How a Landlord Files for Eviction under Najem Okazjonalny

How a landlord files for eviction under Najem Okazjonalny

Najem Okazjonalny was designed to streamline evictions when tenants breach the lease. Unlike a standard lease, it enables a fast-track path based on notarial documents — provided you follow each step correctly.

When the landlord may file

• Late payments. Persistent arrears in rent or utilities.
• House rules violations. Noise, smoking, pets without consent, disorderly conduct.
• Unauthorised subletting. Letting the flat to third parties without consent.
• Damage to property. Material damage to the unit or furnishings.
• Holding over. Failure to vacate upon lease expiry.

Eviction filing — step by step

1. Document the breach. Collect evidence: correspondence, photos, inspection notes, neighbours’ statements.
2. Serve notice on the tenant. A written warning/termination with a deadline to cure or vacate.
3. Apply to the court for an enforcement clause. Based on the tenant’s notarial submission to enforcement (part of the Najem Okazjonalny package), the court issues an enforcement clause on the notarial deed.
4. File with the bailiff. With the enforceable title (notarial deed + court clause), ask the bailiff to commence eviction.
5. Execution. The bailiff sets a voluntary move-out date and, if ignored, performs compulsory eviction.

Roles of the notary, court and bailiff

Under Najem Okazjonalny the tenant signs before a notary a statement submitting to enforcement. The court then grants an enforcement clause on that deed, avoiding a full eviction lawsuit. The bailiff executes eviction on the basis of that enforceable title.

Tips for landlords

• Keep payment records and written communications — they are key evidence.
• Do not delay the court application and bailiff filing once the breach is clear.
• Follow the lease and the law precisely to minimise counterclaims.
• Engage a lawyer for complex cases.

FAQ

Conclusion

Filing for eviction under Najem Okazjonalny is a simplified legal path safeguarding the landlord’s rights. The essentials are: the tenant’s notarial statement, the court’s enforcement clause, and a timely application to the bailiff. Proceed step by step — and involve counsel when needed — to protect your interests effectively.