How does eviction work under an occasional lease? Step by step

With an occasional lease (najem okazjonalny), the owner does not have to bring an eviction lawsuit. Once the agreement ends, they serve the tenant with a demand to vacate the premises, and if the tenant does not move out within the set deadline (at least 7 days), they apply to the court for an enforcement clause (klauzula wykonalności) to be attached to the tenant's notarial statement and refer the case to the bailiff (komornik). The procedure is governed by Art. 19d of the Act on the Protection of Tenants' Rights and by Articles 777 and 1046 of the Kodeks postępowania cywilnego – the Code of Civil Procedure.

Precondition: the agreement must be complete and notified

Simplified eviction only works if the agreement meets all the requirements of Art. 19a of the ustawa z dnia 21 czerwca 2001 r. o ochronie praw lokatorów – the Act of 21 June 2001 on the Protection of Tenants' Rights (Dz.U. z 2023 r. poz. 725), and the owner notified the head of the tax office (urząd skarbowy) within 14 days of the start of the tenancy. Without notification, Art. 19d does not apply (Art. 19b(3)), and recovering the premises requires an ordinary eviction lawsuit. We describe what can strip the agreement of this protection in the article when an occasional lease agreement is invalid.

Stage 1. The agreement ends

An occasional lease agreement expires at the end of the term for which it was concluded, or is terminated after the notice period (Art. 19d(1)). Because it is concluded for a fixed term, it can be terminated in the cases specified in the agreement (Art. 673 § 3 of the Civil Code). The Act also applies to the occasional lease the grounds in Art. 11(2) points 1–3 – notice given at least one month in advance, to the end of a calendar month, where the tenant:

• despite a written warning, uses the premises contrary to the agreement, damages them, or grossly or persistently breaches the house rules;
• is in arrears with rent or charges for at least three full payment periods, despite a written warning of the intention to terminate and an additional one-month deadline to pay;
• has let, sublet or lent the premises free of charge without the owner's written consent.

In addition, if the tenant has lost the possibility of living at the indicated address and has not indicated new premises within 21 days, the owner may terminate the agreement in writing with at least 7 days' notice (Art. 19d(5)). Notice should always be given in writing and state the reason.

Stage 2. Demand to vacate the premises

If the tenant has not moved out voluntarily, the owner serves them with a written demand to vacate the premises with an officially certified signature – in practice the signature is certified by a notary. From 5 November 2026, the maximum fee for such certification is 60 zł plus VAT (Dz.U. z 2026 r. poz. 1370). The demand must contain (Art. 19d(3)):

1. the identification of the owner and the tenant;
2. a reference to the occasional lease agreement and the reason the tenancy ended;
3. a deadline – no shorter than 7 days from service – by which the tenant and the people living with them must vacate the premises.

It is best to send the demand by registered post with acknowledgement of receipt: the application for the enforcement clause must be accompanied by proof of service or proof of sending by registered post.

Stage 3. Application for an enforcement clause

Once the deadline has passed without effect, the owner applies for an enforcement clause to be attached to the notarial deed containing the tenant's statement (Art. 19d(4)). The competent court is the district court (sąd rejonowy) of the debtor's general jurisdiction, which as a rule means the court for the tenant's place of residence (Art. 781 § 2 of the Code of Civil Procedure). The application must be accompanied by:

• the demand to vacate the premises with proof of service or posting;
• a document confirming the owner's legal title to the premises (e.g. an extract from the land and mortgage register);
• confirmation that the agreement was notified to the tax office;
• a certified copy of the notarial deed containing the tenant's statement.

The court fee is 50 zł (Art. 71 point 1 of the Act on Court Costs in Civil Cases). The court should examine the application without delay, no later than 3 days after it is filed (Art. 781¹ of the Code of Civil Procedure); the case may be handled by a court referendary. The court does not hold a hearing on whether the eviction is justified – it examines the documents.

Stage 4. Enforcement by the bailiff

With the enforceable title, the owner files an application with the bailiff attached to the court in whose district the premises are located (Art. 1046 § 1 of the Code of Civil Procedure). The fixed fee for an application to enforce the vacating of residential premises is 1500 zł (Art. 34(1) of the Act on Bailiff Costs). The bailiff first calls on the tenant to vacate the premises voluntarily by a set deadline, and once it has passed without effect, carries out the eviction:

• moves the tenant to premises to which they hold legal title and where they can live – with an occasional lease, these are the premises indicated in the agreement (Art. 1046 § 4 of the Code of Civil Procedure);
• if the debtor has no right to temporary accommodation and there is nowhere to move them, refers them to a night shelter, hostel or other facility designated by the municipality (gmina) (Art. 1046 § 5¹ of the Code of Civil Procedure); with a notified occasional lease there is no right to temporary accommodation (Art. 25d point 2 of the Act);
• hands the tenant's movable property that is not subject to enforcement over to the debtor or, if that is not possible, places it with a custodian at the debtor's expense (Art. 1046 § 9 of the Code of Civil Procedure).

How this differs from eviction under a standard lease

The key differences are summarised below; you will find a broader comparison of the two agreements in the article how an occasional lease differs from a standard lease agreement.

What the owner is not allowed to do

Self-help "eviction" – changing the locks, removing belongings or cutting off utilities – is not provided for by law. Persistently obstructing the use of occupied residential premises in order to force the occupant to behave in a particular way is an offence under Art. 191 § 1a of the Kodeks karny – the Criminal Code. Until they move out, a tenant who occupies the premises after the agreement has ended pays monthly compensation equal to the rent the owner could have received (Art. 18(1) and (2) of the Act).

How the tenant can defend themselves

• Complaint against the decision granting the clause (Art. 795 of the Code of Civil Procedure) – the deadline runs from service of the notice that enforcement has begun.
• Action opposing enforcement (Art. 840 of the Code of Civil Procedure) – where the tenant disputes the events on which the clause was based (e.g. the agreement was not validly terminated), or where, after the title arose, an event occurred as a result of which the obligation expired.
• Checking the notification – if the owner did not notify the tax office of the agreement, they cannot attach the confirmation to the application, and the Art. 19d procedure does not apply.

In a dispute it is worth getting help from a lawyer. The tenant can also agree a moving-out date with the owner – see what to do when the owner demands you move out early.

The effectiveness of the whole procedure depends on whether the statement from the owner of the indicated premises (what the market calls a "guarantee", poręczenie) is genuine and up to date. If you are a tenant and need such a document, our service offers statement options from 298 zł, including with a notarially certified signature – from 413 zł.

Frequently asked questions