An occasional lease of the premises has been described in articles 19a – 19e of the Act of June 21, 2001 on the protection of the rights of tenants, the housing stock of the commune, and the amendment to the Civil Code (i.e. the Journal of Laws 2018 no. 1234, as amended).
In accordance with art. 19a paragraph 1, the occasional lease agreement is a residential premises lease agreement, whose owner, a natural person, does not conduct business activity in the scope of renting premises, concluded for a definite period of time, not longer than 10 years.
The occasional lease agreement guarantees property owners a more effective protection of their property than a regular lease. Occasional lease secures the landlord’s rights, primarily the right to evict an onerous tenant.
WHICH DOCUMENTS ARE REQUIRED FOR THE OCCASIONAL LEASE AGREEMENT?
The Act states that:
The occasional lease agreement for the premises shall be accompanied in particular by:
1) the tenant’s declaration in the form of a notarial deed, in which the tenant undergoes enforcement and undertakes to empty and hand over the premises occupied on the basis of the occasional lease agreement within the time limit specified in the request referred to in art. 19d paragraph 2;
2) an indication by the tenant of other premises in which he will be able to live in the event of execution of the obligation to empty the premises;
3) a statement by the owner of the premises or a person holding a legal title to the premises referred to in point 2 or paragraph 3, about consenting to the tenant’s and persons’ living with him residing in the premises indicated in the statement; at the request of the landlord, a statement with a signature authenticated by a notary public is attached.
The most important document for the entire agreement is the tenant’s statement in which he undergoes enforcement and undertakes that he will empty and leave the premises at the time indicated by the owner after the termination of the agreement.
The tenant’s declaration of undergoing enforcement requires the form of a notarial deed and a visit to a notary public.
Please note that the Landlord is obliged to report the conclusion of an occasional lease agreement to the head of the tax office competent for the place of residence of the landlord within 14 days from the start of the lease.
WHAT IF THE TENANT HAS NOT EMPTIED THE PREMISES AFTER THE EXPIRATION OF THE OCCASIONAL LEASE AGREEMENT?
Based on art. 19d paragraph 1 of the Act the occasional lease agreement expires after the period of time for which it was concluded or terminates after the notice period. After the expiry or termination of the occasional lease agreement, if the tenant has not voluntarily emptied the premises, the owner shall serves the tenant with a request to empty the premises, drawn up in writing with an officially certified signature of the owner (Article 19d (2) of the Act). Based on Article 19d paragraph 3 of the Act, the above request to empty the premises shall include in particular:
1) a designation of the owner and tenant to whom the request is addressed;
2) an indication of the occasional lease agreement for the premises and the reason for termination of the relationship arising therefrom;
3) a deadline, not shorter than 7 days from the day of serving the tenant with the request, in which the tenant and persons residing with him are obliged to empty the premises.
In the event of ineffective expiry of the above deadline, the owner submits to the court an application for issuance of an enforcement clause for the notarial deed referred to in art. 19a paragraph 2 point 1 of the Act.
January 2020
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