An honest tenant who fulfills all obligations and arrangements contained in the contract has absolutely nothing to fear. Therefore, if we pay the rent, bills and all other obligations related to the rented premises on time, use the apartment for its intended purpose and do not disturb the house, we do not have to be afraid of unexpected eviction.
Amendment to the Act on the Protection of Tenants’ Rights of On December 17, 2009, it introduced a new concept into the legal system – occasional lease. However, it still constitutes only a percentage of all contracts concluded with tenants. Why are owners reluctant to take action to conclude occasional leases? How does it differ in practice from ordinary lease? Who is it beneficial for and is it worth using? The following article answers these and other questions.
For whom?
First, let’s specify who can benefit from occasional rental. It is available to owners of premises used to meet housing needs. This initially eliminates the possibility of concluding such an agreement by the owners of service premises. It is also important that an occasional rental agreement can only be concluded by the owner of the property, which in turn excludes subletting.
Formalities
The occasional lease agreement is concluded only for a fixed period of time not longer than 10 years. It must be in writing under pain of nullity. Additionally, certain formalities are necessary when concluding a lease, which are not required in a “standard” lease agreement. The fundamental difference is the obligation for the tenant to submit a declaration in the form of a notarial deed on submission to enforcement and the obligation to vacate and hand over the premises after termination of the contract. He must also indicate in the declaration the premises where he will be able to live after the execution. Another formality is that the owner of the premises must submit consent for the tenant to live there. In turn, the owner must meet the requirement to register the occasional lease at the tax office
14 days from the start of the rental.
Benefits
Occasional rental is certainly much safer for the landlord compared to “ordinary” rental. It is most profitable for people who rent apartments to single parents, pregnant women and the elderly. Evicting such people is much more difficult than, for example, students. In the case of an “ordinary” lease, in order to evict a tenant occupying an apartment after the expiry of the lease period, he or she had to be provided with social housing. In practice, eviction judgments against such people are very ineffective. Occasional leasing eliminates this problem because the tenant himself selects the premises to which he can move. Additionally, eviction can be applied all year round, without the protection period that applies to standard rentals, which lasts from November 1 to March 31.
Source: www.otodom.pl
