Najem Okazjonalny Explained: What Foreigners Must Know

Q: Can a landlord force me to sign a najem okazjonalny?

No one can force you to sign any contract. However, the landlord has the right to choose which type of lease they offer. If a landlord only rents under najem okazjonalny terms, your choice is to accept those terms, negotiate for a standard lease, or look for a different apartment. In competitive rental markets like Warsaw or Krakow, landlords often have enough demand that they will not change their lease type for a single tenant. That said, demonstrating reliability (stable income, references, longer lease commitment) can sometimes persuade a landlord to offer a standard lease instead.

Q: What if I do not have an alternative address in Poland?

This is the most common challenge for foreigners. Your options include: asking a Polish friend or colleague, asking your employer for help, using a relocation agency, or negotiating with the landlord to accept a declaration that you will return to your home country if evicted. If none of these options work, you cannot sign a valid najem okazjonalny and should look for apartments offered under a standard lease or najem instytucjonalny (from a business landlord, which does not require an alternative address). Browse Domkaspot listings where lease types are clearly stated upfront.

Q: Is najem okazjonalny worse for tenants than a standard lease?

It depends on your situation. For reliable tenants who pay rent on time and maintain the apartment well, the practical difference is minimal -- you will likely never encounter the eviction provisions that distinguish the two lease types. Where najem okazjonalny is genuinely worse is when things go wrong: you lose the winter eviction ban, the court-ordered social housing delay, and the longer eviction timeline that a standard lease provides. On the positive side, the deposit cap is lower (6 months vs 12 months), and the landlord is required to register with the tax office.

Q: Who pays for the notary in najem okazjonalny?

Polish law does not specify who must pay. In practice, the tenant almost always pays the notary fee (200-400 PLN) because the notarial declaration is something the tenant signs. However, this is negotiable. Some landlords will split the cost or cover it entirely, especially for longer leases or when they are eager to fill the apartment. If a sworn translator is needed because you do not speak Polish, the translation cost (150-300 PLN) is also typically the tenant's responsibility. Always clarify who pays what before the notary appointment.

Q: What happens when my najem okazjonalny expires?

When a najem okazjonalny reaches its end date, the lease simply ends. Unlike a standard lease, there is no automatic renewal. The landlord should send you a written termination request asking you to vacate by the lease end date. If you do not leave, the landlord can apply to the court for an enforcement clause based on your notarized declaration, and a bailiff (komornik) can enforce your removal. This process is significantly faster than eviction under a standard lease. To avoid problems, start discussing renewal with your landlord at least 2-3 months before expiration, or begin looking for a new apartment. If both parties agree, you can sign a new najem okazjonalny for another term.

Domkaspot Editorial

Feb 18, 2026•14 min read

Najem Okazjonalny Explained: What Foreigners Must Know

Introduction: The Lease That Confuses Every Foreigner

You are apartment hunting in Poland. You find a great place, the landlord seems reasonable, and the price is right. Then they mention the words najem okazjonalny. You have never heard this term before. You search online and find conflicting information -- some say it is bad for tenants, others say it is standard. Your Polish-speaking friend gives you a vague answer. The landlord insists it is 'just a formality.'

It is not just a formality. Najem okazjonalny is a specific type of rental agreement under Polish law that changes the balance of power between you and your landlord. It is not inherently bad -- millions of tenants in Poland live under these agreements without any problems -- but it is different from a standard lease, and those differences matter. Especially if you are a foreigner without deep roots in the country.

This guide explains najem okazjonalny in plain English: what it actually is, how it differs from a standard lease, what documents you need, why the 'alternative address' requirement is the biggest headache for foreigners, and how to protect yourself. Whether you are a student, an expat professional, or a digital nomad settling into Poland, this is the information you need before you sign.

For a broader overview of all Polish lease types, see our clause-by-clause rental contract guide.

What Is Najem Okazjonalny?

Najem okazjonalny -- translated literally as 'occasional tenancy' or 'occasional lease' -- is a special type of rental agreement defined under Articles 19a through 19e of the Polish Tenant Protection Act (Ustawa o ochronie praw lokatorow). It was introduced in 2010 to address a problem that had been plaguing Polish landlords for decades: the near-impossibility of evicting non-paying tenants under the standard lease framework.

Under a standard Polish lease (umowa najmu or najem zwykly), tenants enjoy extremely strong protections. A landlord who wants to evict a tenant -- even one who has stopped paying rent -- must go through a full court process that can take 6 to 12 months or longer. During this time, the tenant can legally remain in the apartment. Courts can delay eviction further if the tenant has nowhere else to go, and eviction cannot be carried out at all during winter months (November through March) unless alternative housing is provided.

Najem okazjonalny was the legislature's compromise. It allows private individual landlords (not companies -- that is a different category called najem instytucjonalny) to enter into a lease that streamlines the eviction process. In exchange, the tenant must provide additional documents at the start of the tenancy, including a notarized declaration that they will voluntarily leave the apartment if the lease is terminated.

The key point: najem okazjonalny does not strip you of all tenant rights. It modifies specific protections -- primarily around eviction -- while leaving most of your other rights intact. Understanding exactly what changes and what stays the same is what this guide is about.

Najem Okazjonalny vs Standard Lease (Najem Zwykly)

The most important differences are around eviction. Under a standard lease, eviction is a slow, expensive, and uncertain process for landlords. This is why so many landlords -- especially those who have been burned by a bad tenant in the past -- now insist on najem okazjonalny. It is not about being hostile toward tenants. It is about reducing risk.

One critical detail: if the landlord fails to register the najem okazjonalny with the tax office (urzad skarbowy) within 14 days of the lease start date, the agreement is legally treated as a standard lease. This actually gives you stronger protections. You have the right to ask the landlord for proof of registration.

Feature	Standard Lease (Najem Zwykly)	Occasional Lease (Najem Okazjonalny)
Eviction timeline	6-12+ months through full court process	Significantly faster -- notarized declaration enables enforcement clause (klauzula wykonalnosci) without full trial
Winter eviction ban (Nov-Mar)	Yes -- cannot evict during winter without providing alternative housing	No -- eviction can proceed year-round
Court-ordered social housing delay	Yes -- court may delay eviction until municipality provides alternative accommodation	No -- tenant declared an alternative address upfront
Notarized tenant declaration required	No	Yes -- tenant must submit to voluntary eviction via notarial act
Alternative address required	No	Yes -- tenant must provide an address where they will move if evicted
Landlord must register with tax office	Recommended but not required for validity	Required within 14 days -- if not registered, defaults to standard lease
Maximum lease duration	Up to 10 years (fixed-term) or indefinite	Up to 10 years (fixed-term only -- cannot be indefinite)
Maximum deposit	Up to 12 months' rent	Up to 6 months' rent
Rent increase rules	Once per year, 3 months' notice, must be justified	Same rules apply if not modified by contract
Landlord type	Any (individual or company)	Private individuals only (not businesses)
Notary cost	None	~200-400 PLN (typically paid by tenant)

Required Documents for Najem Okazjonalny

A najem okazjonalny requires three specific documents beyond the lease itself. Each one serves a distinct legal purpose, and understanding them will help you navigate the process with confidence.

1. Notarized Tenant Declaration (Oswiadczenie Najemcy o Poddaniu Sie Egzekucji)

This is the document that makes najem okazjonalny what it is. You, the tenant, visit a notary (notariusz) and sign a declaration in the form of a notarial act (akt notarialny) stating that you voluntarily submit to eviction upon termination or expiration of the lease agreement.

In practical terms, this means the landlord does not need to file a full eviction lawsuit if you refuse to leave after the lease ends. Instead, they can go to a court and obtain an enforcement clause (klauzula wykonalnosci) based on your notarized declaration. This is faster and simpler than a regular eviction proceeding.

Cost: The notary fee for this declaration is typically 200 to 400 PLN. Under Polish law, this cost is negotiable, but in practice, most landlords expect the tenant to pay it. Some landlords will split the cost or cover it entirely as a goodwill gesture -- it does not hurt to ask.

What to expect at the notary: The notary will read the declaration aloud in Polish. If you do not speak Polish, you are legally required to bring a sworn translator (tlumacz przysiegly) to the appointment, or the notary may refuse to proceed. This is an additional cost of approximately 150 to 300 PLN. Some notaries in larger cities like Warsaw or Krakow speak English, but they are still required to conduct the formal act in Polish.

2. Declaration of Alternative Address (Wskazanie Lokalu)

You must provide a written declaration naming a specific address in Poland where you will move if you are evicted from the rented apartment. This is not just a formality -- it is a core requirement of the occasional lease framework.

The address must be a real residential address. It does not need to be your own property -- it can be the apartment of a friend, family member, or anyone else willing to take you in. However, the person who owns or rents that alternative address must also provide their consent (see below).

If you change your alternative address during the lease, you are legally required to notify the landlord within 21 days of the change. Failure to provide a new valid address within 21 days gives the landlord the right to terminate the lease.

3. Consent of the Alternative Address Owner (Oswiadczenie Wlasciciela Lokalu)

The owner (or tenant with the right to sublet) of the alternative address must provide a written declaration confirming that they agree to take you in if you are evicted. This declaration does not need to be notarized -- a simple written statement with a signature is sufficient.

The landlord has the right to demand that this consent be provided with a notarially certified signature (podpis notarialnie poswiadczony), which costs about 20 to 50 PLN per signature. Not all landlords require this, but many do for added legal certainty.

The Foreigner Problem: Finding an Alternative Address

Here is the reality that every guide should be honest about: the alternative address requirement is the single biggest obstacle for foreigners signing a najem okazjonalny. If you have just arrived in Poland -- or have been here for a while but do not have close Polish contacts -- finding someone willing to provide their address and sign a consent form can feel impossible.

This is not a trivial ask. You are essentially asking someone to put their name on a legal document saying they will take you in if you get evicted. Most people, even good friends, are understandably hesitant. And for newcomers who do not yet have a social network in Poland, the challenge is even greater.

Realistic Options for Foreigners

There is no perfect solution, but here are the approaches that actually work in practice:

Ask a Polish friend or colleague. This is the most common solution. Explain that the document does not create any financial obligation or tenancy -- it is a formality that allows the landlord to use the occasional lease framework. Many people will agree once they understand what they are actually signing.
Ask your employer. If you are in Poland on a work visa, your employer may be willing to provide a company address or help arrange the documentation. Some multinational companies with offices in Poland have processes for this, especially if they are sponsoring your relocation.
Use a relocation agency. Professional relocation agencies that help expats settle in Poland often have solutions for the alternative address requirement. This is typically part of a broader relocation package (costing 500 to 2,000 PLN for the housing assistance component).
Negotiate with the landlord. Some landlords will accept a declaration that you will return to your home country if evicted, rather than requiring a specific Polish address. This is a gray area legally, but in practice it is accepted by many landlords and notaries, especially in cities with large expat populations.
Hostels and short-term accommodation. Some tenants have used hostel or hotel addresses as their alternative address. This is controversial and some notaries may refuse to include it in the notarial act. It is a last resort, not a recommended approach.

What If You Truly Cannot Find an Alternative Address?

If you cannot provide an alternative address, you cannot sign a valid najem okazjonalny. In that case, your options are: negotiate with the landlord to use a standard lease (umowa najmu) instead, look for apartments offered by companies or professional landlords who use najem instytucjonalny (which does not require an alternative address from the tenant), or continue searching for a landlord willing to rent under standard terms.

Many landlords who initially insist on najem okazjonalny will agree to a standard lease when they see that you are a reliable tenant -- particularly if you can provide references from a previous landlord, show proof of stable employment and income, or offer a slightly higher deposit (within the legal limit of 12 months' rent for standard leases).

Browse verified listings on Domkaspot to find landlords whose lease terms and requirements are clearly stated upfront, so you know what to expect before you apply.

Pros and Cons of Najem Okazjonalny for Tenants

The bottom line: if you are a reliable tenant who pays rent on time and takes care of the apartment, the differences between najem okazjonalny and a standard lease are mostly theoretical. The enhanced eviction rights only matter if something goes wrong. For the vast majority of tenancies, the experience is identical.

Where najem okazjonalny can be a genuine disadvantage is in unusual situations: job loss where you cannot afford rent and need time to find a new place, a dispute with the landlord where you need the leverage of strong eviction protections, or if you need the security of knowing you cannot be removed during winter months.

Pros for Tenants	Cons for Tenants
Landlord feels more secure, making them more willing to rent to foreigners without a long credit history in Poland	Easier eviction process -- landlord can enforce removal faster if the lease is terminated
Lower maximum deposit (6 months vs 12 months for standard lease)	No winter eviction ban -- you can be evicted between November and March
Clear legal framework -- both sides know exactly where they stand	Notary cost (200-400 PLN) plus potential translator cost
Landlord must register with tax office, ensuring they are paying taxes on rental income	Need to find an alternative address and get consent from its owner
Some landlords offer slightly lower rent because they feel more protected	Must notify landlord within 21 days if your alternative address changes
Formal process means less room for informal disputes	Fixed-term only -- cannot be an indefinite lease

What Happens If You Sign Without Understanding

Let us address the fear directly: some foreigners worry that najem okazjonalny is a trap designed to exploit them. It is not. The agreement was designed by Polish legislators as a balanced compromise, and most landlords are not trying to scam you. They want a reliable tenant who pays on time, and the occasional lease gives them reassurance that if things go badly, they will not be stuck in a year-long court battle.

That said, signing any legal document without understanding it is risky. Here is what can go wrong specifically with najem okazjonalny if you are not careful:

Realistic Risks

These scenarios are uncommon but real.

Lease expires and you have not found a new place. Under a standard lease, you have significant protections even after expiration. Under najem okazjonalny, the landlord can enforce your removal relatively quickly. Solution: track your lease expiration date and start looking for a new apartment at least 2 months before it ends.
Landlord terminates the lease and you disagree with the reason. You can still challenge unfair termination in court, but the faster enforcement timeline means you have less breathing room. Solution: make sure termination grounds are clearly defined in the contract.
Your alternative address becomes unavailable. If the person who provided the address moves or withdraws consent, you have 21 days to provide a new one. If you cannot, the landlord can terminate the lease. Solution: maintain good relationships with your alternative address provider and have a backup plan.
You did not realize the contract was a najem okazjonalny. Some tenants sign without understanding the type of agreement. The notarized declaration is the key indicator -- if you went to a notary and signed a declaration about voluntary eviction, you have a najem okazjonalny. Solution: always ask explicitly what type of lease you are signing.

Red Flags in Najem Okazjonalny Contracts

While najem okazjonalny itself is a legitimate and legal framework, some landlords include problematic clauses. Watch for these warning signs.

Red Flag	Why It Is a Problem	What to Do
Unreasonably short notice period (less than 1 month)	Gives you almost no time to find new housing if the lease is terminated	Negotiate at least a 1-month notice period; 2-3 months is standard
Hidden fees buried in the notarial act	The notarial declaration should only cover submission to eviction, not additional financial obligations	Read the notarial act carefully (with a translator if needed) before signing
Landlord refuses to register the lease with the tax office (urzad skarbowy)	Registration is legally required for najem okazjonalny. Without it, the agreement is technically a standard lease. Also means landlord is likely evading taxes.	Insist on registration. If landlord refuses, know that you actually have standard lease protections
Demand for all payments in cash with no receipts	Cash-only payments with no paper trail make it impossible to prove you paid rent. Often a sign of tax evasion.	Always pay by bank transfer. If landlord insists on cash, demand signed receipts for every payment
Lease period shorter than 6 months with no renewal option	Very short leases combined with najem okazjonalny give you minimal security. May be used to cycle through tenants.	Negotiate a minimum 12-month lease with a renewal clause
Penalty clauses for early termination exceeding 2 months' rent	Disproportionate penalties may be found void by courts, but enforcing this takes time and money	Negotiate reasonable early termination terms before signing
Landlord tries to combine najem okazjonalny with waiving additional rights	Some landlords add clauses waiving your right to repairs, zameldowanie, or other statutory protections	Clauses waiving statutory rights are void under Polish law. Remove them or refuse to sign

How to Protect Yourself

Whether you are signing a najem okazjonalny or any other type of lease in Poland, these steps will give you the strongest possible position.

Before Signing

Preparation before you sign is worth more than any legal action after things go wrong.

Get the contract reviewed. Have a Polish-speaking friend, colleague, or professional review the contract before you sign. If the contract involves significant rent, invest 200-500 PLN in a lawyer's review. Use our rental contract checker for a quick initial assessment.
Verify the landlord. Confirm that the person offering the apartment actually owns it. Ask for a copy of the property deed or check the land register (ksiega wieczysta) online. Use our landlord verification checklist to cover all the bases.
Understand every clause. If the contract is in Polish only, use DeepL or Google Translate for a first pass, then have key sections (financial terms, termination, penalties) professionally translated. Never sign a document you do not understand.
Negotiate the notary cost. The tenant typically pays, but this is not a legal requirement -- it is a custom. Ask if the landlord will split it or cover it, especially if you are signing a longer lease.
Prepare your alternative address in advance. Do not wait until the last minute. As soon as you know you will need a najem okazjonalny, start arranging the alternative address and consent form.

During the Tenancy

Ongoing diligence protects you throughout the lease.

Ensure the lease is registered. Ask the landlord for confirmation of registration with the tax office. You have the right to this information. If they cannot or will not provide it, note that your agreement may default to a standard lease with stronger protections.
Keep all receipts and payment records. Always pay rent by bank transfer with a clear description (e.g., 'Rent for apartment at [address], [month] 2026'). If you pay utilities separately, keep those records too.
Photograph the apartment at move-in. Take detailed, date-stamped photos of every room, every surface, and any existing damage. Use our apartment viewing checklist during your initial inspection. Email the photos to both yourself and the landlord to create a timestamped record.
Monitor your alternative address status. Stay in touch with the person who provided the alternative address. If their situation changes, you need to know immediately so you can arrange a replacement within the 21-day window.
Know your notice period. Mark your lease expiration date in your calendar and set a reminder 3 months before. Start apartment hunting early if you are not planning to renew.

Frequently Asked Questions

Can a landlord force me to sign a najem okazjonalny?

What if I do not have an alternative address in Poland?

Is najem okazjonalny worse for tenants than a standard lease?

Who pays for the notary in najem okazjonalny?

What happens when my najem okazjonalny expires?

Conclusion: Sign Informed, Not Scared

Najem okazjonalny is not a trap. It is a legal framework that shifts some protections away from tenants and toward landlords, particularly around eviction. For the vast majority of tenancies -- where both parties act in good faith, rent is paid on time, and the apartment is maintained -- the type of lease makes little practical difference in your daily life.

What matters is that you understand what you are signing. You now know what najem okazjonalny is, how it differs from a standard lease, what documents you need, how to handle the alternative address requirement, and what red flags to watch for. That knowledge is your protection.

Before signing any lease in Poland, run it through our rental contract checker for a quick assessment. Verify the landlord using our landlord verification checklist. And when you are ready to find your next home, browse verified listings on Domkaspot where lease types, costs, and requirements are transparent from the start.

For a deeper dive into all Polish lease types and individual contract clauses, read our comprehensive Polish rental contract guide. And for your complete rights as a tenant regardless of lease type, see our tenant rights guide.

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