The Role of Courts in Najem Okazjonalny

The Role of Courts in Najem Okazjonalny

The Najem Okazjonalny lease was introduced in Poland to make it easier for landlords to protect their rights, including removing non-compliant tenants. That doesn’t mean courts are excluded: their role remains important, but it differs from the traditional model.

Why the court is needed in Najem Okazjonalny

Even with a fast-track path to vacate the premises, courts still:

• Review legality. The court can hear a tenant’s complaint about unlawful actions by the landlord.
• Affix the enforcement clause. For compulsory eviction the court affixes an enforcement clause to the tenant’s notarial declaration of voluntary submission to enforcement; the bailiff then acts on that basis.
• Resolve disputes. Contract interpretation issues go to court.
• Prevent abuse. The court protects the tenant against unlawful eviction.

How the court participates in eviction

1. Termination. The landlord serves written notice of breach and termination of the Najem Okazjonalny lease.
2. Application to the court. The landlord applies for an enforcement clause on the tenant’s notarial declaration, enclosing the lease, required statements (including the substitute-address owner’s consent), the notice, and proof of service.
3. Enforcement clause issued. The court verifies the documents and affixes the clause; the enforceable title becomes an executory title.
4. Bailiff enforcement. The court bailiff executes the eviction and directs the tenant to the indicated address.

How the court’s role differs from a standard lease

Disputes most often reaching the court

• Tenant challenging the termination notice.
• Claims about damage and deposit retention.
• Disagreements over the deadline to vacate.
• Alleged breaches (e.g., misuse of the premises).

Benefits of court participation in Najem Okazjonalny

• Fair oversight of the eviction process.
• Transparency and legality of actions.
• Protection of both parties’ interests.
• Ability to appeal or challenge.

Tips for landlords

1. Keep copies of the lease, statements, notices, and correspondence.
2. Sign the lease with the full set of required statements before a notary (including the substitute-address owner’s consent).
3. When seeking the clause, prepare a complete file: lease, tenant’s notarial declaration, notice, and proof of service.

Tips for tenants

• Read the lease and statements carefully before signing.
• If you receive a termination notice, act within the legal framework and deadlines.
• If you disagree, use your right to challenge in court.

Conclusion

The court’s role in Najem Okazjonalny is to ensure legality and affix the enforcement clause, which speeds things up for landlords without stripping tenants of protection. It’s a balanced framework where the court acts as a safeguard for fairness.