Occasional lease: with or without a notary? It depends on what we’re talking about

Kancelaria notarialna

Occasional rental is a special form of real estate rental that was introduced to increase the protection of apartment owners. In case of problems with the tenant, the landlord may use a simplified eviction procedure. Does such an agreement have to be concluded with a notary?

Occasional rental was introduced into the regulations a few years ago. Since then, the requirement to conclude an agreement in this formula appears more and more often in real estate rental offers. It is beneficial primarily for the owner of the apartment (landlord), but the cost of concluding such an agreement is usually borne by the tenant, so occasional rental is less desirable from his point of view.

What is an occasional rental agreement?

Occasional lease allows you to quickly evict a tenant without conducting court eviction proceedings. This means that in a situation where, after the end of the contract, the tenant does not want to leave the premises for some reason, his eviction is much easier, among others: without the need to provide social housing.

This is possible because, before concluding the lease agreement, the tenant submitted to a notary a declaration of voluntary submission to enforcement and indicated the address to which he or she will move after the end of the agreement.

The agreement in question also brings certain benefits for the tenant: it gives him certainty as to the terms of the lease and the duration of the agreement. The tenant knows that he will not be suddenly forced to leave the premises without justification.

Does an occasional lease agreement have to be drawn up by a notary?

Does drawing up an occasional lease agreement require a notarial deed? No: only written form is required under pain of nullity. The most important features of the agreement in question:

  • The occasional rental agreement must be concluded in writing. If concluded orally, it will have no effect.

  • All changes introduced in the contract should also be confirmed in writing.

  • The contract must be concluded for a specified period of time, but no longer than 10 years.

Annexes to the notarial deed agreement

Nevertheless, a notary is involved in the process. This has to do with the attachments that must be submitted. One of them requires the form of a notarial deed. The entire document consists of four parts:

  1. occasional rental agreements

  2. Annex No. 1: tenant’s declaration of submission to enforcement in the scope of emptying and handing over the premises

  3. Annex No. 2: indicating by the tenant another premises to which to move in the event of enforcement

  4. Annex No. 3: declaration of the owner mentioned in Annex No. 2 another premisescontaining written consent for the tenant to live there.

Annex No. 1, which contains a declaration of submission to enforcement, must be prepared in the form of a notarial deed. The second and third annexes must be in writing and this is sufficient for their validity, however, some landlords expect that the third annex must have a notarial signature of the owner or the person with legal title to another premises where the tenant will live in the event of foreclosure. Thanks to this, the landlord feels more confident that the tenant is not lying about the address where he can be evicted.

Occasional lease: who must appear at the notary?

Due to the nature of Annex No. 1, the tenant must appear at the notary because he is the one who voluntarily submits to enforcement. The landlord does not have to appear at the office, especially since the tenant is obliged to provide the documentation.

It is worth noting that the occasional lease agreement with a notary is prepared by the interested party himself, so it comes with ready-made annexes.

To sum up:

  • Signing an occasional lease agreement does not require the participation of a notary.

  • The annex, which concerns the tenant’s declaration of submission to enforcement in the scope of emptying and handing over the premises, is different. The tenant should appear at a notary to sign such a document.

  • There is nothing stopping the entire occasional lease agreement from being concluded in the form of a notarial deed – this happens when the landlord wants the agreement to be 100% correct. However, there is no such necessity.

  • The regulations provide that the landlord is obliged to cover the costs of preparing the annex to the notary, but in practice this cost is often passed on to the tenant. The parties may divide it into two.

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