In short: terminating an occasional lease rests on a narrower set of grounds than a standard lease — under Article 19e of the Tenant Protection Act, only Article 11(2)(1–3) applies to it, and the length of the notice period comes from the agreement itself rather than from the Act. 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?
Yes, though not in the way it's usually described. An occasional lease has no simplified termination procedure of its own, but the Tenant Protection Act does not apply to it in full. Article 19e provides that the Act does not apply to occasional leases "with the exception of Article 2, Article 6(3), Article 10(1–3), Article 11(2)(1–3), Article 13, Article 18(1) and (2), Articles 19a–19d and Article 25d(2)" — provided the landlord has filed the lease with the tax office. In practice that means three differences from a standard lease: the set of grounds is narrower (Article 11(2)(4), demolition or renovation of the building, drops out), Article 11(1) does not apply — the provision that otherwise requires notice "no later than one month in advance, effective at the end of a calendar month" — and a separate ground from Article 19d(5) is added. The biggest difference, however, 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(2)(1–3) of the Tenant Protection Act — the only points of that provision Article 19e allows for occasional leases — a landlord may terminate the agreement 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.
On top of that comes a ground a standard lease does not have: if the tenant loses the ability to live in the property indicated for enforcement purposes and fails to name another one, with the required declarations, within 21 days (Article 19a(3)), the landlord may terminate the agreement in writing on at least seven days' notice (Article 19d(5)).
Watch the notice period. Because Article 19e does not cover Article 11(1), the statutory rule of "one month in advance, effective at the end of a calendar month" does not apply to occasional leases. The notice period should follow from the agreement itself — if it isn't written down, it is easy to end up arguing about when the tenancy actually ends. Always keep the notice in writing, if only as evidence.
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 serve the tenant a demand to vacate the property — in writing, bearing the landlord's officially certified signature (Article 19d(2)), naming the parties, the agreement and the reason the tenancy ended, and setting a deadline of no less than 7 days from service (Article 19d(3)). Only once that deadline passes without result do you apply to the court for an enforcement clause on the notarial deed, attaching the demand itself and proof that the lease was filed with the tax office (Article 19d(4)). 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.
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.
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This article is for information only and does not constitute legal advice. For individual cases, consult a lawyer or notary.