Occasional lease. How to safely profit from renting and protect your property

Purchasing an apartment for rent has for years been one of the most popular and reliable forms of capital investment in Poland. Properties protect savings against inflation and generate stable, passive income. However, many owners are held back by the paralyzing fear of encountering a dishonest tenant who, after a few months of regular payments, suddenly stops paying the rent and refuses to voluntarily vacate the premises.

The applicable Act on the Protection of Tenants' Rights creates an exceptionally tight protective umbrella over people renting apartments based on a classic civil law agreement. In the event of a legal dispute, the owner must go through a lengthy court eviction process, which in Polish realities takes from a dozen or so months to even several years. To make matters worse, the bailiff cannot execute the eviction judgment until the municipality provides social housing, which is often waited for years, while bearing the costs of administrative rent and utilities for the intruder staying in a private apartment during that time.

Why is occasional lease a protective shield for the landlord?

The legislator's response to this structural problem is the institution of occasional lease, dedicated to natural persons not running a business activity in the field of renting. The application of this formula does not stem from bad will, suspicion, or hostility towards a potential tenant, but from a common-sense approach to managing property worth several hundred thousand PLN. Transparent procedures and notarial safeguards set the framework of a partnership relation, protecting both parties from misunderstandings.

• Declaration in the form of a notarial deed on submission to enforcement - the tenant voluntarily submits to the enforcement regime pursuant to Article 777 of the Code of Civil Procedure. In the event of breaching the terms of the agreement, the owner bypasses the court trial stage and immediately applies for the enforcement clause.
• Indication of an alternative residential property - the tenant is obliged to indicate the formal address of another property in the territory of Poland where they will be able to live in the event of the necessity to execute the obligation to vacate the premises.
• Declaration of the owner of the replacement premises - written consent of a person having legal title to the indicated replacement premises, who agrees to take the tenant under their roof (at the landlord's request, the signature may be notarized).
• Notification to the Head of the Tax Office - a key legal condition: the owner must report the conclusion of the occasional lease agreement to the competent tax office within an unextendable deadline of 14 days from the date the lease starts in order to maintain legal protection.

Natural verification filter for future tenants

It is worth remembering that the mere requirement to conclude the agreement in the form of an occasional lease acts as an excellent, free selection sieve at the stage of tenant recruitment. An honest person with a stable source of income who intends to settle their obligations on time generally has not the slightest problem with a visit to a notary's office and indicating the address of replacement premises (e.g., at parents', siblings', or close friends').

In turn, people with unclear intentions, struggling with a spiral of bailiff debt, or counting on the possibility of free housing at the owner's expense usually immediately abandon contact when they hear about the regime of the notarial deed. In this simple way, you eliminate the risk of a problematic tenant before you even hand them the keys to the apartment.

Transparent settlements and precise protocol

The occasional lease agreement should go hand in hand with precise regulation of financial settlement rules. Clearly specify the amount of the security deposit (the law allows up to 6 times the monthly rent, although the market standard is 1-2 rents), payment deadlines, and the method of re-invoicing utility charges for electricity, water, heating, and garbage collection.

An integral part of a secure lease is always a meticulously prepared handover protocol. Documenting the meter readings, the condition of household appliances, any scratches on furniture, or defects in the walls using a detailed list and photographic documentation protects the security deposit and cuts short any disputes when handing over the premises after the lease ends.

Secure renting is not a matter of luck, but of precisely selected legal tools and reliable selection of partners. A good agreement is created to protect the owner's peace of mind and guarantee stable conditions for the tenant.

At ODI Property we comprehensively relieve owners of the burden of searching for tenants and legal formalities. We verify the financial credibility of candidates, prepare secure occasional lease agreements, coordinate visits to the notary, and draw up handover protocols. Are you planning to rent your apartment with a guarantee of security? Check how we support owners at odipropertyi.pl and entrust the care of the property to experts.