What documents do you need for an occasional lease in Poland?

Short answer: for an occasional lease (najem okazjonalny) you need an agreement concluded in writing and three attachments: a notarial deed in which the tenant submits to enforcement, the indication of other premises where the tenant will be able to live, and a statement from the owner of those premises consenting to the tenant moving in. Once the tenancy has started, the landlord must also notify the tax office (urząd skarbowy) of the agreement and keep the confirmation.

Documents required by the Act

The list comes from Art. 19a(2) 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 Act uses the phrase "in particular", so the parties can attach more documents, but these three must not be missing.

In listings and conversations, the statement from the owner of other premises listed in the table is called a "guarantee" (poręczenie) or an "address for the occasional lease". It is not, however, a surety under the Kodeks cywilny – the Civil Code: the person signing it is not liable for the tenant's rent, but merely agrees that the tenant may live with them if enforcement ever takes place.

What the statement from the owner of other premises should contain

The Act does not provide a template, but Art. 19a(2)(3) makes clear what it must state. In practice, the statement should contain:

• the details of the person making the statement (first name, surname, identity document details) and whether they own the premises or have another legal title to them;
• the exact address of the premises where the tenant will be able to live;
• the tenant's details and, if other people are to live with them, wording that also covers the people living with the tenant;
• express consent to the tenant living in those premises if the obligation to vacate the rented flat is enforced;
• the date and signature – handwritten, or certified by a notary if the landlord has requested it.

The Act does not require an extract from the land and mortgage register (księga wieczysta) for the premises indicated in the statement to be attached, but the landlord may ask for one. If the premises have several co-owners, it is safer for all of them to sign the statement – the law does not settle this expressly, but it makes later enforcement easier.

What to bring to the notary

The tenant goes to the notary's office to make the statement in the form of a notarial deed. Prepare:

• a valid identity document – an ID card or, for a foreigner, a passport or residence card (the notary must establish your identity, Art. 85 of the Prawo o notariacie – the Notaries Act);
• the landlord's details and the address of the rented flat;
• the lease agreement or its agreed draft, with the date of conclusion and the lease term;
• the address of the other premises and the signed statement from their owner;
• if you do not speak Polish – let the office know that an interpreter will be needed (Art. 87 § 1 point 1).

It is worth sending these details to the office a few days in advance so that the draft deed is ready for your visit. We write more about the notary's role in is a notary required for an occasional lease, and about the situation of people from abroad in our guide guarantees for foreigners.

Documents the landlord needs

The owner should keep to hand the documents without which they cannot carry out the procedure under Art. 19d. The application for an enforcement clause must be accompanied by:

1. the demand to vacate the premises with proof of service on the tenant or of posting by registered mail;
2. a document confirming legal title to the rented premises (e.g. an extract from the land and mortgage register or the deed of acquisition);
3. confirmation that the agreement was notified to the tax office.

Without notification within 14 days of the start of the tenancy, Articles 19c and 19d do not apply (Art. 19b(3)). The tenant has the right to request to see the confirmation of notification (Art. 19b(2)).

Optional but useful documents

• Handover report (protokół zdawczo-odbiorczy) with meter readings, furnishings and photos – the basis for settling the deposit.
• Proof of deposit payment. The deposit may not exceed six times the monthly rent and must be returned within one month of the premises being vacated, after deducting any amounts due (Art. 19a(4)–(5)).
• A list of charges. Apart from rent, the owner only charges fees outside their control, unless the agreement provides otherwise (Art. 19c(1)) – it is worth listing them in the agreement.

When the address in the statement is no longer valid

If the tenant loses the possibility of living in the indicated premises (e.g. the owner sells them), they have 21 days from learning of this to indicate other premises and provide a new statement from their owner (Art. 19a(3)). Otherwise the landlord may terminate the agreement in writing with at least seven days' notice (Art. 19d(5)).

How to keep the documents

• Each party should have a copy of the agreement with all the attachments; the original statement from the owner of the other premises and the certified copy of the notarial deed are needed above all by the landlord.
• Scan the whole set and keep the scans somewhere safe outside the rented flat.
• A lost certified copy of the deed can be replaced – the original is kept by the notary, who issues further copies to the parties to the deed and to persons named in it (Art. 110 § 1 of the Notaries Act).
• Keep the documents at least until the deposit and all amounts due have been settled after the tenancy ends.

Checklist before signing the agreement

• a written agreement for a fixed term, stating the rent, charges and deposit;
• a certified copy of the notarial deed with each tenant's statement;
• the address of the other premises entered in the agreement or an attachment;
• the statement from the owner of those premises – with a notarially certified signature if the landlord requires it;
• the handover report;
• the deadline for notifying the tax office entered in the landlord's calendar.

If all you are missing is the statement from the owner of other premises, you can compare the options available in the occasional lease documents section – from the version with an ordinary signature to the version with a notarially certified signature.

Frequently asked questions