Is a Notary Required When Signing a Najem Okazjonalny Lease

Is a notary required when signing a Najem Okazjonalny lease

With Najem Okazjonalny a common question is whether the lease itself must be signed before a notary. The key distinction is: you may sign the lease agreement in simple written form, but to benefit from the special fast-track regime of Najem Okazjonalny, specific notarial documents are mandatory.

Why a notary is needed for Najem Okazjonalny

• Legal force for statements. The tenant’s notarial deed of voluntary submission to enforcement enables faster eviction if needed.
• Correctness check. The notary verifies identities and ensures the required statements comply with the law.
• Protection of both parties. They explain legal effects and prevent formal mistakes.
• Faster enforcement. With notarial form the court can affix an enforcement clause and the bailiff can act promptly.

Can you do Najem Okazjonalny without a notary

You can sign the lease without a notary. However, without the tenant’s notarial deed (submission to enforcement) and the substitute-address owner’s consent with a notarised signature, the arrangement won’t enjoy the Najem Okazjonalny benefits — it becomes a standard lease with no fast-track eviction.

Which documents are executed before a notary

1. Tenant’s notarial deed submitting to enforcement regarding vacating the premises.
2. Statement by the owner (or entitled person) of the substitute address consenting to the tenant’s stay — with a notarised signature.
3. Indication of the address to which the tenant undertakes to move out.
4. Identity documents of the parties (ID/passport; for foreigners, residence card if applicable).

The notary’s role for the landlord

• Practical assurance of regaining the flat more quickly in case of breach.
• Fewer formal risks and disputes over document validity.
• Access to the simplified enforcement route once the court affixes the enforcement clause.

The notary’s role for the tenant

• Clarity of terms and proper formalities.
• Confidence that provisions comply with the law and respect tenant rights.
• Lower risk of disputes caused by formal errors.

FAQ

Conclusion

A notary is essential for the notarial documents that create the Najem Okazjonalny regime (above all, the tenant’s deed). Without them, the lease loses the regime’s benefits and functions as a standard lease. Getting the notarial form right protects both sides and makes enforcement straightforward if a dispute arises.