What does the process of signing an occasional tenancy agreement look like from the tenant’s side

What does the process of signing an occasional tenancy agreement look like from the tenant’s side?

Occasional tenancy is a form of renting a flat that gives the owner more protection than a standard tenancy agreement. From the tenant’s point of view, this means that apart from the agreement itself, additional documents also need to be prepared. The process is not difficult — you just need to follow the correct order.

Under the law, an occasional tenancy agreement must be accompanied by the tenant’s statement in the form of a notarial deed and an indication of another dwelling together with the consent of the owner of that dwelling or a person holding legal title to it. Without these documents, the owner does not have a complete set of formalities required for occasional tenancy.

What documents are needed?

In practice, the whole process is based on 4 formal elements contained in 3 main documents. The most important ones are: the occasional tenancy agreement, the notarial deed with the tenant’s statement on submission to enforcement, and the statement of the owner of another dwelling or a person holding legal title to that dwelling.

Important: the tenancy agreement itself is signed first, and only afterwards are the missing statements provided. The deadline for submitting them is most often 7 or 14 days, but the binding deadline is always the one written into the agreement.

What does the process look like step by step?

1. You choose a flat.
   You view the flat, decide that you want to rent it, and the owner agrees to let it to you.
2. You sign the tenancy agreement.
   First, the occasional tenancy agreement itself is signed. Only after that are the remaining statements delivered.
3. You provide the missing documents.
   After signing the agreement, the tenant has time to deliver the remaining documents. Most often this is 7 or 14 days, but you should always check the exact deadline written into the agreement.
4. A document from another property owner is prepared.
   You need a statement from the owner of another dwelling, that is, a person who confirms that if necessary you will be able to indicate that address as the place to move out to. The law allows not only the owner, but also a person holding legal title to the dwelling.
5. You go to a notary.
   Once the document from the other property owner is ready, you take it together with the agreement to a notary to prepare the statement on submission to enforcement. This is a mandatory element of occasional tenancy.
6. You hand the documents over to the owner.
   At the end, you provide the owner with the two missing documents: the statement from the owner of another dwelling and the notarial deed. Once the formalities are completed, you can move in.

Where can you get an address for occasional tenancy?

• from family,
• from friends,
• or by ordering it from a company that prepares such a document legally.

What to do if you do not have an address from another property owner?

This is the most common problem in occasional tenancy, especially for foreigners. If you do not have family, friends or your own property in Poland, such a document can be prepared legally — provided that it is signed by the real owner of a real property and the data can be verified.

We prepare such a document as a legally registered company in Poland:

• R&L Estate (Radzivon Tsitko)
• NIP: 5214033689
• REGON: 526194043

If you have any questions or doubts:

• Phone: +48 512 286 639
• E-mail: info@najemokazjonalny24.pl

How much does the whole process cost?

The costs on the tenant’s side look as follows:

In practice: if you already have an address from family or friends, you only pay for the notarial deed. If you do not have an address, the total cost at the prices listed above is 941 PLN.

What should you check before ordering such a document?

Before placing an order, make sure that the document includes:

• the indicated owners of the dwelling,
• their full personal details,
• the land and mortgage register number.

It is also worth checking whether such a land and mortgage register actually exists and whether the owners’ details match the document. This is the most important element of verification.

Note: the document is safe only if it is not fictitious and the owner’s and property’s details can actually be verified.

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