Legal Insights into Okazjonalny Najem: Tenant Rights and Legal Strategies

“Okazjonalny najem” translates to occasional lease in English. It refers to a rental agreement for residential property with a duration of up to 10 years, owned by an individual not engaged in commercial rental activities.

Mandatory attachments to this type of contract include:

1. Tenant’s statement consenting to voluntary execution (poddanie ekzekucji).
2. Tenant’s indication of alternative housing where they can relocate upon execution or after the lease expires.
3. Statement from the owner/co-owner of the alternative housing consenting to the tenant’s relocation and continued residence.

The tenant’s voluntary execution statement, drafted in a notarial deed, must be executed before a notary public. By law, the maximum fee for this deed should not exceed 1/10 of the minimum wage (from July 2024, the minimum wage is 4300.00 PLN).

Let’s focus on the concept of “voluntary execution.” This serves as a reassurance mechanism for landlords. Essentially, if a tenant fails to pay rent (at least for three full periods, as per the law) and refuses to vacate the premises, the landlord can swiftly obtain an enforcement clause (klauzulę wykonalności) through a simplified court procedure, typically within three weeks. After obtaining this enforcement clause via a notarial deed, the landlord refers the case to a court bailiff (komornik sądowy). The bailiff then takes measures to prompt the tenant to voluntarily vacate within a specified period. Upon expiration of this period without compliance, the bailiff initiates necessary actions to evict the non-compliant tenant and identifies their financial resources to cover rental arrears.

Much is said about the benefits of this type of contract for landlords, but few discuss the repercussions of a single formal error. Specifically, when entering into an okazjonalny najem contract, the property owner is legally obligated to inform the tax authorities. This must be done within 14 days of handing over the property to the tenant. For tenants, the critical point is that failure by the owner to fulfill this duty automatically converts the occasional lease into a standard rental agreement without specific provisions. This means eviction becomes impossible for the landlord. Moreover, in disputes of another nature, the tenant can use the owner’s failure to inform the tax authorities as an argument against the landlord. Remember, tenants have the right to demand proof from landlords that they have informed the tax authorities about entering into an occasional lease contract.

Lastly, a bonus tip from a lawyer (that’s me 😉 ): Even if the landlord notifies the tax authorities about entering into such a contract, if the tenant fails to pay rent for the full three periods and the landlord seeks court enforcement, the tenant can continue residing in the property without paying…

How? By exercising their right to file a complaint (zażalenie) against the court decision on enforcing the voluntary execution statement, and by requesting a suspension of the enforcement proceedings pending the review of the aforementioned complaint. More details in my next post.