Renting a Flat in Poland: Deposits, Rent Rises, Najem Okazjonalny
Short answer: Ordinary Polish leases cap deposits at 12x monthly rent and need 3 months notice for rent rises. An occasional lease (fixed term, private landlord, max 10 years) caps deposits at 6x rent and lets the owner evict fast through a notarial statement - but must be in writing and reported to the tax office within 14 days.
Most expats in Poland rent, and the rental market runs on two parallel legal tracks: the ordinary lease under the Civil Code and the tenant-protection act, and the "occasional lease" (najem okazjonalny) built for private landlords who want an easier exit if things go wrong. Knowing which track your contract is on - and the deposit and rent-rise rules that apply to both - is worth real money. The rules below come from the consolidated text of the 2001 Tenant Protection Act (Dziennik Ustaw 2023, item 725) and the Ministry of Education's legal explainer portal.
The ordinary lease
A residential lease (najem) can be for a fixed or an indefinite term. Two formalities matter:
- A lease of real estate for longer than a year should be in writing - without written form it is treated as indefinite-term.
- A lease for a fixed term can only be ended early on grounds the contract itself names; an indefinite-term lease can be terminated by either side on statutory notice. A fixed term longer than 10 years (30 between businesses) converts to indefinite after that point.
If the flat is sold during your lease, the buyer steps into the landlord's shoes automatically; your contract survives the sale.
Under the Tenant Protection Act, which covers leases from private landlords, a security deposit cannot exceed twelve times the monthly rent at the rate in force on signing day, and a rent rise requires written notice of at least 3 months (longer if your contract says so) - a rise without proper notice is invalid. Terminating a protected tenancy is possible only for statutory reasons and must be in writing stating the reason, on pain of invalidity.
The occasional lease (najem okazjonalny)
The occasional lease was created for private landlords scared of problem tenants. It is a fixed-term lease - no longer than 10 years - by an owner who is a natural person and does not rent flats as a business. In exchange for weaker tenant protection, the law sets up a fast exit route:
- The tenant signs a notarial statement submitting to enforcement and promising to vacate within the deadline set in the owner's demand.
- The tenant must name another dwelling they could move into if evicted, with a statement from that dwelling's owner (or title holder) consenting to take them in - signature notarially certified if the landlord asks.
- If that fallback dwelling falls through, the tenant has 21 days to name a new one, on pain of termination.
- The contract must be in written form on pain of invalidity, and the landlord must report the lease to the tax office within 14 days of the tenancy starting - you can demand proof of that filing. Without it, the landlord loses the fast-track protections.
The notary's fee for the tenant's statement is capped by law at one tenth of the minimum wage.
Deposits and rent rises under an occasional lease
The deposit cap is tighter than on an ordinary lease: six times the monthly rent, calculated at the signing-day rate. The landlord must return it within a month of you moving out, minus what is owed. Beyond rent, the owner can only collect charges independent of them (utilities and the like) unless the contract says otherwise, and the rent can only be raised on the terms written into the contract - there is no unilateral statutory rise route.
How eviction works on an occasional lease
When the term ends or the contract is terminated and you do not leave voluntarily, the owner serves a written demand to vacate with an officially certified signature, giving at least 7 days. If the deadline passes, the owner asks a court for an enforcement clause on the notarial deed, attaching the demand and proof of the tax-office filing. That skips the full eviction lawsuit an ordinary protected tenant would be entitled to - which is exactly why landlords like this contract and why you should read the notarial statement before signing it.
Frequently asked questions
### My landlord asked for a deposit of two months' rent. Is that legal?
Yes. Both tracks allow it: the cap is twelve times the monthly rent on an ordinary lease and six times on an occasional lease, and two months sits far below either. What the cap stops is the extreme deposits sometimes demanded in tight markets.
Can my rent be raised mid-lease?
On an ordinary lease, only with a written rent-rise notice giving at least 3 months (or longer if your contract says so). On an occasional lease, only on terms the contract itself sets. A rent rise that ignores these rules is invalid.
Is an occasional lease bad for me as a tenant?
It trades protection for access: many private landlords will only rent this way, so refusing one can shrink your options. The main risks are the notarial enforcement statement and the requirement to name a fallback dwelling. Check what you are signing at the notary and keep the landlord's tax-office filing confirmation.
Does my lease survive if the flat is sold?
Yes. The buyer automatically replaces the seller as landlord, though with some exceptions the new owner can terminate the lease on statutory notice - your contract itself does not vanish.
