Before we get to the heart of the matter, it is worth noting that everything happens within the scope of the Act on the Protection of Tenants' Rights. Property law in Poland is interpreted differently. In most cases, the regulations give greater rights to tenants than to property owners. It is worth paying attention to the nuances regarding the occasional contract, because currently this form protects the owners' rights. You can often hear conflicting information regarding occasional lease agreements.

Many people believe that an occasional contract is a notarial contract.
Yes, that's right, we can prepare such an agreement at a notary. However, a contract concluded as a civil law contract is also valid.
The most important provision in such an agreement is that the tenant, i.e. the person looking for an apartment, submits to the rigor of execution in order to move out. As owners, we protect ourselves against dishonest tenants who stop paying and have nowhere to move out. You, as the owner, cannot do anything to him because you are bound by the provisions of the Act on the Protection of Tenants' Rights. An occasional lease agreement is an exception to this Act, i.e. after concluding such an agreement with a tenant, the tenant is not protected by the Act and the right of possession does not apply.

Another frequently repeated phrase is:

“We cannot evict pregnant women or elderly people! "

The regulations precisely specify that every person who has the right to own and acquires such a right when signing a rental agreement is automatically protected by the law. Regardless of whether it is a pregnant woman or a young man, it is worth knowing that the law protects everyone who comes into so-called possession.

Let's get down to specifics.

An occasional lease agreement is an agreement concluded for a specified period, without a notice period, because the period when the agreement ceases to be valid is specified. Such an agreement is always concluded in writing.
By concluding such an agreement, the lessor undertakes to inform the competent head of the tax office that such an agreement has been concluded. We have 14 days to report.

Another very important thing are attachments:

• The tenant's statement about where he will move to and from which premises should include exactly what address it will be.
• A statement from the owner or co-owner of the property into which the tenant would move. The owner declares that he is informed that such an agreement has been concluded and is aware that the tenant will move in if the tenant cannot implement the provisions of the agreement. The signature of such a declaration may be certified by a notary, but it does not have to be.
• A notarial deed in which the tenant agrees to move out to the address indicated in the declaration.
• Of course, remember about the delivery and acceptance protocol, which we always prepare for the lease agreement.

You're probably wondering what it's like to sign such a contract?

We meet with the tenant and sign a contract that we have prepared in advance, of course for a fixed period with a date from-to. Such an agreement should include a provision that the tenant has a few days to submit the attachments mentioned above to the landlord. If there are no annexes, the contract is considered invalid and the deposit paid will be forfeited to the lessor. Remember, do not give up the apartment if you have not received the deposit. Then we provide the contract to the notary, who prepares the rigor of submission to enforcement based on its terms.
The tenant is informed to which notary and with what documents he should go. Before the notary, he declares where he will move in if the lease ends. You guess that the lease relationship may terminate if the rent is not paid. From that moment on, our tenant is no longer protected by the provisions of the Act.

What happens if the tenant stops paying?