How can a tenant block “execution” and their forced eviction

Continuing from the previous post “Real Risks of “okazjonalny najem” contract”.

So how can a tenant block their eviction and what grounds can they build their legal complaints on to gain time to stay in the disputed rental property?

One method is the absence, at the time of execution, of the possibility to relocate to alternative housing that the tenant declared at the time of signing the occasional lease agreement. For example, because they were unaware of its sale, they couldn’t, by law, notify the landlord of a new address for another apartment/house within the 21-day period upon execution or termination of the “najem okazjonalny” contract.

There are cases where proof of alternative housing availability is simply purchased by the tenant. In my view, this development is problematic as it misleads the landlord, potentially leading to separate legal proceedings.

While tenants use these methods to block their “execution,” landlords have one recourse – a separate lawsuit for “eksmisji” (eviction). However, even in this scenario, tenants have the opportunity to delay their eviction with a claim for recognition of the right to social housing (especially vulnerable categories such as pregnant women).

Sometimes, even after no objection to execution or its rejection by the court, tenants try to pressure the bailiff carrying out the eviction. They may inform them of their inability to move to another residence. In response, the bailiff may begin to doubt the occasional nature of the lease and temporarily suspend the eviction process, awaiting the municipality or the landlord to provide suitable temporary accommodation.

Summary: in two parts, I presented a legal analysis of the occasional lease agreement (“najem okazjonalny”) in Poland, considered one of the safest for landlords and risky for tenants. As you have noticed, all guarantees are illusory. There are effective legal protective mechanisms for both sides, but each has legal pitfalls in practice.

Should tenants fear “najem okazjonalny” and can landlords trust in their invulnerability? As my publications suggest, this question is rhetorical…

Remember, whether you are a tenant or a landlord, for your personal legal security, it’s best to have any lease agreement reviewed by a legal specialist before signing.

Your lawyer in Poland.