You’ve probably heard at least one story about a tenant who does not pay the rent and won’t move out for years, living at the expense of the landlord who has no legal way to resolve the situation. Such stories happen more likely when someone signs a regular rental agreement with an unreliable tenant. However, you can protect yourself against this possibility by choosing a legally better option: the occasional rental agreement. Read what it is and how Rendin makes it even better.
The legal basis that regulates occasional renting is the Act of 21 June 2001 on the protection of tenants' rights, the gmina's housing stock and on the amendment of the Civil Code, specifically its articles 19a - 19e.
It regulates the requirements that must be met for the contract to legally become an occasional lease: the premises must be intended for residential purposes, and their owner, a natural person, cannot conduct business in the field of real estate rental. Occasional leases can only be signed for a fixed period of up to ten years.
The occasional rental agreement protects the landlords better than the regular rental agreement, especially in the event of an extreme problem such as the tenant's refusal to move out of the apartment despite the termination of the contract. Therefore, through the Rendin platform, we currently offer the possibility of concluding only occasional rent agreements, which allows us to even better secure our clients' lease relationships.
When signing an occasional rental contract, the tenants indicates the address to which they will move out when the contract ends. They undergo submission to voluntary enforcement (read eviction from the premises, editor's note) in the form of a notarial deed. As a result, our legal team ensures leading the landlord through the eviction procedure swiftly and effectively, should it be necessary. While the procedure is underway, the landlord receives regular rent amount payments based on Rendin’s warranty. We can thus safely say that we have made occasional renting even better by combining it with our service. Right now it is the best protection available on the market
– adds Piotr Kula.
Why is an occasional rental agreement better than a regular one for some landlords? First of all, because it prevents the application of many provisions of the aforementioned Act on the protection of tenants' rights, the gmina's housing stock and on the amendment of the Civil Code, which some dishonest tenants use against landlords. Thanks to this, the relationship between the tenant and the landlord is subject to the provisions of the Civil Code.
The most important rule that does not apply to occasional renting is the obligation to provide the tenant with social housing in the event of an eviction. The bailiff cannot evict a tenant who has nowhere to go, and in some cases, it may be impossible for the gmina to provide the tenant with social housing. When signing an occasional rental contract, the tenant must provide a declaration of where they will move if the contract is terminated and voluntarily submit to possible enforcement. All this is confirmed by a notary. In practice, this means that eviction under an occasional rental agreement is much faster than a regular rental agreement. Depending on the situation's complexity and the court's workload, it should be completed in a few months.
Formally, the occasional rental contract differs from the regular agreement only in a few provisions and must meet the following conditions:
It is signed for a specified period, up to 10 years.
The premises must be meant for housing purposes.
The owner is a natural person who does not conduct business in the field of real estate rental.
It is also necessary to attach the following declarations:
An indication of replacement housing the tenant will move to after the end of the contract.
The above-mentioned housing owner’s declaration that they will accept the tenant moving in.
The tenant's declaration of voluntary submission to eviction enforcement.
The last document, i.e. the tenant's declaration of voluntary submission to eviction enforcement, must be drawn up in the form of a notarial deed. It is very important and necessary for the occasional lease to become legally valid, and thus guarantee effective eviction.
PLEASE NOTE: The occasional rental contract has to be reported to the appropriate Tax Office within 14 days from the date it comes into force. Otherwise, it will not be valid.
The act does not regulate which party is to bear the cost of the notarial deed when drawing up an occasional rental agreement. However, it does indicate the maximum rate, which may not exceed 1/10 of the minimum salary. In 2022, it is 3010 PLN gross, so you can expect a fee not higher than 301 PLN. Usually, the cost falls on the landlord, mainly because it is the landlord’s interests that are secured better thanks to the contract The parties may, however, agree to handle this differently. Remember that occasional rental contracts, although they primarily protect the landlord, also bring benefits to the tenant. The most important one is the provision that the landlord can only increase the rent if both parties agree to do so by signing a contract.
Our mission is to make the rental relationship secure, and although we resolve most of our clients' problems in an amicable way, it can never be ruled out that an issue becomes serious enough to warrant the tenant getting evicted by a bailiff. Therefore, to ensure that Rendin’s legal team can provide better support in the eviction process to landlords, only occasional rent agreements are available through the Rendin platform.
By signing occasional rent agreement on our platform, the landlord can be sure that the eviction will be effective. In addition, they will receive funds for rent and bills from Rendin, which they could not count on with an occasional lease but without Rendin. To be sure that the enhancement of our services with occasional renting will meet the highest possible standards, the entire process was carried out in cooperation with Borysław Pasierbski, an expert on the rental market and author of the wynajemca.com.pl website.
Occasional renting is currently the best legal instrument for protecting the landlord. I cannot imagine renting out a property without using this form of contract. The awareness of potential threats is growing, and so is landlords’ interest in protecting themselves from such risks. It makes me happy that by working with Rendin we can respond to those needs and contribute to improving the conditions in the Polish rental market
– said Borysław Pasierbski, the expert who leads the wynajemca.com.pl portal.
Landlords and tenants will automatically receive templates for the declarations and notifications to the Tax Office when they sign a contract on the Rendin platform.