How to terminate a Najem Okazjonalny lease early

How to terminate a Najem Okazjonalny lease early

In Poland, a Najem Okazjonalny lease is a stricter form of tenancy than a standard lease. It is notarised, includes an address-guarantor statement, and offers enhanced protection to the landlord. Still, situations arise where either party needs to end the lease early. Here’s what rules apply and which steps to take.

Is early termination possible?

Yes, but only in cases expressly provided for in the lease or where there are material breaches. Compared with a regular lease, there is less flexibility and a more formalised procedure.

Grounds for early termination

For the tenant

• Serious defects in the flat (e.g., unsafe condition, no heating or water).
• Landlord’s breach of contract (e.g., unlawful rent increase, entering without consent).
• A clause allowing termination with notice specified in the contract.

For the landlord

• Late or missing rent payments.
• House-rule violations (damage, neighbour complaints, illegal subletting).
• Use of the flat contrary to its intended purpose.

Step-by-step procedure

1. Check the lease. Locate the provisions on early termination.
2. Prepare written notice. It must be in writing and state the reasons.
3. Seek agreement with the other party. Mutual consent often resolves the matter.
4. Sign a termination agreement. Record the move-out date and deposit-return terms.
5. Complete a handover report. Document the flat’s condition when returning it.

Specifics of Najem Okazjonalny

Early termination is harder because:

• the lease has notarial form and requires strict compliance,
• the guarantor arrangement applies for the whole term,
• the landlord can initiate an expedited eviction relying on the tenant’s notarial submission to enforcement.

Possible consequences

• For the tenant: loss of deposit, contractual penalties, difficulties renting again.
• For the landlord: vacancy downtime, legal costs if a dispute arises.

How to minimise risks

To avoid problems, it’s wise to:

• include a contractual option for early termination with notice,
• keep all communications in writing as evidence,
• seek an amicable solution — offer compensation or a replacement tenant,
• engage a lawyer or mediator if needed.

FAQ

Conclusion

Early termination of a Najem Okazjonalny lease is possible but more complex than with a regular lease. Both parties must strictly follow the contract and the law. The best path is an amicable, written agreement; otherwise the dispute may end up in court and generate extra costs.