Occasional Lease – How to Rent an Apartment Safely and Effectively? Benefits and Rules Explained

What Is an Occasional Lease?

An occasional lease is a special form of residential rental governed by the Act of 17 December 2009. It is aimed at private individuals who rent out apartments outside the scope of business activity. The contract is more formal and requires several extra conditions that better protect the property owner.

For landlords, an occasional lease provides greater certainty that, if problems arise (e.g., rent arrears), they can assert their rights more quickly. The tenant, in turn, agrees to leave the apartment voluntarily when the contract ends. A key feature is the tenant’s notarised declaration, which gives the agreement stronger legal force.

Occasional Lease vs. Standard Rental

The differences between an occasional lease and an ordinary rental are significant. In a standard lease, landlords often struggle to evict unreliable tenants, which can lead to long court cases and high costs.

An occasional lease introduces a more formal approach that eliminates many problems typical of standard rentals. The use of a notarised declaration and additional documents—such as a statement of submission to enforcement—gives the owner more tools to protect the property. Meanwhile, the tenant benefits from precisely defined terms, ensuring stability and predictability.

Legal Safeguards for Landlord and Tenant

Occasional leasing provides several extra legal safeguards for both parties. For the owner, clauses enabling swift eviction if the tenant breaches the contract are crucial. Thanks to the notarised declaration, the landlord can initiate enforcement more easily, shortening the process and lowering costs.

The tenant gains stability and clear terms. Protections concerning rent amount and payment conditions prevent unexpected increases or unfavourable changes. The agreement also specifies the rules for termination, securing both sides’ interests.

Documents Required for an Occasional Lease

Beyond the standard lease contract, three key attachments are mandatory:

1. The tenant’s declaration of voluntary submission to enforcement should they need to vacate the premises.
2. An address to which the tenant will move after the lease ends.
3. The owner’s written consent for the tenant to move into that alternative dwelling.

These documents give the landlord greater control and assurance that the tenant will leave the apartment if necessary.

Occasional Lease Agreement

The contract must be in writing and include standard elements: details of both parties, lease term, rent amount and any additional fees. For an occasional lease, the above‑mentioned declarations and attachments are an essential part of the agreement.

Declarations and Attachments

The most important documents are:

• The notarised declaration of voluntary submission to enforcement—crucial for quick eviction if problems occur.
• The indication of another dwelling where the tenant can live after the lease, confirming their obligation to move out.
• The written consent of the owner of that dwelling, agreeing to accept the tenant if required.

Visit to the Notary

A notarial certification of the tenant’s declaration is mandatory. This cost is borne by the tenant and gives the contract full legal power—an extra safeguard that makes occasional leasing especially attractive to landlords wanting to minimise risk.

Notification to the Tax Office

Within 14 days of signing, the landlord must register the agreement with the Tax Office. Failure to do so forfeits the special protections of the occasional lease, including the streamlined eviction path, and can lead to serious consequences. The landlord must also pay tax on rental income on time.

Who Can Use an Occasional Lease?

This form is limited to private individuals renting residential premises outside business activity. It does not apply to commercial spaces or landlords running rental businesses. It primarily protects owners while giving tenants clear, long‑term security.

Terminating the Lease

The contract sets out clear grounds for termination. The landlord may terminate if the tenant fails to pay rent, breaches the agreement, or misuses the property. Termination also occurs when the agreed lease term expires. Thanks to notarised documents, the owner can enforce eviction more quickly if the tenant refuses to leave.

Occasional Lease and Insurance

Insurance is important for both parties. The owner should consider additional cover for damage caused by the tenant. Tenant insurance protects personal belongings and can cover accidental damage. Clarify in the contract who is liable for which damages and what insurance is required.

Summary

An occasional lease benefits both landlord and tenant. Clear conditions, notarised confirmation and legal safeguards protect the owner, while the tenant gains stable terms and transparency. Proper documentation makes the rental process more predictable and secure for everyone involved.

With the right precautions and clearly defined obligations, renting an apartment can become a safer and more manageable experience for both sides.