When a Warsaw landlord sends you a contract, it will almost always be one of two forms: a standard rental agreement (umowa najmu) or an "occasional lease" — najem okazjonalny. The names sound like paperwork, but the difference between them directly affects your rights as a tenant: how much the law protects you, what you sign in front of a notary, and how much it costs.
If you're renting in Poland for the first time — especially as a foreigner — it's worth understanding what you're agreeing to. This guide explains both forms in plain language and helps you decide which to prefer.
What najem okazjonalny is
Najem okazjonalny is a special form of rental contract designed to protect the landlord. Its defining feature: the tenant signs a declaration in front of a notary (oświadczenie o poddaniu się egzekucji), voluntarily agreeing to vacate the apartment when the contract ends — and naming a specific address they can move to if they stop paying or refuse to leave.
Why does the landlord want this? Standard Polish rental law protects tenants strongly — evicting someone who has stopped paying can only be done through the courts, and it takes months, sometimes over a year. Najem okazjonalny lets the landlord skip that long court process: with the notarized declaration in hand, they can move toward eviction much faster.
Key features of najem okazjonalny:
- Notarized tenant declaration. You go to a notary in person and sign your consent to be evicted.
- A fallback address. You name an address you could move to, and provide a statement from that property's owner confirming they would take you in.
- Registration with the tax office. The landlord must register the contract with the urząd skarbowy within 14 days of the lease starting. If they don't, the contract loses its special status and behaves like a standard one.
- Private individuals only. This form is available to an owner who is not renting out as a business.
What it costs and who pays
The notarized declaration costs money. The fee is regulated and usually lands around 200–400 zł per declaration. By law either party may pay, but in practice the tenant most often covers it — the landlord presents it as a condition of renting.
That's normal and legal, but settle it up front. Sometimes the two sides split the cost. Either way, agree before signing who pays the notary so it doesn't come as a surprise.
What a standard lease is
A regular umowa najmu is simpler. No trip to the notary, no eviction declaration, no fallback address to name. You and the landlord sign the contract — that's it.
But that very simplicity means the law protects you, the tenant, more strongly. If a dispute arises, the landlord can only evict you through the courts, and the process is slow. You can't be turned out onto the street in the cold season (a moratorium on evictions runs from 1 November to 31 March if the person has nowhere to go). For a tenant, that's a serious safety net.
The flip side: precisely because of this protection, some landlords avoid the standard contract. They worry that if they end up with a bad tenant, getting rid of them will be slow and costly. So many insist on najem okazjonalny — not out of bad faith, but to protect themselves.
What it means for you as a tenant
Here's how it plays out in practice.
With a standard contract you get maximum protection. As long as you pay on time and follow the terms, you have nothing to worry about — and in a dispute the law tends to be on your side. One downside: some good apartments will be closed to you because the owner only wants okazjonalny.
With najem okazjonalny you give up part of that protection and pay for the notary. But if you're a reliable tenant who pays on time and intends to move out properly, this form poses almost no threat to you — the eviction declaration only "kicks in" when you breach the contract. In fact, a landlord's willingness to formalize everything through a notary and register with the tax office usually signals they operate legally and take the arrangement seriously.
One important detail: the fallback address you name is a real commitment. You need a person (a relative, a friend) willing to confirm in writing that they'll take you in. If you don't have such an address, najem okazjonalny can't be arranged — which is often a problem for recently arrived foreigners.
Both forms must be in writing
Whichever type, a rental contract in Poland must be in writing. Verbal "trust-based" arrangements leave you with no protection and no evidence. Never agree to rent without a signed document in hand.
Before signing, make sure the contract includes:
- The exact rent and what it covers (whether czynsz administracyjny and utilities are separate)
- The deposit (kaucja) amount and the conditions for getting it back
- The lease term and how it ends (notice periods)
- An inventory and a handover protocol (protokół zdawczo-odbiorczy) with photos
Which form to prefer
There's no single answer — it depends on your situation:
- If you're a reliable tenant and have a fallback address, agreeing to najem okazjonalny is perfectly fine. It opens up more apartments, and the risk to you is minimal.
- If you have no fallback address (common for foreigners without family in Poland), only a standard contract will work — ask the landlord to use a regular umowa najmu.
- If you want maximum protection and accept that your choice of apartments narrows, look for a standard contract.
Either way, don't sign an "occasional lease" without understanding exactly what you're swearing to in front of the notary. Read the declaration, and ask for a translation if you need one.
What to watch for
- The contract is called okazjonalny but isn't registered with the tax office. Then it gives the landlord no special powers — but it's still worth knowing the document's real status.
- You're asked to pay the notary without prior warning. Discuss this before signing.
- A fallback address is invented just for the form. Naming a non-existent or fake address is a bad idea: if it's checked, it can backfire.
- Pressure to sign in a hurry, with no time to read. Any reasonable landlord will let you read the contract calmly.
How Passflat helps
Whichever contract type you choose — najem okazjonalny or standard — first check whether the price itself is fair. Passflat shows what tenants actually pay for rent plus utilities (komunalka) across Warsaw's districts: medians from tenants' own reports, not asking prices from listings.
Compare against the district median before you sign any contract, so you know the figure is reasonable rather than inflated.
Check the real cost of rent and utilities by district on Passflat →