What should an occasional lease agreement contain?
An occasional lease (najem okazjonalny) is a special type of tenancy agreement under Polish law and comes with specific, mandatory attachments. To be valid, it must include three key documents:
- A tenant's declaration made before a notary, consenting to enforcement and committing to vacate the premises if the agreement is terminated.
- An alternative address — a place the tenant can move to in the event of enforced eviction.
- The consent of the owner of that substitute dwelling, confirming their willingness to take the tenant in should eviction be carried out.
These are the statutory requirements. Beyond them, a well-drafted agreement should also cover a range of additional points, including:
- the name and type of the agreement
- the date and place of signing
- full details of both parties (name, surname, address, PESEL number, and where applicable an ID document number)
- confirmation that the landlord has the right to dispose of the premises
- the tenant's declaration accepting the technical condition of the apartment and its furnishings
- a detailed description of the premises: address, floor area, land-and-mortgage register number
- arrangements for handing over the apartment and drawing up a handover protocol
- rules for the use of the premises (e.g. no subletting, no pets, no smoking)
- the division of responsibilities for repairs and minor maintenance (in an occasional lease the parties may set these rules themselves)
- rules for any inspections of the premises by the owner
- the rent amount, payment deadline and method, and rules governing increases
- the security deposit amount (it may not exceed six months' rent)
- the duration of the tenancy and termination rules (on the tenant's side the Civil Code applies)
- the manner and deadline for returning the apartment together with handover documentation
- confirmation that the required declarations of the tenant and the substitute dwelling's owner have been made
- arrangements for how the parties will communicate
- final provisions, e.g. on the number of copies and how amendments are made
- a list of attachments
The above is not an exhaustive list — the final content of an occasional lease depends on the parties' arrangements and the specifics of each case.
The agreement must protect the owner's interests, which is why it should be drafted by professionals. If you are looking for a solid lease template prepared by a legal counsel — contact us. And if you would rather delegate the entire process of letting your property so you don't have to worry about a thing, we are at your service.
Every situation is unique, which is why we always encourage working with a lawyer or entrusting the rental transaction to a professional real estate agency.