Submission to enforcement in an occasional lease

Submission to enforcement in an occasional lease (in Polish: najem okazjonalny) concerns what happens after the agreement ends. At the notary office a notarial deed is drawn up covering voluntary submission to enforcement, in line with the requirements laid down in the regulations. This includes verifying the details, checking that the attachments are consistent and observing the formalities required by law.

What does enforcement under an occasional lease agreement involve?

Enforcement under an occasional lease agreement consists in relying on a notarial deed in which the tenant voluntarily submits to enforcement of the obligation to vacate and hand over the premises. For the landlord, this means an enforcement title under Article 777 § 1 of the Code of Civil Procedure which, once an enforcement clause has been appended — that is, once the court has confirmed that the deed can be enforced — allows further steps to be taken.

Submission to enforcement in an occasional lease applies only to residential premises and to an agreement concluded for a fixed term of no more than 10 years. In practice, when an apartment is rented out, the document sets out how to proceed once the lease agreement has been terminated or has expired. A notarial deed is required only for the tenant’s declaration.

How do we prepare the notarial deed and the attachments to an occasional lease agreement?

The act takes place at the notary office, and the deed is usually drawn up at the same time as the agreement is signed or before the premises are handed over. The declaration is signed by the tenant alone, and the notary confirms the tenant’s identity on the basis of a document provided for in the regulations. The landlord’s presence usually makes it easier to coordinate the signatures but, as a rule, is not necessary for the deed itself to be drawn up. Before the visit you can send the draft agreement and the parties’ details so that the completeness of the documents can be checked.

The set of documents comprises:

• the occasional lease agreement in ordinary written form, which specifies the term of the lease and the conditions for using the premises,
• the tenant’s declaration in the form of a notarial deed, which is the basis for enforcing the obligation to vacate and hand over the premises,
• the tenant’s indication of alternative premises, which specifies the premises the tenant is to move to once the lease has ended,
• the consent of the owner of the alternative premises to the tenant living there; on request, the signature on this declaration may be certified by a notary.

The deed is an official document, and its original remains at the notary office for 10 years. This means that the document is kept at the office and that official copies of it can be obtained when they are needed for further steps.

How can you tell that the submission to enforcement is effective?

Whether the declaration is correct depends on its content, not merely on the heading of the document. The tenant’s declaration should clearly state the voluntary submission to enforcement after the agreement has been terminated or has expired, and the obligation to vacate the premises. The parties’ details, the address of the premises and the address of the alternative premises must be consistent in all attachments.

The following elements matter in the documents:

• the legal basis arising from Article 777 § 1 of the Code of Civil Procedure,
• consistency of the documentation relied on by the landlord,
• a formal check before the documents are signed for any deficiencies in the attachments,
• a notarial act relating to a specific agreement rather than to a general template.

If you are planning an occasional lease, you should prepare the details and the draft agreement and arrange a date for drawing up the deed.

Key information about submission to enforcement in an occasional lease

• Submission to enforcement in an occasional lease is based on a notarial deed in which the tenant voluntarily submits to enforcement of the obligation to vacate and hand over the premises after the agreement ends.
• The documentation requires a complete set of consistent documents: the occasional lease agreement, the tenant’s notarial deed, the indication of alternative premises and the consent of their owner.
• The notarial deed and the verified attachments together form the documentation for enforcement under Article 777 § 1 of the Code of Civil Procedure.