Occasional tenancy - what is it?

Renting out a flat always requires signing a suitable agreement that protects the interests of the owner, but also of the tenant. Completing the formalities is essential, because the matter must also be reported to the relevant office. Two types of agreement are used here: a tenancy agreement and an occasional tenancy agreement (umowa najmu okazjonalnego). These forms differ from each other in several important respects. What is occasional tenancy?

A landlord may conclude an occasional tenancy agreement with a tenant. It is not the same document as a "regular" tenancy agreement. It is intended for private individuals and, above all, protects the landlord's rights far more strongly.

This applies above all to the possibility of evicting the tenant when they do not meet the conditions set out in writing. It also allows immediate eviction when the term of the agreement ends. So what exactly does occasional tenancy involve?

Advantages and disadvantages of an occasional tenancy agreement

Like every type of agreement, this one has its pros and cons. In recent years there has been much talk of tenants who breach the terms of use of the premises and yet cannot be evicted. This is where occasional tenancy becomes useful. An occasional tenancy agreement allows the tenant to be evicted if they do not comply with its provisions. This covers, for example, failure to pay for the flat or serious damage to it. Hence more and more owners are opting for this form of letting. It is also worth adding that a regular agreement protects tenants from eviction during winter, for example. Occasional tenancy, however, makes no such provision, so if a tenant does not pay rent, they can be forced to leave the premises even in winter. A pregnant woman or a sick person can also be evicted. An estate agent handling the flat can always help with the formalities of an occasional tenancy, as they involve several important elements.

Does occasional tenancy have downsides? Definitely. Many people look for a flat for the longer term. They often want to be sure that they will not be left without a home overnight. Hence tenants will usually prefer a traditional tenancy to an occasional one. A definite downside of occasional tenancy is that it is harder to find people willing to move in on these terms. That is why the search for a tenant may take considerably longer.

What must an occasional tenancy agreement contain?

An occasional tenancy agreement must be concluded in writing. It is drawn up for a fixed term of no more than 10 years. Besides the necessary personal data, several important elements must be attached to the document:

• it must be stated where the tenant can live in the event of eviction from the rented premises,
• a declaration by the tenant is required, in which they undertake to submit voluntarily to enforcement within the specified time,
• the owner of that flat must attach a declaration in which they consent to the tenant living in the indicated flat in the event of eviction.

An agreement prepared in this way, with the necessary declarations, will be valid once signed by both parties.