by REAL KRK
An occasional rental agreement is a special type of lease for residential premises regulated in Poland under the Tenant Protection Act. It provides property owners with additional safeguards. Concluding such an agreement requires meeting certain formal requirements. Below is a step-by-step guide to the occasional rental agreement process:
1. Drafting the Occasional Rental Agreement
The occasional rental agreement must be in writing and include the following:
- Identification of the parties (landlord and tenant),
- A detailed description of the rented premises,
- Specification of the rent amount and any additional fees payable by the tenant,
- The duration of the lease (an occasional rental agreement can be concluded for up to 10 years),
- Terms for termination of the agreement and the procedure for returning the deposit,
- Information on the rights and obligations of both parties.
2. Attachments to the Agreement
For the occasional rental agreement to be valid, the following documents are required:
- Tenant’s statement in the form of a notarial deed: The tenant must declare before a notary that, in the event of lease termination, they will voluntarily vacate the property and submit to enforcement.
- Statement consenting to the tenant’s relocation to another property: The tenant must specify an alternative address where they will move in case of lease termination. The landlord must receive a written statement from the person legally entitled to the alternative property, confirming their consent to accommodate the tenant after the lease ends.
- Signed occasional rental agreement in a civil-law format: The occasional rental agreement becomes effective only after signing the document as a notarial deed in a notary’s office. The civil-law version of the agreement serves as an annex to the notarial deed.
3. Reporting the Agreement to the Tax Office
The property owner is required to report the occasional rental agreement to the tax office within 14 days from the start date of the lease. Failure to comply results in the agreement losing its occasional rental status, granting the tenant greater legal protections.
4. Tenant’s Security Deposit
As part of the occasional rental agreement, the landlord may request a security deposit from the tenant to cover potential claims, such as repair costs for property damage or unpaid rent. The deposit cannot exceed six months’ rent and must be returned at the end of the lease, provided there are no outstanding debts or damages.
5. Termination of the Agreement
If the agreement is terminated and the tenant does not voluntarily vacate the premises, the landlord can initiate an eviction procedure based on the tenant’s notarial statement of voluntary submission to enforcement. This bypasses the standard court procedure, significantly expediting the process.
For non-Polish speakers, it will be necessary to arrange for a sworn translator who will translate the agreement and all its attachments for you in the presence of a notary. At REAL KRK, we are happy to assist in streamlining the entire process for both the property owner and the tenant. This includes situations where the owner requires an occasional rental agreement to be signed as a notarial deed. We also recommend using the services of a sworn translator.
