In short: terminating an occasional lease follows the same rules as terminating a standard residential lease — the Tenant Protection Act does not provide separate termination grounds for occasional leases. What actually sets it apart happens only after termination: if the tenant doesn't move out, you rely on the notarial deed instead of a years-long eviction lawsuit. Separately, the cost of the notarial declaration itself is capped by law at 1/10 of the minimum wage.
Does an occasional lease terminate differently from a standard lease?
No. This is one of the most common misconceptions among landlords. An occasional lease has no simplified termination procedure of its own — the same grounds from Article 11 of the Tenant Protection Act apply as for a standard residential lease: rent arrears, using the property contrary to its purpose, subletting without consent, or grossly breaching house rules. The difference only shows up at the stage of recovering the property — more on that below.
When an occasional lease ends without termination
In practice, an occasional lease is almost always concluded for a fixed term (up to 10 years). In that case no termination is needed at all, as long as both parties stick to the agreement — the tenancy simply ends when the term expires, and the tenant should move out voluntarily. The parties can also end the agreement earlier by mutual consent — in writing, without giving a reason, as long as both sides agree. Only when one party wants to end the agreement unilaterally before its term does a termination on statutory grounds become necessary.
Grounds for the landlord to terminate an occasional lease
Under Article 11 of the Tenant Protection Act, a landlord may terminate a lease (occasional included) when the tenant:
- is in arrears with rent or charges for at least three full payment periods — after being warned in writing in advance and given an additional one-month period to pay,
- uses the property contrary to the agreement or damages shared facilities — after a written warning,
- has sublet or handed over the property (or part of it) to a third party without the landlord's required written consent,
- grossly or persistently breaches house rules, making it a nuisance for other residents.
If the grounds are rent arrears, our guide Tenant Not Paying? What to Do, Step by Step walks through the whole procedure.
What happens to the notarial declaration after the lease ends
The notarial deed, in which the tenant submitted to enforcement of the obligation to vacate the property, doesn't automatically "expire" on the day the lease ends, and you don't need to have it separately "cancelled" by a notary. It only matters if you actually need to use it — that is, if the tenant doesn't move out despite the lease ending. One practical consequence worth noting: if you sign a new occasional lease with the same tenant after the previous one ends (e.g. for another year), you need a new notarial declaration matching the new agreement — the old one, tied to the previous lease, doesn't carry over automatically.
How much the notarial declaration costs for an occasional lease
The notary's fee for drawing up the tenant's enforcement-submission declaration is capped by law — under the regulation of the Minister of Justice on maximum notarial fees, it cannot exceed 1/10 of the current minimum wage. In practice that's a few hundred zloty — the exact amount changes every year along with the minimum wage, so it's worth checking the current cap before your notary visit. You'll usually also pay a small fee for a copy of the deed. The law doesn't decide which party pays for this declaration — in practice it's usually the tenant (it's their declaration), but nothing stops the parties from agreeing otherwise. It's worth writing this down explicitly in the lease to avoid disagreements right before the notary appointment.
What if the tenant doesn't move out despite the lease ending
This is where the whole advantage of the occasional lease shows up. Instead of filing an eviction lawsuit and waiting for a court ruling, you send the tenant a written demand to vacate the property, and once the deadline passes without result, you apply to the court for an enforcement clause on the notarial deed. With that document, a bailiff takes over the case — no separate, years-long court eviction process. That path, not the way the lease itself is terminated, is the real difference between an occasional and a standard lease.
Frequently asked questions
Can I terminate an occasional lease without giving a reason?
No, if the agreement is for a fixed term (which is almost always the case with an occasional lease) — the Civil Code only allows early termination of such an agreement for reasons stated in the law or explicitly in the agreement itself.
Does the same notice period apply to an occasional lease as to a standard lease?
Yes. The Tenant Protection Act doesn't differentiate the notice period by the form of the lease — for most grounds it's one month's notice, ending at the end of a calendar month.
Do I need to inform the tax office about an early end to an occasional lease?
The law doesn't impose this obligation explicitly, but it's good practice to keep documentation confirming the actual end date of the tenancy — useful if you ever need to prove the period the agreement was in force.
Can a tenant terminate an occasional lease early?
Yes — a tenant doesn't have as broad a set of statutory grounds as a landlord, but can always terminate if the agreement itself allows it, or end the tenancy early by mutual agreement with the landlord.
All your occasional-lease documentation in one place
SmartRentier keeps track of the dates tied to an occasional lease — from the tax-office filing, through the term of the agreement, to any termination. You can store a scan of the notarial declaration, proof of filing, and the termination notice itself alongside the lease, all tied to a specific property and tenant — no digging through your inbox and folders.
Read more about the tax-office filing itself in Reporting an Occasional Lease to the Tax Office — Template, and about what an occasional lease is and when to use it in Occasional Lease Agreement – What It Is and When to Use It. Generate an occasional lease agreement with all required declarations in the Documents module in SmartRentier.
Registration is free — the Kawalerka plan is free forever, no card required. Create an account and keep your tenancy documentation in one place →
This article is for information only and does not constitute legal advice. For individual cases, consult a lawyer or notary.