What is the occasional rental agreement?

  • Updated

The occasional rental agreement is the most secure legal instrument in Polish law regulating rental. It guarantees the enforcement of receivables and the eviction of the tenant.

This agreement must comply with the following:

  • Premises is intended for housing purposes
  • The owner of premises, who is a natural person, does not conduct business activities in the field of property rental
  • It is concluded for a fixed period, not longer than 10 years.

It includes in particular:

  • Indication of the replacement premises to which the tenant will move out after the end of the contract
  • Declaration of the owner of the above mentioned premises, that they will accept a tenant under their roof
  • The tenant's declaration of voluntary submission to enforcement in the form of a notarial deed.

These conditions guarantee the successful eviction of a tenant. There is no need to conduct a court hearing here, it is enough to submit an application to the court for an enforcement clause, which the court issues simply by checking the validity of the contract. Obtaining an enforcement clause allows the bailiff to immediately initiate an eviction procedure.

The occasional rental contract should be reported to the appropriate Tax Office within 14 days from when the contract becomes effective, otherwise null and void.
It is regulated by articles 19a - 19e of the Act on the protection of tenants' rights, housing resources of the commune and amending the Civil Code from June 21, 2001