Occasional Tenancy: Tenant Rights in Poland
If you are a tenant in Poland considering an occasional tenancy, this text explains step by step which declarations are required, when you need to visit a notary, and what deadlines and obligations apply to both parties. I describe tenant rights, procedures related to concluding the contract, and what to do if a landlord demands a rent increase or starts eviction proceedings. You will find concrete advice on documentation, reporting repairs, and preparing evidence for a court hearing. The article is intended for people who are not lawyers, so I avoid legal jargon and give practical steps to follow. I also explain how to use available declaration templates, where to file documents and when it is worth seeking free legal assistance.
What is occasional tenancy?
Occasional tenancy is a form of residential lease in which the tenant submits additional declarations and the landlord receives a safeguard in the form of consent to eviction to a specified replacement premises. The provisions governing occasional tenancy refer to laws on tenant protection and the Civil Code, so it is worth knowing your rights and obligations before signing the agreement.[1]
Which declarations and notarial acts are required?
For an occasional tenancy, documents and acts confirming intent and eviction safeguards are usually required. Common required elements include:
- Landlord's declaration indicating the address of the replacement premises to which the tenant may move.
- Tenant's declaration consenting to enforcement and indicating the replacement premises.
- A notarial deed confirming the declarations and their date.
Deadlines and procedure for the tenant
Know the key deadlines: notice period, time to vacate after a court decision, and deadlines related to filing claims and reporting defects. If the landlord demands vacation of the premises or wants to raise rent, respond in writing and keep copies of correspondence and proof of rent payments.[2] If a dispute leads to eviction proceedings, the court procedure may end with an order to vacate the premises, followed by enforcement and possible involvement of a bailiff.[3]
- Keep copies of the lease, notarial declarations and proofs of payment.
- Report defects to the landlord in writing and document their condition with photos.
- Seek free legal assistance or telephone advice for tenants when disputes arise.
What to do if you receive a notice or demand to vacate?
First, check whether the notice complies with the contract and regulations. Note dates, keep originals of documents and respond in writing to every demand. If the landlord has initiated court proceedings, prepare copies of the lease, notarial declarations, payment receipts and correspondence as evidence.
FAQ
- Does occasional tenancy require a notary?
- Yes. Declarations related to occasional tenancy must be notarized and attached to the lease agreement.
- What if the landlord demands a rent increase?
- Check the contract, talk to the landlord and request explanations in writing; if the dispute continues, seek legal advice.
- Where can tenants find free help?
- You can turn to local legal advice points or consumer organizations and use information available on government websites.
How-To
- Collect documents: the lease agreement, notarial declarations and proofs of payment.
- Document the condition of the premises: take photos of defects and keep records of reports.
- Contact legal aid or mediation before taking the matter to court.
- If the case goes to court, present evidence and declarations at the hearing in the District Court (Civil Division).
- Prepare a moving plan and contact for replacement premises if the court orders you to vacate.
Help and Support / Resources
- [1] ISAP - laws and statutory texts
- [2] GOV.PL - citizen information and templates
- [3] Ministry of Justice - court and enforcement procedures
