Terminating an Occasional Tenancy Agreement — General Rules

An occasional tenancy agreement is concluded for a fixed term (maximum 10 years), which means it generally remains in force until the agreed date. Neither party can unilaterally terminate it without cause — this is a fundamental principle of fixed-term contracts in Polish civil law.

However, there are strictly defined situations in which one party can terminate the agreement early. These cases arise both from the Act on the Protection of Tenants' Rights and the Civil Code. The parties may also provide for additional termination grounds in the agreement itself.

In this article, we discuss in detail when and how an occasional tenancy agreement can be terminated — from both the landlord's and tenant's perspective.

When Can the Landlord Terminate?

The property owner can terminate an occasional tenancy agreement in cases specified in Article 11 of the Tenants' Protection Act (which applies to occasional tenancy by virtue of Article 19e) and in Article 19d(5) (specific to occasional tenancy). Here is the complete list:

1. Rent Arrears (Article 11(2)(2))

The tenant owes rent for at least 3 full payment periods, despite written notice with an additional one-month payment deadline. The procedure is as follows:

The tenant fails to pay rent for 3 months
The landlord sends a written reminder with an additional 1-month deadline
If the tenant still does not pay — the landlord may terminate the agreement

Important: a full month's rent counts. Partial payment (e.g., half the rent) means the arrears for that month still exist.

2. Using Premises Contrary to Purpose (Article 11(2)(1))

The tenant uses the premises in a manner contrary to the agreement or inconsistent with its purpose. Examples include:

Conducting business activity in residential premises without the landlord's consent
Setting up a workshop, warehouse, or office in the apartment
Commercial-scale animal breeding

3. Unauthorized Subletting (Article 11(2)(3))

The tenant has sublet the premises or part of it to a third party without the landlord's written consent. This applies to both paid subletting and long-term gratuitous lending.

4. Property Damage (Article 11(2)(1))

The tenant destroys fixtures intended for common use by residents, causes damage, or grossly or persistently violates house rules.

5. Loss of Alternative Address (Article 19d(5))

This ground is specific to occasional tenancy. If the tenant loses the ability to reside at the indicated alternative address and does not indicate a new address within 21 days, the landlord may terminate the agreement with at least a 7-day notice period.

6. Landlord's Own Need (Article 11(5))

The landlord may terminate the agreement if they intend to reside in the premises themselves or want to use it for their family's needs. In this case, the notice period is not less than 6 months. However, if the landlord does not move into the premises within 6 months of it being vacated, the tenant may demand to return or claim compensation.

Landlord's Termination Procedure — Step by Step

Termination of an occasional tenancy agreement by the landlord must follow a strictly defined procedure. Omitting any step may render the termination ineffective.

Written reminder — in the case of rent arrears, the landlord must first send a written demand for payment, setting an additional one-month deadline. The letter should be delivered with proof of receipt (registered mail or personal delivery with acknowledgment)
Written termination — after the deadline passes without payment, the termination must be drawn up in writing stating the reason. An oral termination is ineffective
Notice period — depends on the reason:
- Rent arrears: not shorter than 1 month, effective at the end of the calendar month
- Loss of alternative address: not shorter than 7 days
- Landlord's own need: not shorter than 6 months
Demand to vacate — after the notice period expires and the agreement terminates, the landlord serves the tenant with a written demand to vacate within 7 days. The landlord's signature on the demand must be officially certified (by a notary)
Application for enforcement clause — if the tenant has not vacated, the landlord applies to the court for an enforcement clause on the notarial deed (the declaration of submission to enforcement)
Bailiff enforcement — after obtaining the enforcement clause, an application to the bailiff to carry out the eviction

When Can the Tenant Terminate?

The tenant has more limited options for terminating an occasional tenancy agreement but still has certain rights:

1. The Agreement Provides for Termination

The parties may specify in the agreement cases in which the tenant can terminate with a defined notice period. For example: "The tenant may terminate the agreement with a 2-month notice period effective at the end of the calendar month." This is the most common and simplest method — it is worth ensuring such a provision when signing the agreement.

2. Premises Defects Endangering Health (Article 682 of the Civil Code)

If the premises have defects endangering the health of the tenant or their household members (e.g., mold, leaking gas installation, lack of heating in winter), the tenant may terminate the agreement without a notice period, even if they were aware of the defects when entering into the agreement. The condition is prior demand for the landlord to remedy the defects.

3. Hidden Defects Preventing Use (Article 664(2) of the Civil Code)

If the premises have defects that limit their suitability for the agreed use, and the landlord has not remedied them within the specified deadline, the tenant may terminate the agreement without a notice period.

4. Mutual Agreement

At any time, both parties may dissolve the agreement by mutual consent. This is the easiest way to end the agreement — it requires the willing consent of both parties and should be drawn up in writing.

Termination Form — Requirements

A proper termination of an occasional tenancy agreement must meet the following formal requirements:

Written form — the termination must be in writing. SMS, email, or oral termination are not effective
Date — the document must bear a date
Signature — handwritten signature of the terminating party
Statement of reason — in the case of termination by the landlord, stating the specific reason is mandatory
Notice period — indication of the date on which the agreement will be dissolved
Delivery — the termination must be effectively delivered to the other party. Best by registered mail with acknowledgment of receipt or in person with a signed acknowledgment

Common Mistakes in Termination

In practice, many terminations are ineffective due to formal errors:

Lack of written reminder — termination for rent arrears without prior written reminder is ineffective
Too short notice period — failure to comply with statutory minimum deadlines
Failure to state the reason — the landlord must indicate the specific legal and factual basis for termination
Oral or email termination — lack of written form renders the termination ineffective
Non-delivery — sending the termination to the wrong address or lack of proof of delivery

Summary

Terminating an occasional tenancy agreement is possible but only in strictly defined cases and following the proper procedure. Both landlords and tenants should know their rights and obligations well to avoid legal problems. The essentials are: written form, statement of reason, observance of the appropriate notice period, and effective delivery.

If you have doubts, we recommend consulting a lawyer specializing in real estate law. If you need help with an alternative address for an occasional tenancy agreement — contact us.

How to Terminate an Occasional Tenancy Agreement?