Tenant in Poland: occasional lease, notary, claims
If you are a tenant in Poland and are considering an occasional tenancy or looking for ways to pursue claims related to your contract, this text explains which notarial declarations are needed and how to use them in practice. I describe simple steps, deadlines and documents worth collecting — from handover records to proof of rent payments. The guide covers the role of the notary, landlord obligations and options to enforce rights in court and through mediation. The information is accessible for people without legal training and refers to laws and court practices in Poland.
What is occasional tenancy?
Occasional tenancy is a form of lease that gives the landlord additional security in the form of the tenant's declaration to vacate the premises voluntarily and the owner of another dwelling's statement that the tenant can move there. In practice, these documents are often prepared by a notary, which facilitates pursuing claims in case of rent arrears or refusal to vacate. The rules are regulated by the Act on the Protection of Tenants' Rights and the Civil Code.[1]
Tenant statement and the role of the notary
The notary confirms the authenticity of statements, and the notarial deed may include an obligation to deliver the premises within a specified period. This does not always mean automatic eviction, but it facilitates asserting claims in court and enforcement.
- Include exact address and conditions for vacating the premises in the statement (notice).
- Ensure the parties provide current contact details and persons for notifications (contact).
- Specify deposit and utility settlement terms and payment deadlines (deposit).
How to pursue claims?
When the landlord fails to carry out repairs or the tenant is in rent arrears, there are several paths — from negotiation, through a demand letter, to filing a lawsuit in the district court. Notice and proper service of statements are important.
- Consider response and termination deadlines (within).
- Gather documents: contract, records, photos, payment proofs and correspondence (document).
- If negotiations fail, file a claim in the district court (court).
Documents and evidence
Evidence is key. A notarial tenant statement is one thing, but current bills, the handover protocol and correspondence with the landlord are also important. Keep copies and a chronology of documents.
- Handover protocol and photos of the apartment condition (evidence).
- Copies of rent and fee payment confirmations (deposit).
- Demand letters, contracts and notarized statements (notice).
Common problems
- Difficulties with serving documents and proving the landlord received the demand (important).
- No response from the owner to defects affecting habitability (repair).
- The risk of improper contract clauses limiting tenant rights (illegal).
FAQ
- Is a tenant's notarized statement mandatory?
- Not always. The statement is required for occasional tenancy if agreed by the parties, and it helps with enforcement of claims.
- What evidence helps in a rent arrears case?
- The best are payment confirmations, correspondence with the owner, the apartment condition report and any witness statements.
- Where to file a claim against a landlord?
- The claim should be filed with the district court competent for the location of the premises.
How to
- Collect all documents and proofs (document).
- Send a prior demand for payment or repair in writing (notice).
- If there is no response, prepare and file a claim with the district court (court).
Key takeaways
- Keep thorough documentation — it is the foundation of effective claims.
- A notarized statement increases chances of faster enforcement.
- Act within deadlines and respond to procedural letters promptly.
Help and Support / Resources
- Information for tenants on gov.pl
- Legal texts on ISAP
- Information and forms from the Ministry of Justice
