Автор статьи
Ярослав Ланецкий
What is najem okazjonalny?
What is najem okazjonalny? Najem okazjonalny is a special form of residential lease agreement that allows the owner to better protect its interests by avoiding complicated eviction procedures for unscrupulous tenants.
This mechanism was introduced in Poland by the Act of June 21, 2001 on the Protection of Tenants’ Rights (Art. 19a-19f). The purpose is to provide a real legal possibility of eviction in case of breach of contract.
Key features of hiring okazjonalnego:
It is concluded only for a fixed term (up to a maximum of 10 years).
The tenant undertakes to voluntarily vacate the premises after the end of the lease term – this is confirmed by a separate notarized document.
It is obligatory to indicate an alternative address where the tenant can move to in case of eviction. (except for persons with UKR status and Ukrainian citizens who came to Poland after 24.02.2022) Legal basis:
Uproszczone warunki zawarcia umowy najmu okazjonalnego mieszkania przez obywateli Ukrainy art. 69 ustawy z dnia 12 marca 2022 r. o pomocy obywatelom Ukrainy w związku z konfliktem zbrojnym na terytorium tego państwa, ma ułatwić zawieranie umów najmu z obywatelami Ukrainy poszukującymi schronienia na terenie Polski.
The owner of the apartment must notify the tax office of the fact that the contract has been concluded within 14 days.
What documents are needed:
Fixed-term tenancy agreement (up to a maximum of 10 years)
- Notarized tenant’s obligation to voluntarily vacate the apartment (Rygor egzekucji do najmu okazjonalnego)
- Written consent of the person providing the alternative address for residence.
- Documents confirming the ownership of the person providing this alternative address.
- Certificate of energy performance of the apartment (Świadectwo charakterystyki energetycznej obligatory from 28.04.2023) – provided by the owner.
- Registration of the contract with the tax office (obligation of the owner).
Simplification for Ukrainians after 24.02.2022
Due to the war and the influx of Ukrainian refugees, the Polish government has introduced simplifications in legal procedures, including lease agreements.
Basic Facilitation:
Basic relief: Persons with the status of UKR and persons who came to the territory of Poland after 24.02.2022 can conclude a contract of najmu okazjonalnego without specifying an alternative address of residence – it is enough to indicate that it is not available due to objective circumstances (martial law, refugee status).
It is not necessary to provide the written consent of the owner of the other apartment, as it is required of Polish citizens – a simplified application form or indication of a temporary address is allowed.
A simplified form of notarial commitment is allowed, without the need for translation into Polish, if there is a sworn translator or both parties understand the language of the contract.
Some notaries in Poland accept simplified document packages for persons with UKR status.
Features for foreigners:
For Ukrainians who came to Poland before 24.02.2022, and for citizens of other countries, the classical requirements are mandatory:
Specifying an alternative place of residence.
- Written consent of the owner of the alternative accommodation.
- Document of ownership of the person providing the accommodation.
All documents are in Polish or accompanied by a sworn translator.
Risks and nuances:
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Without a notary, the agreement loses its validity as a najem okazjonalny - it is treated as an ordinary rental agreement.
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Without notification to the IRS within 14 days - the hire is not considered legally entered into.
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In the event of a conflict, the landlord can sue, but thanks to the voluntary vacating obligation, the process is much shorter.
Cost of confinement:
Cost of conclusion:Notary services – from 300 to 600 PLN.
Translation or presence of a sworn translator – from 200 PLN additionally.
Why use the services of RealConsult real estate agency?
Although you can draw up the contract yourself, we recommend using the services of RealConsult because:
we are licensed by the Polska Federacja Rynku Nieruchomości;
- we have executed lease agreements, which we always adapt specifically to each client;
- advice on simplifications;
- support at the notary;
- translation.
Ukrainians on the Polish real estate market
According to the GUS (General Statistical Office of Poland), in 2023:
Ukrainians concluded more than 120 thousand lease agreements;
- more than 35% are in the form of najmu okazjonalnego (due to simplification);
- in large cities (Warsaw, Gdansk, Krakow, Wroclaw) more than 40% of tenants are Ukrainian citizens.
Najem okazjonalny – the best option for renting from both sides: the landlord is protected, the tenant has stable conditions.
Ukrainians who arrived after 24.02.2022 have simplified conditions and can execute such an agreement easier than other foreigners.