Renting in Poland · Guide

Najem okazjonalny: the notary lease, explained for foreigners

Updated

Najem okazjonalny (an "occasional lease") is a fixed-term lease of up to 10 years that a private owner, not a rental business, can sign with you. You sign a notarial deed that gives the landlord a faster way to evict you if you stay after the lease ends, and you name another address you could move to.

The rules are in the ustawa o ochronie praw lokatorów (the Tenants' Protection Act), Art. 19a–19e.

Who can offer it

Only an owner who is a private individual and does not run a business renting out flats. The lease must be for a fixed term of no more than 10 years (Art. 19a ust. 1). The contract, and any change to it, must be in writing, or it is void (Art. 19a ust. 6).

What you attach to the contract

Art. 19a ust. 2 names three attachments to the umowa najmu okazjonalnego (the occasional-lease contract):

  1. Your declaration as a notarial deed. In it you accept enforcement and promise to leave the flat by the deadline in the landlord's written demand.
  2. The address of another flat you could move to.
  3. A statement from that flat's owner agreeing that you may live there.

The owner of the other flat signs the consent in plain writing. A notarially certified signature is needed only if your landlord asks for one (Art. 19a ust. 2 pkt 3).

What the notary costs

The notary's fee for your declaration is capped by law at one tenth of the national minimum wage (Art. 19a ust. 7). In 2026 that means at most 480.60 zł, because the minimum wage is 4 806 zł. Ask the notary whether VAT is added on top, and agree in writing with the landlord who pays the fee.

The other-address problem

For newcomers, this is often the hardest part. You need someone who owns a flat and will sign that you may move in there if you have to leave, such as a friend, relative or colleague.

If you lose the right to live in that other flat, you have 21 days from learning about it to name a new one with a fresh consent. If you do not, the landlord may end the lease in writing on at least 7 days' notice (Art. 19a ust. 3; Art. 19d ust. 5).

The 14-day tax-office report

The landlord must report the lease to the head of the tax office for the landlord's own place of residence within 14 days of the lease starting. If you ask, the landlord must show you proof of this (Art. 19b ust. 1–2).

Without it, the special rent and fast-eviction rules in Art. 19c and 19d do not apply (Art. 19b ust. 3). Under the final clause of Art. 19e, you then keep the ordinary protections of the Act.

What protections fall away

The Tenants' Protection Act does not apply to najem okazjonalny, except for a short list of articles (Art. 19e). Among those kept are the valorised deposit refund (Art. 6 ust. 3) and the landlord's right to end the lease on one month's notice for misuse, rent arrears or subletting without consent (Art. 11 ust. 2 pkt 1–3). In practice:

If you stay after the lease ends

The eviction path has three steps (Art. 19d ust. 2–4). The landlord serves a written demand to leave, with a certified signature and a deadline of at least 7 days. Then the landlord asks the court to make your notarial deed enforceable. Enforcement follows.

Ordinary lease and najem okazjonalny compared

RuleOrdinary leaseNajem okazjonalny
Written formOver 1 year: should be written, or it counts as open-ended (KC Art. 660)Required, or the lease is void (Art. 19a ust. 6)
Maximum deposit12 times the rent (Art. 6 ust. 1)6 times the rent (Art. 19a ust. 4)
Rent rises3 months' written notice, at most every 6 months (Art. 8a, Art. 9 ust. 1b)Only on the contract's terms (Art. 19c ust. 1)

KC is the Kodeks cywilny (the Civil Code).

What to do

  1. Ask early whether the landlord wants najem okazjonalny. If you know nobody who owns a flat, ask whether an ordinary lease is possible.
  2. Find the owner of your other address before you start viewing flats.
  3. Read the rent-rise and termination terms closely: here the contract sets most of the rules.
  4. Once 14 days have passed since the lease started, ask for proof of the tax-office report.

Short answers on related topics are in the FAQ.

Questions about najem okazjonalny

Can I ask for an ordinary lease instead?

Yes. You can propose an ordinary lease, and the landlord may say yes or no. If they agree, the deposit cap is 12 times the rent and the ordinary protections of the Tenants' Protection Act apply.

What if I can no longer use my other address?

You have 21 days from learning that you lost the right to live there to name a new address, with a fresh consent from its owner (Art. 19a ust. 3). If you do not, the landlord may end the lease in writing on at least 7 days' notice (Art. 19d ust. 5).

Must the landlord show me the tax-office report?

Yes, if you ask. The landlord must report the lease within 14 days of its start and show you proof on request (Art. 19b ust. 1–2).