Why occasional lease?
More and more often owners of rented flats who had to fight with dodgy tenants in the past try to secure their properties with najem okazjonalny – occasional lease. This form of agreement makes the potential eviction of a tenant a lot easier.
If secured with this type of agreement landlord can legally remove the unwanted lodger from the flat.
You might say it’s obvious, but the truth is that Polish law protects tenants over landlords. And no matter what they do, even if the tenants don’t pay their bills or they destroyed the flat, it really takes ages before a landlord can legally evict them. Especially between 1 November – 31 March, the so called „close season”, or for that matter throughout the whole year when it comes to pregnant women and disabled people; the flat owners might end up providing a place to live for strangers – for free.
Is occasional lease safe for the tenant?
Yes. As long as you’re not planning to ruin the place you are about to rent.
Why? The potential eviction cannot be just a whim of the landlord. They cannot throw you out just because they want the flat back or they don’t like your face anymore.
It is only possible when the landlord has got some good reasons: tenant destroyed the apartment or is at least 3 months late with the payments.
How is it different to a normal lease?
Najem okazjonalny differs from a standard agreement in two ways:
1. It is an agreement between a tenant and a landlord signed in presence of a notary. It involves an additional activity of going to the notaries and paying for their service; this payment is usually covered by the landlord.
2. The content of the agreement is extended by two declarations:
- from the tenant, in which they agree to the eviction in case it’s demanded. The tenant indicates the address of a place where they can live in case of eviction.
- from owner of the place indicated by the tenant in which the owner agrees to taking the tenant under his roof in case the landlord demands the eviction.
Occasional lease vs. a foreigner
So how does it affect you if you’re a foreigner?
First of all, the agreement should be in English and it should be signed in presence of an English speaking notary. If your landlord fails to arrange that the agreement will not be binding.
Second of all – you’re required to provide a “rescue” or “evict to” address.
Fortunately, the regulations say that this address does not have to be somewhere you are permanently registered in. This means that your rescue address can be virtually any flat, provided the flat owner will agree to take you home in case of eviction.
The condition is though: it needs to be in Poland.
Note: if you’re new in Poland and you do not know anyone here who could provide you with a “rescue address” then you cannot sign this type of contract.