Why is the declaration of consent your “peaceful sleep”?
Renting out an apartment is a great way to build capital, as long as you do not let a troublesome tenant keep you up at night. In Polish law, a tenant is strongly protected, which in a “standard lease” can mean years of fighting to regain your own premises. As an owner, you must act strategically. The solution is occasional tenancy — a mechanism that removes from you the burden of providing social housing to a person who does not pay rent.
The heart of this protection is the declaration of consent for the tenant to reside at another address. From my experience, this is not just “another piece of paper”. It is one of the three foundations without which the whole agreement loses legal force. Without it, you become defenseless against tenant-protection regulations.
“So What?” analysis: This document is your guarantee that the bailiff will not shrug during eviction. In the traditional mode, the municipality must provide social housing, which can take years. The substitute-premises owner’s declaration makes this stage completely skipped, and the procedure starts immediately.
What exactly is the declaration of consent to reside?
It is a written declaration by the owner of another premises (e.g., a third party or a company), who undertakes to accept the tenant under their roof if you have to evict them. It is evidence for the court and the bailiff that the substitute address is real and not invented for the purposes of the agreement. Under the law, the document must include:
- Details of the substitute premises owner (name, PESEL/NIP).
- The exact address of the property where the tenant will go.
- Details of the tenant (and the people living with them).
- Reference to a specific occasional tenancy agreement.
“So What?” analysis: This document removes from the municipality the duty to provide social housing. If the tenant does not leave voluntarily, you provide this address to the bailiff, which drastically shortens the time of your fight to regain control over your asset.
Formal requirements: do not confuse the declaration with a notarial deed
As an advisor, I often see landlords getting lost in the terminology. Let’s clarify it once and for all:
- The tenant’s declaration of voluntary submission to enforcement (so-called “777” — Art. 777 KPC): This must be a notarial deed made by the tenant.
- The substitute premises owner’s declaration (our hero): This is an appendix to the agreement. Under Art. 19a sec. 2 point 3 of the act, a written form is sufficient, but I strongly recommend a notarized signature certification.
“So What?” analysis: By requiring a notarized signature certification, you eliminate the risk that the tenant “signed for their aunt”. The court will grant enforceability much more efficiently when the document is credible. Remember: the lack of a proper declaration makes occasional tenancy a standard lease, and you lose the entire protection.
The “family address” trap — why you should be careful
Indicating a mother’s or brother’s apartment is the most common choice for tenants. However, from the owner’s perspective, it is walking on thin ice. A private person can withdraw consent at any time, die, or sell the property. If the tenant loses the right to the substitute premises, they have 21 days to indicate a new address and deliver a new consent.
“So What?” analysis: If they do not do this, you have the right to terminate the agreement in the 7-day mode. But how will you know that the aunt sold the apartment? It is hard to control. The lack of a real address at the moment of eviction is the biggest strategic risk — the procedure may get stuck.
How to secure the tenancy professionally (Solution in 24h)
If your tenant does not have their own substitute premises or you want to avoid the risk of a “family declaration”, I recommend using a professional service (Najem Okazjonalny 24). For up to 350 PLN you receive a full guarantee of an address that no one will withdraw. This is the cheapest insurance policy for your wallet.
Step by step, how to obtain a professional declaration:
- Order: The tenant or you fill out a simple online form.
- Payment: The fee (up to 350 PLN) provides an address for the entire lease term.
- Execution: The service prepares the declaration with a notarized signature certification by the apartment owner.
- Delivery: The ready, legal document is sent to a parcel locker usually within 24 hours.
“So What?” analysis: A professional company will not “disappear” or change its mind due to emotions. You are sure the declaration is prepared flawlessly by experts, which guarantees fast granting of enforceability by the court within up to 3 days from submitting the application.