What Is the Declaration of Submission to Enforcement?

The declaration of submission to enforcement is a document drawn up in the form of a notarial deed, in which the tenant commits to voluntarily vacating and emptying the rented premises after the termination or expiry of the occasional tenancy agreement. It is the key and mandatory element of every occasional tenancy agreement, required by Article 19a(2)(1) of the Act on the Protection of Tenants' Rights.

This document constitutes an enforcement title within the meaning of Article 777(1)(4) of the Code of Civil Procedure. This means that if the tenant refuses to leave, the landlord can quickly obtain an enforcement clause and refer the case to a bailiff — without the need for lengthy court proceedings.

In practice, this declaration is the "heart" of occasional tenancy — it is precisely thanks to this document that this form of rental is so attractive to landlords. Without the declaration, the agreement loses its occasional tenancy character and becomes a regular lease with full tenant protection.

Why Is the Declaration Required?

The legislature introduced the requirement for the declaration of submission to enforcement to solve one of the biggest problems of the Polish rental market — the difficulty of recovering premises from a tenant who does not want to move out.

Under a regular lease, the eviction procedure looks as follows:

The landlord must file an eviction lawsuit with the court
Court proceedings last from several months to even 2 years
The court examines whether the tenant is entitled to social housing
If so — the municipality must provide social housing (waiting can take additional years)
Eviction cannot be carried out during the protection period (November 1 - March 31)

Under occasional tenancy with the declaration, the process is entirely different:

The landlord serves the tenant with a written demand to vacate within 7 days
After the deadline passes — an application to the court for an enforcement clause (simplified procedure, no hearing)
The bailiff carries out the eviction to the address indicated in the declaration
No social housing requirement and no protection period

The difference is enormous — instead of years of waiting, the landlord recovers the premises within a few weeks to a couple of months.

How to Obtain the Declaration? Step-by-Step Procedure

The declaration of submission to enforcement must be drawn up in the form of a notarial deed — no other form is permissible. The procedure is as follows:

Schedule a notary visit — the tenant must personally appear at the notary's office. Many offices allow booking by phone or online. It is advisable to book a few days in advance.
Prepare documents — you need to bring:
- Tenant's ID card or passport
- Landlord's details (name, address)
- Address of the rented premises
- Address of the alternative premises (for moving out)
- Details of the alternative premises owner
- Draft or copy of the occasional tenancy agreement (helpful but not always required)
Drawing up the deed — the notary prepares the content of the declaration based on the provided data, then reads it to the tenant and explains the legal consequences
Signing — the tenant signs the notarial deed in the presence of the notary
Issuing copies — the notary issues certified copies of the deed (usually 2-3: for the tenant, the landlord, and the notary's files)

The entire notary visit typically takes 20-40 minutes. If the tenant is a foreigner and does not speak Polish sufficiently, a sworn translator must be present.

How Much Does It Cost at a Notary?

The cost of drawing up the declaration of submission to enforcement is regulated by the Minister of Justice's regulation on maximum notarial fee rates. The total cost comprises:

Notarial fee — maximum 1/10 of the minimum wage. In 2026, the minimum wage is 4,666 PLN, so the maximum fee is approximately 466.60 PLN
VAT 23% — added to the notarial fee (approximately 107 PLN at the maximum rate)
Copies of the notarial deed — 6 PLN + VAT per started page. With 2-3 copies of 2 pages each, this amounts to approximately 30-55 PLN

Total cost is usually between 250 and 600 PLN, depending on the notary office. It is worth comparing prices at several notaries — rates can differ, though they cannot exceed the statutory maximum.

Some offices offer package prices that also include the preparation of the alternative premises owner's declaration — it is worth asking about this.

Who Bears the Costs?

The law does not specify who should pay for the notarial deed. In practice, the tenant most commonly bears the cost, since it is the tenant who makes the declaration. However, the parties can agree to split the costs — for example, equally or entirely at the landlord's expense. It is advisable to settle this before signing the tenancy agreement.

What Should a Proper Declaration Contain?

A proper declaration of submission to enforcement must contain the following elements:

Tenant's details — full name, PESEL number, residential address, ID card series and number
Landlord's details — full name, address
Address of the rented premises — exact address of the apartment being rented
Commitment to vacate and empty the premises — within the deadline specified in the landlord's written demand with an officially certified signature
Indication of alternative premises — address where the tenant will move after the tenancy ends
Legal basis — reference to Article 19a(2)(1) of the Tenants' Protection Act and Article 777(1)(4) of the Code of Civil Procedure
Period of validity — the declaration should be linked to the duration of the tenancy agreement

The notary will ensure the correct content of the declaration — you do not need to prepare a draft yourself. Simply provide all the necessary data.

Frequently Asked Questions About the Declaration

Can the declaration be revoked?

No. The declaration of submission to enforcement is irrevocable during the term of the tenancy agreement. The tenant cannot unilaterally withdraw it.

Does the declaration need to be renewed?

The declaration is valid for the period indicated in its content. If the tenancy agreement is extended, a new declaration must be drawn up at the notary.

What if I change my alternative address?

If during the tenancy you lose the ability to reside at the indicated address, you have 21 days to indicate a new address. You do not need to draw up a new notarial deed — a written statement with the new address and the consent of the new premises owner is sufficient.

Summary

The declaration of submission to enforcement is the essential and most important element of occasional tenancy. Although it requires a notary visit and costs in the range of 250-600 PLN, it provides legal security for both parties to the agreement. The landlord gains confidence that they will quickly recover the premises after the agreement ends, while the tenant has clearly defined rules of cooperation and protection against unjustified termination during the tenancy.

If you need an alternative address for the declaration — contact us. We will help you prepare all the documents needed to conclude an occasional tenancy agreement.

Declaration of Submission to Enforcement — What Is It and How to Obtain It?