Occasional lease: when is it not the solution for you?
Short answerAn occasional lease applies only to residential premises where the landlord is an individual not running a business in the rental of premises, and it must be concluded for a fixed term of no more than 10 years. If the landlord is a company, the premises are commercial or you have no replacement premises, this form of agreement is out of the question.
When an occasional lease is out of the question
- The landlord runs a business in the rental of premises or is a company. The provision applies to an owner who is an individual not running such a business (art. 19a para. 1). The form asks you to confirm this declaration.
- The premises are not residential (an office, commercial premises).
- You want an agreement for an indefinite period or one longer than 10 years.
- You cannot name replacement premises with the consent of its owner.
- You do not want to submit to enforcement in a notarial deed. It is a condition of this form of lease.
When it is worth thinking it over
- A very short lease. The cost of the notarial deed and documents may be disproportionate to the length of the lease.
- Changing the terms. The agreement and its amendments require written form on pain of nullity.
Who it makes sense for
For a landlord who wants a faster way of recovering the premises, and for a tenant who accepts this condition in exchange for the agreement being concluded. If both parties agree, we will prepare the documents; here we describe how to prepare for the notary.
When it is not for youThis page is not legal advice. If you have doubts about your situation (e.g. the landlord has several premises), consult a lawyer or a notary.
Frequently asked questions
Can a landlord with several flats conclude an occasional lease?
It depends on whether he or she runs a business in the rental of premises. The provision excludes an owner who does. It is worth consulting a lawyer.
Can an ordinary lease be converted into an occasional one?
Most often a new occasional lease agreement is concluded. The form has an option to prepare documents for an annex to an existing agreement, but confirm with a notary or lawyer whether an annex is enough in your situation.
For what period can an occasional lease be concluded?
For a fixed term of no more than 10 years.
Related guides
The information is general in nature and is not legal advice.