only fees outside their control, unless the agreement provides otherwise.
• Cons: the cost and formalities at the notary, the need to find someone willing to take the tenant in at their address, no right to social housing or temporary accommodation, and no protection against eviction in winter.

How a tenant can protect their rights

1. Ask for confirmation that the agreement has been reported to the tax office – the owner is obliged to show it to you (Art. 19b(2)).
2. Check that the deposit does not exceed six times the rent and that the agreement sets out how it will be returned (within one month of vacating the flat).
3. Pay attention to the clauses on rent increases and additional charges – what is written in the agreement applies.
4. Pay by bank transfer and keep the confirmations; sign every amendment to the agreement in writing, because otherwise it is invalid.
5. If you lose the possibility of living at the named address, name a new property within 21 days and provide a statement from its owner.
6. Owner's visits: apart from emergencies, the tenant makes the flat available at a time agreed in advance (Art. 10(3), which also applies to an occasional lease).

What about no agreement at all?

A lease "on a handshake" is risky for both parties. Without a written agreement it is hard to prove the amount of rent, the deposit paid or the agreed term, and an agreement for more than one year concluded without written form is treated as concluded for an indefinite term. The owner then loses the option of an occasional lease, and the tenant loses easy proof of their rights, e.g. in a dispute over the return of the deposit (see what to do when the owner does not return your deposit).

Which agreement should you choose?

• Occasional lease – when you let privately (not as part of a rental business), you want a predictable way of recovering the flat, and the tenant is able to name an address and make a statement before a notary.
• Standard lease agreement – when both parties accept full tenant protection, the lease is short, or the tenant has no way of naming another property.
• Institutional lease (najem instytucjonalny) – when you let as part of a business; we describe the differences in our article occasional vs institutional lease.

If, as a tenant, you need a statement by the owner of another property (oświadczenie właściciela) – which the market calls a "guarantee" (poręczenie) or an "address for the occasional lease" – you will find several versions of this document on our website, from 298 zł.

Frequently asked questions