
How to rent a flat under an occasional lease – step-by-step guide
A guide for tenants: from flat hunting and viewings, through negotiating and spotting scams, to the notary, the agreement and collecting the keys. Students included.
Short answer: to rent a flat under an occasional lease (najem okazjonalny), apart from finding a place and signing a written agreement, you must make a statement before a notary submitting to enforcement and indicate other premises where you will live if enforcement ever takes place, together with a statement from their owner. Below we walk you through the whole process: from browsing listings, through viewings and negotiations, to the formalities and collecting the keys.
The occasional lease in a nutshell
The occasional lease is governed by Chapter 2a of the ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego – the Act on the Protection of Tenants' Rights, the Municipal Housing Stock and Amendments to the Civil Code (consolidated text Dz.U. z 2023 r. poz. 725). The key rules:
- the landlord is a natural person who does not run a business renting out premises; the agreement is concluded for a fixed term of no more than 10 years (Art. 19a(1));
- the agreement and any amendments to it require written form, otherwise they are invalid (Art. 19a(6));
- attached to the agreement are the tenant's notarial deed, the indication of other premises and a statement from the owner of those premises consenting to the tenant moving in (Art. 19a(2));
- the deposit can be at most six times the monthly rent (Art. 19a(4));
- the owner notifies the tax office (urząd skarbowy) of the agreement within 14 days of the start of the tenancy (Art. 19b(1)).
If the flat is offered by a company that rents out property professionally, what applies is an institutional lease (najem instytucjonalny), not an occasional one.
Step 1. Set your budget and expectations
Count not just the rent but also usage-based charges, the deposit and the one-off cost of the formalities. In 2026, a notary may charge at most 480,60 zł net (591,14 zł including VAT) for the tenant's statement, plus the certified copies – you will find a full calculation in how much does an occasional lease cost in 2026. Also decide in advance how long you want to rent the flat for, because a fixed-term agreement cannot be terminated at will.
Step 2. Search listings and spot scams
You will find listings on property portals, at estate agencies and in social media groups. If the description mentions "najem okazjonalny", you know straight away which documents you will need. Be careful if you notice:
- a request for a down payment or deposit before viewing the flat or before signing the agreement;
- a price clearly lower than similar listings in the same area;
- no possibility of viewing the flat – e.g. "the owner is abroad and will send the keys by courier";
- photos that look like catalogue images, do not show the bathroom or kitchen, or appear in other listings (you can check this with a reverse image search);
- time pressure ("three people interested, decide today") and unusual payment methods;
- reluctance to show a document confirming the right to the flat or to sign a written agreement.
You can check the landlord's right to the flat yourself: if the flat has a land and mortgage register (księga wieczysta), you can view it free of charge in the Ministry of Justice's Electronic Land and Mortgage Registers system (ekw.ms.gov.pl) if you know the register number. The owner's details in Section II should match the ID of the person signing the agreement – or that person should hold a power of attorney.
Step 3. The viewing and meeting the landlord
Bring an identity document and a list of questions to the meeting. Landlords often ask about your source of income and who will be living in the flat – have your answers ready. During the viewing, check:
- the condition of the installations, windows and doors, and any damp or mould (especially in the bathroom and corners);
- that the appliances, heating and hot water work;
- the meter readings and how utilities are billed;
- the amount of the building management charges and what they cover;
- the rules on pets, smoking, guests and address registration;
- whether the landlord accepts your version of the statement from the owner of other premises and whether they require a notarially certified signature.
Take photos of any defects – they will come in handy for the handover report (protokół zdawczo-odbiorczy).
Step 4. Negotiate the terms
It is not just the rent that can be negotiated. With an occasional lease it is particularly worth agreeing on:
- the amount of the deposit – the Act only sets an upper limit;
- the rules for rent increases – the owner may raise the rent only on the terms set out in the agreement (Art. 19c(2)), so make sure there is a clear clause, or none at all;
- charges – apart from rent, the owner only charges fees outside their control, unless the agreement provides otherwise (Art. 19c(1));
- who pays the notary – the law does not settle this;
- the lease term and the possibility of early termination – especially if you do not know whether you will stay in the city for longer;
- furnishings, minor repairs before you move in and the possibility of subletting.
Good negotiating arguments include a longer lease term, readiness to sign quickly and having all your documents ready from the start.
Step 5. Get the statement from the owner of other premises
This is the document the market calls a "guarantee" (poręczenie) or an "address for the occasional lease". Legally, it is a statement by the owner of premises or a person holding legal title to premises consenting to the tenant and the people living with them moving in (Art. 19a(2)(3)). It is not a surety under Art. 876 of the Kodeks cywilny – the Civil Code: the person signing it is not liable for your debts. If the landlord requests it, the signature on the statement must be certified by a notary.
The statement is most often signed by a family member or friend. If you have no such person, you can order it through our service – you will find all the options, from 298 zł for the version with an ordinary signature to 433 zł for the version with a notarially certified signature and the address added later, in the documents section. We write about situations where the landlord waives this requirement in can you rent a flat without a guarantee.
Step 6. Check the agreement
Agree the final wording of the agreement before your notary visit. It should contain at least:
- the parties' details and a precise description of the premises;
- the lease term (start and end date);
- the rent, charges and payment deadlines – ideally by bank transfer to a specified account;
- the deposit and the rules for returning it (within one month of vacating the premises, Art. 19a(5));
- the cases in which the parties may terminate the agreement;
- a list of the attachments required by Art. 19a(2).
We discuss the full list of documents in the article what documents are needed for an occasional lease.
Step 7. The notary visit
At the notary's you make a statement in the form of a notarial deed in which you submit to enforcement and undertake to vacate and hand over the premises by the deadline set in the owner's demand (Art. 19a(2)(1)). Bring your identity document, the agreement or its draft, the address of the other premises and the statement from their owner. If you do not speak Polish, the notary will translate the deed themselves or with the help of an interpreter. The landlord does not have to be present, but it is a good idea for them to approve the wording of the deed in advance.
Step 8. Signing the agreement and collecting the keys
- Sign the agreement in writing (or with qualified electronic signatures) together with all the attachments.
- Draw up a handover report with the meter readings, furnishings and photos.
- Pay the deposit and rent by bank transfer with a description of the payment – it is the simplest proof of payment.
- Ask the landlord for confirmation that the agreement has been notified to the tax office – you are entitled to request it (Art. 19b(2)).
- Register your address if you plan to live in the flat for longer – we explain the rules in our guide how to register in a rented flat.
Occasional lease for students
Students conclude an occasional lease on the same terms as other tenants. A few practical points:
- the statement consenting to you moving in can be signed, for example, by your parents if they own premises or have another legal title to them;
- if several people are renting the flat, each of them as a tenant should make their own statement before a notary – see an occasional lease agreement for several people;
- match the lease term to the academic year and agree in advance what will happen over the summer holidays;
- if the landlord expects additional security for the rent, this can be a genuine surety from a parent for your debts under Art. 876 of the Civil Code – this is a separate document that requires written form and does not replace the statement under Art. 19a.
The most common tenant mistakes
- paying money before viewing the flat and checking the landlord's right to it;
- signing the agreement without a handover report;
- leaving a general clause on rent increases with no limits in the agreement;
- finding out too late whether the landlord requires a statement with a notarially certified signature;
- failing to provide a new address within 21 days when the premises in the statement are no longer available – this can lead to termination of the agreement with seven days' notice (Art. 19a(3) and Art. 19d(5)).
Frequently asked questions
Can the landlord insist on an occasional lease?
Yes. It is the landlord who proposes the form of the agreement. If an occasional lease does not suit you, you can negotiate or look for another flat.
Can I rent a flat on an occasional lease without a statement from the owner of other premises?
No – it is a mandatory attachment (Art. 19a(2)(3)). If there is no one you can ask, you can use a statement prepared by a specialised service or look for a landlord who will agree to a standard lease agreement.
Can the landlord enter the flat without my consent?
As a rule, no. The provisions that also apply to the occasional lease (Art. 10(1)–(3) in conjunction with Art. 19e) provide that, at a time agreed in advance, you give access to the premises for periodic inspection or necessary works. Without an agreement, the owner may enter only in the event of a breakdown threatening damage when you are absent or refuse access – and then only in the presence of the police or municipal guard.
How long does the whole process take?
The law sets no waiting period. If you have the statement from the owner of other premises and a notary appointment, the agreement and the deed can be signed on the same day.
What happens after the agreement ends?
The agreement expires at the end of the term for which it was concluded. If the tenant does not vacate the premises, the owner serves them with a demand giving at least 7 days, and can then apply to the court for an enforcement clause for the notarial deed (Art. 19d).
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