Occasional Rental Agreement: Maximum Protection for the Owner – Construction, Notification, and Eviction Step by Step (2026)

The fear of a tenant "who cannot be evicted" keeps thousands of apartments off the rental market. Meanwhile, Polish law has long offered owners a specific tool: occasional rental – an agreement under which an unreliable tenant can be evicted based on a notarial deed with an enforcement clause, without a lengthy process, without a protection period, and without waiting for social housing. The condition: this structure must be correctly constructed from day one – and the most common mistake (failure to notify the tax office within 14 days) quietly turns it into a regular rental. This guide is a complete instruction: documents, clauses, deposits and fees, the step-by-step procedure for recovering the premises – and an honest list of what no agreement can guarantee.

Last verification: July 21, 2026. Informational material – it is not legal advice and does not replace the analysis of a specific agreement. Remember: no template will provide a 100% guarantee of tenant honesty – it does, however, provide a procedure in case it is lacking.

In Brief

Why Choose Occasional Rental Instead of Regular

To be honest: it is still a procedure (weeks–months, not "changing locks over the weekend" – that is illegal and punishable), and a tenant in a life crisis remains a person. But the asymmetry of "the tenant always wins" disappears.

Agreement Construction – Step by Step

1. Check if you can use it

   Occasional rental is for natural persons not conducting business activities in renting premises (art. 19a sec. 1 of the Tenant Rights Protection Act). Companies and professional landlords have a separate institutional rental.

2. Verify the tenant before signing anything

   Identity document, proof of income/employment, previous landlord for a phone call. No clause can replace selection – it is the first line of defense.

3. Written agreement for a fixed term (max. 10 years)

   Under penalty of nullity (art. 19a sec. 6). In the content: rent "for the owner" separated from utility and administrative fees (who, how much, on what basis – readings!), rules for increases (with occasional rental you will increase the rent only as you recorded in the agreement – art. 19c sec. 2; lack of record = no increases), deposit, rules for termination, handover protocol as an attachment.

4. Three attachments that make a difference

   (1) Tenant's statement in the form of a notarial deed agreeing to enforcement and committing to vacate the premises (fee max. 1/10 of the minimum wage – in 2026 up to 480.60 PLN; usually paid by the tenant); (2) indication of another premises where they will move in case of enforcement; (3) statement from the owner of that premises with consent (at your request – with a notarially certified signature; always demand it, it costs little, cuts off "fake" addresses).

5. Deposit: up to six times the rent

   Secures rent, fees, and damages; refundable within a month after vacating the premises, after deductions (art. 19a sec. 4–5). Market rate 1–2 rents; with a risky tenant profile, you have a statutory buffer up to six.

6. NOTIFY the tax office within 14 days

   To the head of the tax office appropriate according to your place of residence, within 14 days from the start of the rental (art. 19b sec. 1; regular letter, no form). Without notification, articles 19c and 19d do not apply – meaning you lose exactly what you made this agreement for. Keep the confirmation of notification: it will be an attachment to the application for the clause. At the tenant's request, you are obliged to show the confirmation.

7. Monitor the backup premises throughout the rental

   If the tenant loses the ability to reside in the indicated premises, they have 21 days to indicate a new one (with the owner's consent); if they do not indicate – you can terminate the agreement in writing with at least a 7-day notice period (art. 19a sec. 3 in conjunction with art. 19d sec. 5).

Recovering the Premises – Procedure Step by Step

1. Expiration or termination of the agreement

   The agreement ends upon the expiration of time or after termination (art. 19d sec. 1). Since it is a fixed-term agreement, the grounds for termination must arise from its content (art. 673 § 3 KC) – therefore, list the reasons for termination in the agreement. Regardless, the statutory basis always applies: arrears for at least 3 full payment periods, after written notice and setting an additional month for payment (art. 11 sec. 2 point 2, applied to occasional rental by art. 19e).

2. Request for vacating the premises

   If the tenant has not vacated voluntarily: you deliver a written request for vacating with a notarized signature (notary), with a deadline not shorter than 7 days (art. 19d sec. 2–3).

3. Enforcement clause

   After the ineffective deadline, you submit an application to the court for granting the enforcement clause to the notarial deed; attachments: request with proof of delivery, document of the right to the premises, confirmation of notification to the tax office (art. 19d sec. 4).

4. Bailiff

   With the enforcement title, the bailiff carries out the eviction to the premises indicated in the tenant's statement – without examining the right to social housing and without waiting for temporary accommodation – the right to it does not apply with a notified occasional rental (art. 25d point 2 of the Act, applied by art. 19e). If the premises indicated in the statement fails, the bailiff removes the debtor to a shelter or dormitory indicated by the municipality (art. 1046 § 5¹ KPC). The protection period from November 1 to March 31 applies only to court rulings – a notarial deed with a clause is not subject to it.

5. Settlement

   Deposit against arrears and damages; other claims – payment order (overdue rent + compensation for unauthorized use). Documentation (protocol, readings, summons) does all the work here.

Taxes and Formalities

• Flat rate 8.5% / 12.5% over 100,000 PLN – payments by the 20th of the month, PIT-28 by April 30; occasional notification (art. 19b) does not replace tax settlement and vice versa. Full rules in our rental guide.
• Utilities on the tenant's account wherever possible (electricity/gas – assignment of contracts) or settlement based on readings with a protocol – "everything in the rent" inflates your income and creates disputes.
• Insurance for the apartment with landlord's liability + require tenant's liability insurance in the agreement (cheap, and flooding a neighbor is no longer your battle).
• Owner abroad: the agreement and statements are handled by an attorney; notification to the tax office can be sent by mail/ePUAP; the eviction procedure still occurs through the hands of a notary, court, and bailiff – your presence is not necessary.

Tenant Foreigners or Without Family in Poland: What About the Backup Premises

The law does not impose any citizenship conditions on the tenant – a foreigner can also sign an occasional rental agreement. The practical barrier is: the tenant must indicate another premises where they will reside after potential enforcement, along with the consent of the owner of that premises (art. 19a sec. 2 points 2–3). For a student from Ukraine or an employee from Georgia without family in Poland, this is often an impossible condition to meet.

• Who can lend an address: the law simply states "the owner of the premises or a person with legal title" – this can be family, friends, and in practice, it can also be an employer with a company apartment. A notarially certified signature on the consent is required only "at the request of the landlord" – but always demand it, it costs little and cuts off fictitious addresses.
• Owner's second apartment: literally permissible (the provision does not exclude that the backup premises can be another premises of the landlord), but economically peculiar – you guarantee a roof over the head for the evicted at your place. Consult the sense of such a structure with a notary.
• Hotel or hostel as a "backup premises": encountered in practice, but legally questionable – the law operates on the concept of premises serving housing needs. Do not base the entire structure on this without a notary's opinion.
• If a backup premises cannot be organized: a regular rental agreement remains with stronger safeguards – deposit (for regular rental, the limit is higher: up to 12 times the rent), third-party guarantee, solid income verification. This is a fairer route than a fictitious address, which will collapse the procedure at the worst possible moment.

Most Common Owner Mistakes

• Failure to notify within 14 days – a structure without an engine; the most common mistake in practice.
• Attachment "indication of premises" without the owner's consent or without a certified signature – easy to challenge.
• Rent increases without a mechanism in the agreement – with occasional rental, you will not raise "because of inflation"; include an indexation clause (e.g., annual based on GUS index).
• Accepting a deposit "on trust" and lack of handover protocol with photos.
• Requesting vacating with a regular letter – a notarized signature is required.
• Mixing modes: annexing for an indefinite period, adding tenants without new statements – any change in composition = a complete set of new attachments.
• Self-eviction instead of following the procedure – the only scenario where the owner ends up on the wrong side of the law.

Frequently Asked Questions

The tenant does not want to go to the notary. What to do?

This is a warning sign in itself. The notarial statement is the essence of this agreement – without it, you have a regular rental. Suggest covering the fee halfway (max. 480.60 PLN in 2026) or look for another tenant.

What if the tenant's "backup" premises cease to exist (sale, death of the owner)?

The tenant has 21 days to indicate a new premises with the owner's consent; if they do not do so – you can terminate the agreement in writing with at least a 7-day notice period (art. 19a sec. 3 and art. 19d sec. 5), and then the standard procedure for recovering the premises applies.

Can I terminate the agreement because the tenant is not paying?

Yes – the statutory path (always applies, art. 11 sec. 2 point 2 in conjunction with art. 19e): arrears for at least 3 full payment periods → written notice with an additional monthly payment deadline → termination in writing, at the latest one month in advance at the end of the calendar month. Additional reasons can be recorded in the agreement. (There is a bill in the Sejm – print 2447 – shortening the threshold to 1 period; as of today, it is just a bill.)

How long does eviction from an occasional rental realistically take?

Practice: request (7+ days) → clause in court (usually weeks) → bailiff (depending on the office). The realistic horizon is 2–4 months instead of 1–3 years of eviction process – we mark this as market experience, not a guarantee.

Does occasional rental work for rooms / with multiple tenants?

Yes, but each tenant must have a complete set: signature on the agreement + their own notarial statement + indication of premises with consent. One missing set = a gap in the entire structure.

Death of the tenant or owner – what happens to the agreement?

Death of the tenant: according to the prevailing view, art. 691 KC applies – relatives who lived with them (spouse, children, person in a common-law relationship) enter the rental; in their absence, the rental expires. Entering persons can terminate the agreement on statutory grounds. Death of the owner: the rental does not expire – it enters the estate and is continued by the heirs.

I bought a ready-made "template for 149 PLN." Is that enough?

The template is 20% of the success. The rest: correct attachments, notification within 14 days, protocol, discipline in deliveries. This guide shows the whole picture – and complicated situations (co-ownership, foreign tenants without backup premises in Poland) are worth consulting individually.

Fact-Check Summary

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