Najem okazjonalny in Poland: what a tenant signs, where they'd move to, and what it costs
A najem okazjonalny ("occasional lease") is a fixed-term lease of a flat, for at most 10 years, offered by an owner who is a private individual and doesn't rent out flats as a business (art. 19a(1), Tenants' Protection Act) [1]. What sets it apart from a standard lease are three attachments the tenant provides: a statement before a notary submitting to eviction, the address of another flat you would move to, and that flat's owner's consent (art. 19a(2)). The deposit can't exceed six months' rent (art. 19a(4)).
This guide explains each piece, how the lease differs from a standard one, what the notary costs and what to ask before you sign. Polish terms stay in Polish, because that's what you'll see in the contract.
The three documents the tenant attaches
The Act lists them "in particular", so a landlord may ask for more, but these three have to be there (art. 19a(2)) [1]:
- A statement in the form of a notarial deed (oświadczenie o poddaniu się egzekucji). In it you submit to enforcement and undertake to vacate and hand over the flat by the date the owner sets in a demand to vacate.
- The address of another flat (wskazanie lokalu) where you could live if the eviction had to be enforced.
- A statement from that flat's owner (or whoever holds a legal title to it) consenting to you and the people living with you moving in. If the landlord asks, the signature on it must be attested by a notary.
The lease itself isn't a notarial deed. It must be in writing, or it's void, and so must every change to it (art. 19a(6)).
The fallback address: what it means in practice
It's usually the flat of family or friends who agree to take you in. That's a real request: if an eviction were ever enforced, their place is where you'd go. Talk to them before the signing day, not on it.
Two things worth knowing:
- If you lose the option of living at that address (say your friends sell their flat), you have 21 days from learning about it to name a new address and bring a new consent from its owner (art. 19a(3)). Otherwise the owner may terminate the lease in writing with at least seven days' notice (art. 19d(5)) [1].
- The Act doesn't say the address has to be in Poland. If all you can give is an address abroad, ask the notary and the landlord beforehand whether they'll accept it.
How is najem okazjonalny different from a standard lease?
For this lease only the provisions of the Tenants' Protection Act listed in art. 19e apply, and only if the owner has notified the tax office [1]. The main differences:
| Standard lease (Tenants' Protection Act) | Najem okazjonalny | |
|---|---|---|
| Who lets | any owner | a private individual not renting out flats as a business (art. 19a(1)) |
| Term | fixed or open-ended | fixed only, up to 10 years (art. 19a(1)) |
| Deposit | up to 12 months' rent (art. 6(1)) | up to 6 months' rent (art. 19a(4)) |
| Rent rises | limits in art. 9, e.g. not more often than every 6 months (art. 9(1b)) | only on the terms in the contract (art. 19c(2)) |
| Charges besides rent | only "fees independent of the owner" (art. 9(5)) | fees independent of the owner, unless the contract says otherwise (art. 19c(1)) |
| If the tenant won't leave | the owner goes to court for a judgment, in which the court also rules on social housing (art. 14) | a written demand to vacate (at least 7 days), then an application to court for an enforcement clause on the notarial deed (art. 19d(2)–(4)) |
One point catches people out. A fixed-term lease can be terminated only in the cases the contract lists (art. 673 §3, Civil Code) [2]. If the contract names no case in which you can end it, you may be bound until the end of the term. Read that clause before you sign, not after.
In both kinds of lease the deposit comes back within a month of the flat being vacated, minus what you owe the landlord (art. 6(4), art. 19a(5)) [1]. Our guide to the full cost of renting in Warsaw covers the deposit and the monthly charges in more detail.
At the notary: what you sign and what it costs
At the notary you sign only your own statement submitting to enforcement. The notary reads the deed out before you sign and should make sure you understand what it says and means (art. 94 §1, Notaries Act) [3]. If you don't know Polish, the notary translates the deed personally or with a translator (art. 87 §1(1)). Ask in advance who arranges the translator and what it costs.
Costs that usually concern the tenant:
- The notary's fee for the statement is at most one tenth of the statutory minimum wage (art. 19a(7)) [1]. In 2026 the minimum wage is 4806 zł [4], so the cap is 480.60 zł. From 1 January 2027 the minimum wage is 4950 zł [5], so the cap is 495 zł. That's a ceiling, not a price: the fee is agreed with the notary and can be lower (art. 5 §1, Notaries Act) [3].
- Copies of the deed (wypisy): at most 6 zł per started page (§12(1), regulation on maximum notary fees) [6].
- Attesting the signature of the owner of your fallback flat, if the landlord asks for it: at most 20 zł for a signature on "powers of attorney and other documents" (§13(1)(b)) [6].
The Act caps the fee but doesn't say who pays it. Agree that with the landlord and put it in writing. Also ask the notary what is added on top of the fee (VAT, for example) before you book.
Worked example: what it costs to start a najem okazjonalny
A landlord offers a najem okazjonalny for 12 months at 3000 zł a month. You sign in October 2026.
| Item | Amount | Where it comes from |
|---|---|---|
| first month's rent | 3000 zł | lease (example) |
| deposit (kaucja) | 3000 zł | lease (example); the legal cap is 6 × 3000 = 18 000 zł |
| notarial statement | at most 480.60 zł | 2026 cap; plus whatever the notary adds |
| copies of the deed | at most 6 zł per page | ask how many pages |
| attesting your host's signature | at most 20 zł, if required | ask the landlord |
Without the notary costs that's 6000 zł. The other lines are ceilings or open questions, so ask the notary for a quote before you set your budget.
The tax-office notice: your check
The owner notifies the head of the tax office (urząd skarbowy) within 14 days of the start of the lease (art. 19b(1)). If you ask, they must show you the confirmation (art. 19b(2)). Without the notice, art. 19c and 19d don't apply, that is, the rules on charges, rent rises and the fast route to vacating the flat (art. 19b(3)) [1]. What that means in your situation is a question for a lawyer. Ask for the confirmation after two weeks; it's one message.
Checklist before you sign
- The landlord is a private individual and the owner. Check it in the land register; we explain how to check a flat's owner step by step. If someone signs on the owner's behalf, ask for a written power of attorney.
- The lease is in writing and has an end date no more than 10 years after the start (art. 19a(1), (6)).
- The deposit is at most six months' rent, and the lease says when you get it back (art. 19a(4)–(5)).
- Charges besides rent are spelled out: which ones, paid to whom, how they're settled (art. 19c(1)).
- There's a rule for rent rises: when and by how much (art. 19c(2)).
- There's a termination clause that gives you a way out too (art. 673 §3, Civil Code).
- The person whose address you give has agreed in writing, and you know whether the landlord wants their signature attested by a notary.
- You know who pays the notary and whether you need a translator.
- You pay nothing before seeing the flat and meeting the owner. See our rental scam checklist.
When a company is the landlord: najem instytucjonalny
An owner who rents out flats as a business can't use najem okazjonalny. The Act gives them the najem instytucjonalny ("institutional lease") instead (art. 19f(1)) [1]. You also sign a notarial statement submitting to enforcement, and you acknowledge that you have no right to social housing or temporary accommodation. You don't have to give a fallback address (art. 19f(3)). The demand to vacate must give you at least 14 days (art. 19i(3)(3)).
Questions to ask the landlord in Polish
Ask by phone or send them as a message. Our script for calling a landlord in Polish helps with pronunciation.
- Czy to będzie najem okazjonalny? Na jak długo?
- English: Will this be a najem okazjonalny? For how long?
- Czy jest Pan / Pani właścicielem mieszkania?
- English: Are you the owner of the flat? (Pan to a man, Pani to a woman)
- Jaki jest numer księgi wieczystej?
- English: What's the land register number?
- Jaka jest kaucja i kiedy ją zwracacie?
- English: How much is the deposit and when do you return it?
- Jakie opłaty są poza czynszem?
- English: Which charges are there besides the rent?
- Kiedy i o ile może wzrosnąć czynsz?
- English: When and by how much can the rent go up?
- W jakich sytuacjach mogę wypowiedzieć umowę?
- English: In which cases can I terminate the lease?
- Czy podpis osoby, której lokal wskażę, ma być poświadczony notarialnie?
- English: Does my host's signature need to be attested by a notary?
- Czy mogę wskazać lokal za granicą?
- English: Can I give an address abroad?
- Kto płaci notariuszowi?
- English: Who pays the notary?
- Czy prześle mi Pan / Pani potwierdzenie zgłoszenia umowy do urzędu skarbowego?
- English: Will you send me the confirmation that the lease was reported to the tax office?
What this guide doesn't cover
We don't quote Warsaw notary prices or say how often landlords offer najem okazjonalny: we have no primary source for either. We don't assess individual contracts. If the lease has clauses you don't understand, show it to a lawyer before you go to the notary.
RentalAgent is an AI assistant we're building for finding a rental in Warsaw. When you explicitly ask it to, it's meant to call landlords in Polish, telling them it's an AI assistant, and ask your questions about the flat before you go to a viewing. It won't read your contract for you and doesn't replace a lawyer. For now we're collecting sign-ups for early access.
Sources
- Ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego, tekst jednolity Dz.U. 2023 poz. 725, isap.sejm.gov.pl, accessed 23/09/2026
- Kodeks cywilny, tekst jednolity Dz.U. 2026 poz. 795, isap.sejm.gov.pl, accessed 23/09/2026
- Ustawa – Prawo o notariacie, tekst jednolity Dz.U. 2026 poz. 614, api.sejm.gov.pl, accessed 24/09/2026
- Rozporządzenie Rady Ministrów w sprawie wysokości minimalnego wynagrodzenia za pracę oraz wysokości minimalnej stawki godzinowej w 2026 r., Dz.U. 2025 poz. 1242, api.sejm.gov.pl, accessed 24/09/2026
- Rozporządzenie Rady Ministrów w sprawie wysokości minimalnego wynagrodzenia za pracę oraz wysokości minimalnej stawki godzinowej w 2027 r., Dz.U. 2026 poz. 1213, api.sejm.gov.pl, accessed 24/09/2026
- Rozporządzenie Ministra Sprawiedliwości w sprawie maksymalnych stawek taksy notarialnej, tekst jednolity Dz.U. 2024 poz. 1566, api.sejm.gov.pl, accessed 24/09/2026