Are you renting an apartment to someone? This will protect you from a dishonest tenant

What is an occasional lease? An occasional lease agreement concerns the lease of residential premises, in the case where the owner is a natural person who does not conduct business activity in the scope of renting premises. It can be concluded for a maximum period of 10 years, and when concluding it, a number of formalities must be completed.

Importantly, the contract must be accompanied by:

1. The tenant’s declaration of submission to enforcement and the obligation to vacate and surrender the premises within the time specified in the request in the form of a notarial deed;

2. A statement by the owner of the premises or a person holding legal title to the premises expressing consent to the residence of the tenant and the persons living with him.

It is also necessary to indicate another premises where the tenant will be able to live in the event of enforcement.

Termination

The lease agreement expires after the period for which it was concluded or is terminated after the notice period. After the expiry or termination of the agreement, if the tenant has not voluntarily vacated the premises, the owner shall deliver to the tenant a request to vacate it, which must be made in writing, specifying the deadline for doing so (no shorter than 7 days from the date of its delivery).

If the deadline expires without effect, the owner is entitled to submit an application for the issuance of an enforceability clause for the notarial deed covering voluntary submission to enforcement regarding the voluntary vacating of the occupied premises.

Application for granting an enforceability clause

The application for granting an enforcement clause should be accompanied by a summons addressed to the tenant, along with proof of its delivery, and a document confirming the legal title to the premises held by the owner. In such a situation, the Court should consider the application for granting an enforcement clause immediately, but no later than within 3 days from the date of its submission.

Exclusion of protective provisions

If an occasional lease agreement is concluded, it should be remembered that the statutory provisions relating to it exclude the provisions on the eviction of tenants, as well as abolish the protection period preventing eviction during the winter and the provisions protecting pregnant women and minors against eviction.

The prospect of occasional lease seems to be a safe form of renting a residential premises. However, it is important to remember to precisely specify the terms of the agreement, i.e. the rights and obligations of the parties, and in particular the circumstances that are the basis for terminating the agreement.

An occasional lease agreement requires many formal conditions to be effective, which inevitably involves incurring higher costs at the time of its conclusion. It should be emphasized, however, that it undoubtedly protects the interests of the parties in a comprehensive manner.

Author: Aleksandra Tomczyk, Graś and Partners Law Firm