flaga - język polski english version flag
find a way to the counselor
07/31/2021

Rental safe for the lender

Many landlords struggle with dishonest tenants. Court procedures leading to an eviction order are lengthy. How can property owners better look after own sake?

Particular protection applies especially to tenants of premises intended for residential purposes and covers, inter alia, prohibition of eviction in winter and entitlement to social housing, which is the responsibility of the municipality. The bailiff may also not carry out the eviction until the city clerks appoint a temporary room for a person who is not entitled to social housing.

An owner who is a natural person may take care for own resources through an occasional lease which is a special type of a lease agreement. The main difference comes down to the possibility of
quick bailiff enforcement and emptying the premises in the situations specified in the act. This is possible due to the fact that the tenant, when concluding the contract with the landlord, makes a
declaration in the form of a notarial deed on voluntary submission to enforcement. The cost of preparing such a declaration is about 200 PLN.

If the landlord is an entrepreneur who runs a business in this respect, it is possible to apply the so-called institutional lease, which in its structure is similar to the occasional lease.

In the cases specified in the Act, the landlord, after the expiry of the notice period and the submission of a request to vacate the premises, may submit to the court a request for an
enforcement clause to be issued to the tenant's declaration. The application should be examined by the court very quickly. Then, with an enforcement title, the landlord can go directly to the bailiff who will empty the premises. Therefore, we avoid lengthy court proceedings or waiting for a replacement apartment.

The aforementioned provisions protecting the rights of tenants do not apply to premises rented for business purposes. In such situations, enforcement and emptying the premises will be much easier. In addition to the debtor's declaration of submission to enforcement under Art. 777 of the Code of Civil Procedure, in non-residential lease contracts, it is possible to introduce additional protections, such as contractual penalties or retention of the deposit in the event of the tenant's delay in leaving the premises.