To enter into such an agreement, a notarial deed must be drawn up. It is a document authorising the owner to carry out expedited eviction if problems arise with the tenant. Learn the most important information about a notarial deed for institutional tenancy.

What should a notarial deed for institutional tenancy contain?

A notarial deed for institutional tenancy is the tenant’s declaration of voluntary submission to enforcement. It should include:

  • the tenant’s precise personal details, allowing them to be identified,
  • the address of the property covered by the institutional tenancy agreement,
  • clear information that, after the agreement expires or is terminated, the tenant will independently vacate and leave the premises,
  • the tenant’s declaration that they understand that, after the agreement is terminated, they are not entitled to temporary or social housing.

Importantly, in institutional tenancy there is no need to indicate the premises to which the tenant will move—it is enough for them to express their willingness to undergo voluntary eviction.

Why must a notarial deed be drawn up for institutional tenancy?

Drawing up a notarial deed is one of the requirements for entering into institutional tenancy. It is a way to protect the owner’s interests. Thanks to this document, the landlord:

  • can remove the tenant from the apartment without major problems if they fail to comply with the terms of the agreement,
  • does not have to initiate lengthy eviction proceedings before a court, during which they would have to maintain the tenant until the judgment is issued,
  • can use a simplified eviction procedure.

A notarial deed is a way to quickly and smoothly remove dishonest tenants who use the property contrary to the provisions of the agreement, e.g. fail to pay mandatory charges or damage the apartment for rent. Wrocław is a place where you can choose institutional tenancy, which addresses this problem. It is no wonder that property owners insist on signing this document. It ensures clarity regarding the conditions applying to both parties—the tenant and the landlord.

Who pays for the notary’s service?

Only a notary may draw up a notarial deed. This service is paid, and its full cost is borne by the prospective tenant. The fee is usually PLN 200. It is worth remembering that the rate for preparing the declaration and making copies may vary depending on the currently applicable notarial fee schedule.

However, this cost can be avoided. Many companies involved in institutional tenancy cooperate with notaries and offer to draw up the deed free of charge. This solution is worth considering if you want to save money.

Does the tenancy agreement have to be signed at a notary’s office?

Are you interested in institutional tenancy? Remember that a notary’s presence is necessary only when drawing up the declaration of voluntary submission to enforcement. An official is not needed to prepare or conclude the agreement. Therefore, the document can be signed anywhere and will have legal force.

A notary is also not required when paying the deposit or handing over the premises. The entire procedure can take place solely with the participation of the property owner and the tenant.

Drawing up a notarial deed for institutional tenancy is essential if you want to join the community of users of attractive residential premises.