Occasional tenancy agreement (najem okazjonalny)

Published byDocMuse

A Polish occasional tenancy for an owner who is a private individual not in the business of letting flats: fixed term of at most 10 years, deposit of up to six months' rent. The agreement lists the three compulsory attachments, including the tenant's declaration submitting to eviction — which must be a notarial deed; without it there is no occasional tenancy. The landlord reports the agreement to the tax office within 14 days.

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Common questions

How does an occasional tenancy differ from an ordinary flat tenancy in Poland?

Mainly in how easily the owner gets the flat back. The tenant submits to eviction in advance, in a notarial deed, and names a place to move to, so no lengthy eviction case is needed once the tenancy ends, and tenant protection applies only in part. In return the agreement must meet the statute: fixed term of up to 10 years, deposit of up to six months' rent, and notification to the tax office.

Who pays the notary for the tenant's declaration, and how much is it?

The tenant makes the declaration and usually pays, unless the parties agree otherwise. The notary's fee for it is capped by regulation at one tenth of the national minimum wage, plus VAT and the charge for copies. Without that deed the agreement is an ordinary tenancy, not an occasional one.

What happens if the landlord does not report an occasional tenancy to the tax office?

The landlord loses what the occasional tenancy is for. Without notification within 14 days of the start of the tenancy, the special rules on removing the tenant on the strength of the notarial declaration do not apply, and the agreement carries full tenant protection like an ordinary tenancy. The notification goes to the tax office for the landlord's place of residence, not for where the flat is.

May a landlord take a twelve-month deposit on an occasional tenancy?

No. On an occasional tenancy the deposit may not exceed six times the monthly rent at the date of the agreement. It secures amounts owed under the tenancy and any costs of enforcing the eviction, and after moving out it is returned within a month, less those amounts.