Occasional Tenancy Agreement — Basic Requirements

An occasional tenancy agreement must be concluded in writing under penalty of nullity. This means that an oral or implied agreement will have no legal force as occasional tenancy — it will be treated as a regular lease. This requirement stems from Article 19a(6) of the Act on the Protection of Tenants' Rights.

A properly drafted occasional tenancy agreement should be detailed and unambiguous to protect the interests of both parties and avoid disputes during the tenancy. Below we discuss all the elements that such an agreement should contain.

Party Details

The agreement should contain complete and accurate identification data of both parties:

Landlord — full name, PESEL number, ID card series and number, residential address. If more than one person is the owner (e.g., a married couple), the details of all co-owners must be included
Tenant — full name, PESEL number (or passport number for foreigners), ID document series and number, residential address

It is important that the details match the identity documents. An error in personal data may later be raised as an objection during enforcement, so it is worth carefully verifying each entry.

If the landlord is represented by an authorized agent, a power of attorney should be attached to the agreement — preferably in notarial form.

Property Description

A precise description of the rented apartment is the foundation of a good agreement. The more accurately you describe the premises, the fewer misunderstandings in the future:

Exact address — street, building number, apartment number, postal code, city
Usable area — consistent with the notarial deed of purchase or the land and mortgage register
Number and type of rooms — e.g., 2 rooms, kitchen, bathroom, hallway
Floor — the story on which the apartment is located
Technical condition — general description of the premises' condition at the time of handover
Land and mortgage register number — confirms the landlord's ownership rights

It is recommended to prepare a handover protocol as an attachment to the agreement. The protocol should contain a detailed description of the premises' condition, a list of furnishings (with their condition), utility meter readings, and photographic documentation. The protocol protects both parties — the tenant against claims for pre-existing damage, and the landlord against unrecorded destruction when returning the premises.

Financial Terms

Precise determination of financial matters is crucial for a conflict-free tenancy:

Rent amount — exact monthly amount in Polish zloty, payment deadline (e.g., by the 10th of each month), the day from which the first rent is calculated
Security deposit — for occasional tenancy, the maximum is 6 times the monthly rent. The agreement should specify the deadline and conditions for deposit return (the law provides for return within one month of vacating, after deducting any outstanding amounts)
Additional fees — administrative fee to the housing community, utilities (electricity, gas, water, heating), internet, television. It is important to clearly specify which fees are included in the rent and which the tenant pays separately
Payment method — bank account number for transfers. Cash payment is allowed, but bank transfer gives both parties proof of payment
Rent increase rules — the agreement may provide for rent indexation, e.g., once a year by the inflation rate. This should be precisely recorded to avoid disputes
Late payment interest — the rate of interest for late payment can be specified (statutory or contractual)

Tenancy Period and Start Date

An occasional tenancy agreement is always concluded for a fixed term — maximum 10 years. There is no possibility of concluding an occasional tenancy agreement for an indefinite period — this is a statutory requirement.

The agreement should precisely indicate:

The start date of the tenancy (from when the tenant can use the premises)
The end date of the tenancy
Optionally — conditions for extending the agreement for another period

After the agreement expires, the parties may enter into a new occasional tenancy agreement, but this requires drawing up a new declaration of submission to enforcement at the notary (and bearing the associated costs).

Mandatory Attachments

This is the element that distinguishes occasional tenancy from regular rental. The agreement must be accompanied by three attachments:

Tenant's declaration of submission to enforcement — drawn up in the form of a notarial deed under Article 19a(2)(1). The tenant commits to vacating and emptying the premises within the deadline specified in the landlord's demand
Indication of alternative premises — the tenant's written statement containing the address where they will move after the agreement ends (Article 19a(2)(2))
Declaration of the alternative premises owner — written consent of the owner (or person with legal title to the premises) for the tenant to reside there (Article 19a(2)(3))

The absence of any of these attachments causes the agreement to lose its occasional tenancy character — it is treated as a regular lease with full tenant protection. The landlord should ensure all attachments are complete before signing the agreement.

Rights and Obligations of the Parties

A well-drafted agreement should define the rights and obligations of both the landlord and the tenant:

Landlord's Obligations:

Handing over the premises in a condition suitable for habitation
Maintaining the premises in proper technical condition
Carrying out repairs resulting from normal wear and tear
Ensuring the functionality of installations and building-related equipment

Tenant's Obligations:

Timely payment of rent and additional fees
Using the premises in accordance with its purpose (residential)
Taking care of the premises and its equipment
Carrying out minor repairs at own expense
Not transferring the premises to third parties without the landlord's consent
Complying with the housing community regulations

Termination Conditions

The agreement should precisely define cases of early termination. Under the Act, the landlord may terminate an occasional tenancy agreement when, among other reasons:

The tenant owes rent for at least 3 full payment periods, despite written notice with an additional one-month payment deadline
The tenant uses the premises contrary to its purpose or in a manner inconsistent with the agreement
The tenant sublets the premises without the landlord's written consent
The tenant lost the ability to reside at the alternative address and did not indicate a new one within 21 days
The tenant damages fixtures intended for common use or grossly violates house rules

The parties may also provide in the agreement for additional termination cases — e.g., the tenant's right to early termination with a 2-month notice period.

Additional Provisions Worth Including

Pet policy — whether the tenant may keep pets
Smoking policy — prohibition of smoking in the apartment
Insurance — whether the tenant is required to insure the premises for civil liability
Renovations and modifications — rules regarding changes to the premises (painting, hanging pictures, etc.)
Occupancy rules — how many people may permanently reside in the premises

Summary

A well-drafted occasional tenancy agreement is the foundation of a safe and conflict-free rental. It is worth taking the time to accurately describe all conditions — from finances, through rights and obligations, to termination conditions. Do not forget the three mandatory attachments and the obligation to report the agreement to the tax office within 14 days of the start of the tenancy.

If you need help preparing documents for an occasional tenancy agreement — particularly indicating an alternative address — contact us. We operate quickly and professionally.

Occasional Tenancy Agreement — What Should It Contain?