Summer is not only holiday time – for many people, especially students, it is also the season of looking for a suitable apartment to rent. In this post we discuss what the whole procedure looks like, what its individual stages are and when you need to visit a notary.
Tenant versus landlord
To begin with, it is worth clarifying the terminology to avoid misunderstandings. The tenant is the person who, for a fee, rents premises (an apartment or a house) and becomes their occupant. The landlord, in turn, is the owner or manager of the premises, entitled to rent out the apartment and derive regular income from it.
Occasional lease – what is it?
The occasional lease (najem okazjonalny) is a legal institution designed to give the landlord additional security against a dishonest tenant. Concluding occasional lease agreements is becoming increasingly common, as it brings a number of benefits. This type of agreement is displacing the classic lease regulated only by the provisions of the Civil Code. An occasional lease agreement should be drawn up in ordinary written form, concern residential premises and be concluded for a fixed term not exceeding 10 years.
Occasional lease – documents
The structure of an occasional lease consists, as a rule, of 4 elements – the lease agreement and its annexes:
- the tenant’s declaration of voluntary submission to enforcement in the form of a notarial deed,
- the tenant’s declaration indicating the premises where they will be able to live if enforcement takes place,
- and the declaration of the owners of those premises that they agree to take the tenant in after the termination or expiry of the lease agreement.
The notary’s mandatory involvement comes down to the tenant making the declaration of voluntary submission to enforcement, as only this declaration requires the form of a notarial deed.
Occasional lease – annexes
The annexes to an occasional lease agreement form an integral part of it.
The tenants’ declaration, which should be drawn up at least in ordinary written form, indicates the address to which they will move out after the termination or expiry of the lease agreement.
The declaration of the owners of the property indicated by the tenants should state that they consent to taking the tenants in if the lease agreement comes to an end. This declaration should also be drawn up at least in written form, although the landlord may demand a higher form, namely written form with a notarially certified signature. In that case, the document must be signed in the presence of a notary.
The last annex is the tenants’ declaration of voluntary submission to enforcement. To make such a declaration before a notary, only the tenant needs to appear. As a rule, the landlord’s presence is not required, but it is common practice to draw up the deed with both parties present in order to complete all the formalities. This is usually when all the documents are signed. The essence of the tenant’s declaration of voluntary submission to enforcement is their statement that, if the lease agreement is terminated or expires, they will remove all their belongings from the rented apartment and vacate it.
Summary
There is no need to fear the institution of the occasional lease. It is an agreement that protects both landlords and tenants. It is a good idea for the landlord to prepare the tenant for concluding such an agreement, i.e. to inform them which documents will be needed. It often happens that the address indicated by the tenant in the declaration of voluntary submission to enforcement is their family home located in another town. Obtaining the declaration with the consent of the owners of the indicated property may therefore take the tenant several days.
Regarding the costs of these services, we invite you to contact the office free of charge.