An occasional lease is a special type of apartment lease concluded for a fixed term by a private owner who does not conduct business activity in the field of letting. The contract is accompanied by: the tenant’s statement, in the form of a notarial deed, on submission to enforcement (with respect to vacating the premises), indication of a replacement dwelling and the consent of the owner of that dwelling. This set of documents increases predictability and makes it easier to recover the premises when the lease expires or is terminated.
It is a model that structures the relationship between the parties from the very beginning. The landlord provides a dwelling, and the tenant – in addition to the lease itself – gives additional statements and indicates a place they can move to if they are obliged to leave the rented apartment. Thanks to this, the mechanism for enforcing the return of the premises is simpler than in a standard lease.
The key defining features:
- Parties and purpose: the owner is a natural person (who does not run a business in the field of letting) and the premises are used for residential purposes.
- Duration: the contract is concluded for a fixed term (as a rule no longer than 10 years).
- Attachments and statements: these are what give the lease its “occasional” character.
What gives the lease its “occasional” status?
To be able to talk about an occasional lease, the wording of the document alone is not enough. Three elements accompanying the contract are necessary:
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The tenant’s statement on submission to enforcement (notarial deed). The tenant confirms that, once the conditions set out in the contract have been met and the landlord has issued a demand, they will vacate the premises and hand them over. The form of a notarial deed gives this statement particular “strength” – in practice it shortens the path to enforcing the obligation to vacate the flat.
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Indication of a replacement dwelling. The tenant gives a specific address to which they will be able to move if they have to leave the rented premises. This requirement prevents the “I have nowhere to go” situation that blocks the return of the flat.
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Consent of the owner of the replacement dwelling. The person who controls this dwelling gives written consent to the tenant’s possible move there. The consent should clearly identify the persons and the address and leave no room for doubts in interpretation.
This set of documents – together with the fact that the contract is for a fixed term and concluded by a natural person – forms the core of the definition of an occasional lease.
Who uses this form and when?
Occasional lease is chosen primarily by landlords who care about greater security and predictable procedures when the lease ends. The model works well when:
- a longer horizon is planned (e.g. a year or two or more),
- the parties want to clearly regulate the scenario of returning the flat after the contract expires,
- the tenant accepts an additional, one-off formality (a visit to a notary and gathering the statements).
For the tenant, this means transparent rules and a clear list of requirements right at the beginning of the relationship – this makes it easier to avoid disputes about procedures.
Form and time frame – what you need to know at the definition level
- The contract is always for a fixed term. The absence of a specified end date excludes this form.
- Maximum term: as a rule no longer than 10 years.
- Consistency of documents: the statements and consent must correspond to the content of the contract (the same parties’ details, addresses and premises identifiers).
- Archiving: the documents are kept together with the contract so they can be used quickly if needed.
What is NOT an occasional lease? – common misunderstandings
- Letting by a company or a natural person conducting business in the field of letting – this is a different legal regime.
- A contract without attachments (statements, indication of premises, consent) – the title alone is not enough.
- A contract for an indefinite time – the lack of an end date excludes this construction.
How does the mechanism work in practice? (definition scenario)
Let’s assume that a landlord who is a natural person wants to rent out a flat for 24 months. Before the parties sign the contract, the tenant:
- makes a statement on submission to enforcement before a notary,
- indicates a replacement dwelling (address),
- provides the consent of the owner of that dwelling.
Once these documents are attached, the parties sign the contract and the handover protocol. If, after 24 months, the tenant does not vacate the premises voluntarily, the landlord can base further action on the tenant’s statement and more efficiently bring about the vacating of the flat.
The most common doubts about the definition itself
- Does an occasional lease apply only to residential premises? Yes. The definition refers to a dwelling used for residential purposes.
- Who can be the landlord? A natural person who does not conduct business in the field of letting premises.
- Does the replacement dwelling have to belong to the tenant? No. A specific address and written consent from the person who controls the dwelling are enough.
- Is the statement in the form of a notarial deed an absolute requirement? Yes. Without this document and the other attachments, an occasional lease as discussed here does not arise.
- Does the landlord have to appear before the notary? In principle, it is the tenant who makes the statement. The landlord’s presence is not required unless some other document is to be certified.
Summary – the essence of the answer to “what is an occasional lease?”
An occasional lease is a residential lease agreement for a fixed term concluded by a landlord who is a natural person, reinforced by three key attachments: the tenant’s notarial statement on submission to enforcement, the indication of a replacement dwelling and the consent of its owner. This set of elements gives the structure its special character and makes it easier to enforce the vacating of the premises when the lease ends.