Unfortunately, there are situations in which clients contact our real estate office in Warsaw – Concierge House, because they have previously rented their own apartment and found a dishonest tenant, using the legal system which did not sufficiently protect the landlord. Most often such a tenant stops paying for the apartment and at the same time does not want to leave it. This in practice results in large financial losses and often a long-lasting and very stressful situation for the owner, who cannot remove the dishonest tenant for a long time. Clients who have finally managed to solve the problem with an earlier, dishonest tenant turn to us to help them find the best possible and honest tenant. In our work we pay special attention to verify the tenant’s solvency and honesty. If we receive any disturbing signals from a potential tenant, we check them, not underestimate them. Certainly, one of the elements which verifies the future tenant and additionally secures the owner of the apartment is the occasional lease agreement, which we offer our clients. At the same time, we conduct the whole process of concluding such an agreement and prepare all necessary documents.
After the expiration or termination of an occasional lease agreement, if the tenant has not voluntarily vacated the premises, the landlord may be able to “get rid” of the nuisance from his or her own apartment more efficiently than is the case with an ordinary agreement. If the tenant does not leave the premises after the termination of the agreement or its expiry, the landlord gives him/her a written request to vacate the premises. If the tenant does not comply with this request, the landlord may apply to the court for a clause of enforceability of the notarial deed, which is an annex to the agreement – i.e. a declaration of voluntary submission to enforcement by the tenant. The court examines the complete application (with a copy of the request to vacate the premises, confirmation of its delivery and confirmation of the lease notification to the tax office) within 3 days, and then may launch an accelerated procedure to obtain an eviction order.
Apart from the above, stricter formal requirements, the basic difference between an ordinary lease agreement and an occasional lease is that the occasional lease agreement applies only to a residential unit. It cannot be used to rent e.g. service premises, garage, etc. Occasional lease also applies only to the entire apartment, we cannot conclude such an agreement for renting e.g. a room. Another aspect is the difference in the period for which the contract is concluded. An ordinary apartment lease agreement may be concluded for an indefinite period of time, while an occasional lease agreement may be concluded for a fixed period of time, not exceeding 10 years, and after its expiry it may be extended for a maximum of another 10 years.
In order to be able to submit such a statement, the tenant should own any other residential unit in Poland. Such a statement may also be submitted by a family member or friend of the tenant. In practice, such statements are usually made by the tenant’s parents, siblings or acquaintances who have legal title to the apartment. The problem arises when the tenant is not the owner of any apartment and there is no family member or other person who would make such a statement. Most often this situation concerns foreigners who want to rent an apartment e.g. in Warsaw. Then it becomes impossible to conclude an occasional lease agreement due to the lack of the above mentioned statement, which is required.
