Occasional lease is a lot of a hassle for both: tenant and landlord. So the big question arises:
Why go for occasional lease?
You might know by now that Polish law protects tenants over landlords. With occasional lease you make sure it’s you and your property that are protected better.
How is that?
With a standard agreement the landlord very often has their hands tied when the tenant stops paying the bills or doesn’t want to move out. However late they are with the payments or no matter how they damage the flat you can never throw out a pregnant woman or a disabled person from your place. Or for that matter, in the period 1 November – 31 March you cannot throw out anyone.
What might sound cruel occasional lease just gives you such option. Of course, it cannot be just your whim – you cannot get rid of your tenant because you want your flat back. You need valid reasons, like: they are at least 3 months late with paying rent and / or bills; they destroyed the place or they are not moving out even though it’s already after the end date of the contract. It’s just a lot safer for you as a landlord.
Advantages & disadvantages
With occasional lease you can get rid of unwanted tenants much easier and faster. Also, it will scare away a group of potential dodgy tenants who maybe planned or at least had this idea in mind that they will rent a flat and then will stop paying.
There will be lots of people who simply won’t be able to sign this kind of contract (take e.g. expats). The formalities are also a bit frustrating and time-consuming.
The occasional lease consists of four elements (listed below). Mind you, many people believe that since this kind of lease needs to be in form of a notarial deed. That’s not true.
- tenant’s declaration on submission to enforcement;
- tenant’s declaration indicating a property where a tenant will move in case of enforcement;
- declaration of the owners of the indicated property that they agree to the arrangement
From all 4 of the above mentioned documents only one needs to be prepared in a form of notarial deed: tenant’s declaration on submission to enforcement. You can prepare and sign a lease agreement without a notary. Also the other two declarations – as long as they are prepared in writing they are valid. If a notary suggests that all of the documents should be prepared in a form of notarial deed it could be a scam, for them it’s a form of making some extra money on you. Remember though, because it’s not necessary it doesn’t mean you shouldn’t even consider such option.
Aha, maybe important to mention. All costs are to be born by the landlord, not the tenant. And the actual costs will depend on the notary.
From the moment the agreement comes into effect you’ve got 14 days to report to the tax office.
How does it work
If your tenant turns out to be dodgy you need to give them notice to quit. They should have around 7 days to leave the flat, if this doesn’t work all you need to do is go to the court and ask to append the enforcement clause to the notarial deed in which the tenant declared the submission to enforcement. The eviction is further taken care of by bailiff.