Occasional tenancy – what is it and what should the agreement contain?

An agreement to let a flat for payment can be concluded in several ways. One alternative that is growing in popularity is the occasional tenancy (najem okazjonalny). No wonder, as this form brings benefits not only for the landlord, but also for the tenant. Are you wondering what an occasional tenancy is and what elements the agreement must contain? Read on and find out!

What does an occasional tenancy involve?

The occasional tenancy is regulated by the provisions of the Act of 21 June 2011 on the protection of tenants' rights, the municipal housing stock and amending the Civil Code. Under Article 19a(1) of that Act, the agreement covers the lease of residential premises for a fixed period not exceeding 10 years. An important point is that this form of letting a flat for payment is intended exclusively for private individuals who do not run a business connected with renting out flats.

What should an occasional tenancy agreement contain?

An occasional tenancy agreement is a legal document that should be drawn up in writing and contain several key elements. Below are the typical points that should be included in such an agreement.

1. Parties to the agreement – the exact details of the landlord and the tenant;
2. Description of the property – details relating to the flat, such as its address, floor area, number of rooms and other important features of the property;
3. Tenancy period - a clear statement of how long the agreement is concluded for;
4. Rent and additional costs - the amount of the rent and the rules for paying it. It should also be stated whether the amount includes charges for utilities or whether they are settled separately.
5. Terms of termination - a specification of the conditions under which the agreement may be terminated by the landlord or the tenant;
6. Safeguards for the tenant - an indication of the safeguards provided for the tenant if the landlord terminates the agreement;
7. Court consent - where required, information confirming that court consent to the conclusion of the agreement has been obtained;
8. Signatures of the parties – the document must be signed by both parties. It is preferable for the signatures to be given in the presence of a witness or a notary, which confirms the validity of the document.

Moreover, in an occasional tenancy agreement the tenant must indicate the residential premises to which they will move when the agreement is dissolved or terminated. Consequently, it is necessary to submit to the landlord a statement signed by the owner of the replacement flat.

Summary

The accuracy and clarity of an occasional tenancy agreement are crucial for avoiding possible conflicts and ensuring legal protection for both the landlord and the tenant. Are you looking for a professional to help you find a potential client? Knowing the specifics of the residential market, an estate agent in Katowice can effectively advise and support you in the rental process. So contact me today!