Occasional vs Regular Tenancy — What Are the Differences?
March 3, 2026
Occasional Tenancy vs Regular Tenancy — Introduction
The Polish real estate market features two main forms of apartment rental: regular tenancy (regulated by the general provisions of the Civil Code and the Act on the Protection of Tenants' Rights) and occasional tenancy (regulated by Articles 19a-19e of the Tenants' Protection Act). The choice between them has significant legal and practical consequences for both parties.
Many landlords and tenants are unaware of the differences between these forms, which leads to misunderstandings and problems. In this article, we discuss each difference in detail so you can make an informed choice about the best form of tenancy.
Form of Agreement
Regular tenancy can be concluded in any form — orally or in writing. The only exception is a lease for a period longer than one year — in that case, written form is required (otherwise the agreement is deemed to have been concluded for an indefinite period). In practice, written form is strongly recommended in every case, but formally an oral agreement is valid.
Occasional tenancy absolutely requires written form under penalty of nullity. This means that an oral agreement will produce no legal effects of occasional tenancy whatsoever. Furthermore, three mandatory attachments must be included: a declaration of submission to enforcement in the form of a notarial deed, indication of alternative premises, and the consent of their owner.
This difference in form has fundamental significance — occasional tenancy requires significantly more document preparation, but in return gives the landlord a much stronger legal position.
Who Can Be the Landlord?
Regular tenancy — the landlord can be any entity with legal title to the premises: natural persons, companies, foundations, municipalities, entrepreneurs. There are no restrictions on the parties.
Occasional tenancy — the landlord can only be a natural person who owns the residential premises and does not conduct business activity in the field of property rental. This important restriction eliminates professional landlords — they can use institutional tenancy (Article 19f of the Act), which offers similar benefits but without requiring an alternative address from the tenant.
In practice, this means that if you own one apartment for rental and do not run a registered rental business, you can enter into an occasional tenancy agreement. However, if you rent out several apartments as part of a registered business, this form is not available to you.
Agreement Period
Regular tenancy — can be concluded for a fixed term (any period, with no upper limit) or for an indefinite term. An indefinite-term agreement gives the tenant great stability but makes it difficult for the landlord to recover the premises.
Occasional tenancy — always for a fixed term, maximum 10 years. There is no possibility of concluding an indefinite-term agreement. After the agreement expires, the parties can sign a new one, but this requires a fresh declaration of submission to enforcement at the notary.
The 10-year limit comes from Article 19a(1) of the Act and is not negotiable. In practice, most occasional tenancy agreements are concluded for 1-3 years with an option to extend.
Eviction Procedure — The Key Difference
This is the most important and most practical difference between both forms of tenancy. It concerns the situation where the tenant refuses to vacate the premises after the agreement ends.
Regular Tenancy — A Long Court Road:
- Eviction lawsuit — the landlord must file a lawsuit with the district court (fee: 200 PLN)
- Court proceedings — can last from 6 months to even 2 years, depending on the court's caseload
- Examination of social housing entitlement — the court must examine whether the tenant is entitled to social housing (applies to pregnant women, minors, disabled persons, retirees, among others)
- Waiting for social housing — if the court grants the right to social housing, the municipality must provide it. Waiting can take additional months or years
- Winter protection period — eviction cannot be carried out from November 1 to March 31 (winter protection), unless alternative housing is provided
- Bailiff enforcement — only after all conditions are met can the bailiff carry out the eviction
Total time: from several months to even 3-5 years in extreme cases.
Occasional Tenancy — Simplified Procedure:
- Written demand to vacate — the landlord serves the tenant with a demand giving 7 days to empty the premises (officially certified signature)
- Application for enforcement clause — after the deadline passes without compliance, an application to the court for an enforcement clause on the notarial deed (the declaration of submission to enforcement). The court processes the application without a hearing
- Bailiff enforcement — the bailiff carries out the eviction to the address indicated by the tenant in the declaration
Total time: usually 2-8 weeks.
Key differences: no obligation to provide social housing (the tenant indicated one themselves), no winter protection period (eviction possible at any time of year), no full court trial (only the enforcement clause procedure).
Tenant Protection During the Agreement
Contrary to popular belief, occasional tenancy does not deprive the tenant of protection during the agreement:
- The landlord cannot arbitrarily terminate the agreement — termination is only possible for reasons specified in the Act (rent arrears, property damage, subletting without consent, etc.)
- Rent increases — only possible on terms specified in the agreement
- Right to peaceful enjoyment — the landlord cannot enter the premises without prior arrangement
The difference in protection appears only after the agreement ends — under occasional tenancy, the tenant cannot count on social housing and the winter protection period because they indicated an alternative address themselves.
Formal Obligations
Regular tenancy:
- No obligation to report the agreement to the tax office (though rental income is subject to lump-sum taxation)
- No notarial deed requirement
- Minimal formalities — a written agreement is sufficient
Occasional tenancy:
- Mandatory reporting to the tax office within 14 days — failure to report = loss of occasional tenancy status
- Declaration of submission to enforcement in the form of a notarial deed (cost 250-600 PLN)
- Indication of alternative address + declaration of that premises' owner
Comparison Table
| Feature | Regular Tenancy | Occasional Tenancy |
|---|---|---|
| Agreement form | Any (written recommended) | Written + notarial deed |
| Who can rent | Any entity | Natural persons only (no business) |
| Period | Fixed or indefinite | Fixed only (max 10 years) |
| Eviction after agreement | Full court proceedings | Simplified enforcement clause procedure |
| Social housing | Court may grant | Not required |
| Winter protection period | Applies | Does not apply |
| Tax office report | Not required | Mandatory (14 days) |
| Initial costs | Low (agreement only) | Higher (notary 250-600 PLN) |
| Tenant protection during | Full | Full (the same) |
| Time to recover premises | Months to years | Weeks |
Which Form Is Better?
For the Landlord:
Occasional tenancy is clearly more advantageous. Despite higher initial costs (notary visit), it provides incomparably greater legal security. The risk of a dishonest tenant "squatting" is virtually eliminated. If you own a rental apartment as a private individual — occasional tenancy should be your default choice.
For the Tenant:
Both forms offer a similar level of protection during the agreement. However, occasional tenancy requires indicating an alternative address, which can be challenging — especially for people who moved from another city, foreigners, or those without family in a given location.
If this is exactly your problem — contact us. We offer a professional address provision service for occasional tenancy agreements, allowing you to quickly meet the legal requirements and rent your dream apartment.