Is a notary required for an occasional lease in Poland?

Short answer: the occasional lease (najem okazjonalny) agreement itself does not have to be signed at a notary – written form is enough, and it is required on pain of invalidity. A notary is, however, essential for one attachment: the tenant's statement submitting to enforcement, which must take the form of a notarial deed. Without it, the landlord loses the simplified route to recovering the premises – the very reason for choosing an occasional lease in the first place.

What requires a notary and what does not

The rules come from Art. 19a of the ustawa z dnia 21 czerwca 2001 r. o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego – the Act of 21 June 2001 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 provision lists the documents that are "in particular" attached to the agreement, and each of them has a different form:

Why the tenant's notarial deed is needed

A notarial deed in which the debtor has submitted to enforcement of an obligation to hand over property, stating the date or event on which performance depends, is an enforceable title (Art. 777 § 1 point 4 of the Kodeks postępowania cywilnego – the Code of Civil Procedure, consolidated text Dz.U. z 2026 r. poz. 468). With an occasional lease, the tenant undertakes in it to vacate and hand over the premises by the deadline set in the owner's demand.

Thanks to this, once the agreement expires or is terminated, the landlord does not have to bring an eviction lawsuit. The procedure under Art. 19d of the Act looks like this:

1. the owner serves the tenant with a written demand to vacate the premises, with an officially certified signature and a deadline of no less than 7 days from service;
2. once the deadline has passed without effect, they apply to the court for an enforcement clause to be attached to the notarial deed, enclosing the demand with proof of service or posting by registered mail, a document confirming legal title to the premises and confirmation that the agreement was notified to the tax office (urząd skarbowy);
3. with the enforceable title, they can turn to the bailiff (komornik).

We describe this stage in detail in the article on the eviction procedure under an occasional lease.

The "guarantee" and the notary – what the law really requires

On the market, the statement from the owner of other premises is commonly called a "guarantee" (poręczenie) or an "address for the occasional lease". Legally, it is not a surety within the meaning of Art. 876 of the Kodeks cywilny – the Civil Code: the person who signs it is not liable for the tenant's rent or other debts. They merely consent to the tenant and the people living with them moving into the indicated premises should the obligation to vacate the rented flat be enforced.

Under Art. 19a(2)(3), if the landlord requests it, this statement is attached to the agreement with a notarially certified signature. In that case the notary does not draw up a deed, but only confirms that the signature was made by a specific person, which requires that person to attend in person. Outside Poland, such a signature can be certified by a Polish consul (Art. 28 of the Prawo konsularne – the Consular Law, consolidated text Dz.U. z 2026 r. poz. 711). If the landlord makes no such request, a statement with a handwritten signature is enough. We write more about the document itself in what is a guarantee for an occasional lease.

Who has to go to the notary

• The tenant – always, because it is the tenant who makes the statement in the form of a deed. If there are several tenants, each should make their own statement so that the enforceable title covers all of them (see an occasional lease agreement for two people).
• The landlord – the law does not require them to be present, because the deed contains the tenant's unilateral statement. It is a good idea, however, for them to approve the wording of the deed before the visit.
• The owner of the other premises – only if their signature is to be notarially certified.

You can choose any notary's office – the parties are free to choose the notary, and the fee (within the maximum rates) can be negotiated.

What happens at the notary's

1. Agreeing the wording. The office prepares a draft deed based on the tenant's and landlord's details, the address of the rented flat, the details of the agreement and the address of the other premises. It is best to send the final text of the agreement before the visit.
2. Establishing identity. The notary must establish the identity of the people taking part in the act, as a rule on the basis of an identity document (Art. 85 of the Prawo o notariacie – the Notaries Act, consolidated text Dz.U. z 2026 r. poz. 614).
3. Reading the deed. Before signing, the deed is read aloud, and the notary makes sure that the person appearing understands its content and meaning (Art. 94 § 1). If the tenant does not speak Polish, an interpreter is needed (Art. 87 § 1 point 1).
4. Signature and copies. The original deed stays at the notary's office, and the parties receive certified copies (wypisy), which have the same legal force as the original (Art. 109).

Lost your copy – what then?

Because the original deed is kept by the notary, losing a copy can be remedied. Further copies are issued to the parties to the deed and to persons for whom the deed reserves the right to receive them (Art. 110 § 1 of the Notaries Act). That is why it is worth having the deed name the landlord as a person entitled to copies. The notary can also issue an electronic copy bearing a qualified electronic signature and placed in the Central Repository of Electronic Copies of Notarial Deeds (Art. 110a).

A notary does not replace notification to the tax office

A notary does not "register" the lease agreement. That obligation lies with the owner: they notify the head of the tax office competent for their place of residence of the conclusion of the agreement within 14 days of the start of the tenancy (Art. 19b(1)). If they fail to do so, Articles 19c and 19d do not apply, and therefore neither does the simplified procedure for vacating the premises (Art. 19b(3)). The tenant can ask to see the confirmation of notification (Art. 19b(2)).

How much a notary costs

The notary's fee for the tenant's statement may not exceed 1/10 of the minimum wage (Art. 19a(7)). In 2026 the minimum wage is 4806 zł, so the maximum rate is 480,60 zł net, i.e. 591,14 zł including the 23% VAT that notaries add to their fee. On top of that come the copies and, if applicable, the signature certification – higher maximum rates apply to these from 5 November 2026. You will find the full calculation in the article how much does an occasional lease cost in 2026.

If the landlord expects a statement with a notarially certified signature and there is no one you can ask, you can order a guarantee with a notarially certified signature for 413 zł. Then the only person who needs to visit a notary is you – for your own statement.

Frequently asked questions