Institutional Lease and STR in One Flat: Can You Combine in 2026?

Institutional lease for 6 months plus seasonal STR: is it legal in 2026? Polish Supreme Court rulings, community consents, how to settle two income streams.
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Institutional Lease and STR in One Apartment: Can You Combine Them in 2026
Institutional lease for 6 months plus short-term rental in summer, a hybrid model that delivers stability and higher ROI. See if it is legal in 2026, how to organise the contracts, what the housing community requires, and what about CWTON for an apartment with two uses.
The hybrid long-term plus short-term model (LTR + STR) became popular in 2025 and 2026 among investors looking for a middle ground between the stability of an institutional lease and the rate levels of Airbnb. An apartment leased institutionally to an IT employee for 6 winter months (November to April) and simultaneously listed on Airbnb for July and August usually generates 25 to 40% higher profit than full LTR, with less operational effort than full STR.
Institutional Lease: Legal Definition
The institutional lease was introduced into Polish law by the Act of 20 July 2017 on the National Real Estate Stock. It is governed by the Act of 21 June 2001 on the Protection of Tenants' Rights (Article 19f and following).
The institutional lease:
- Is concluded for a fixed term, minimum 1 month, maximum 10 years
- In the form of a notarial deed (mandatory form)
- With the tenant's attached declaration of voluntary submission to enforcement in the event of eviction
- Concluded by an owner who is a private individual or an entrepreneur
- Without the need to designate alternative replacement housing for the tenant
The main advantage for the owner: easy and fast recovery of the apartment after the contract ends (eviction in 2 to 4 weeks instead of the standard 6 to 12 months).
Can You Combine LTR and STR in One Apartment?
Yes, but with requirements:
- The institutional lease contract must be for a fixed term and must end before the start of STR
- The apartment must be entered in CWTON (Central Register of Tourist Accommodation Facilities) regardless of the LTR period
- The housing community cannot ban STR (a resolution is possible, but limited)
- The city tax (PLN 4/day) is paid only for STR days
- Tax settlement: two income sources in PIT (Polish personal income tax), but one apartment
Benefits of the Hybrid Model
Financial stability
6 months of guaranteed income (LTR rent) covers the mortgage, fixed costs and gives financial certainty. No vacancy risk in winter, when STR demand is low.
Higher combined profit
July and August on Airbnb deliver on average 250 to 400% of monthly LTR rent. 2 months of STR often generate profit similar to a full half-year of LTR rent.
Lower regulatory risk
In cities with STR ban zones (Krakow, Sopot, Zakopane), where the annual STR night limit is 60 to 90, the hybrid model lets you use the full limit during the best season.
Less wear on the apartment
1 long-term tenant over 6 months wears the apartment less than 50 short STR guests. Fewer renovations, fewer equipment replacements.
Comparison Table: Full STR vs Hybrid vs Full LTR
| Parameter | Full STR (12 m) | Hybrid (6+6) | Full LTR (12 m) |
|---|---|---|---|
| Gross income annually | PLN 113,760 | PLN 87,200 | PLN 42,000 |
| Operating costs | PLN 32,000 | PLN 18,500 | PLN 4,800 |
| Tax (ryczalt) | PLN 10,220 | PLN 7,412 | PLN 3,570 |
| Net profit | PLN 71,540 | PLN 61,288 | PLN 33,630 |
| Operational days | 237 nights | 62 STR nights + 1 LTR | 1 lease |
| Vacancy risk | High | Low | Very low |
| Cash flow stability | Low | Medium | High |
The hybrid delivers 86% of full STR profit with 25% of the operational work. The best ROI/effort ratio for most hosts.
Procedure for Concluding an Institutional Lease
- Find a tenant (listing on portals such as OLX, Otodom, Gumtree)
- Negotiate rent and terms (minimum 1 month, maximum 10 years)
- Meeting at the notary (deed mandatory)
- The tenant signs the declaration of submission to enforcement
- Application for entry into the land and mortgage register
- Notary cost: PLN 600 to 1,200 (in line with the notary fee schedule)
- Collect deposit (usually 1-3 months of rent)
Synchronising LTR and STR: Calendar
Example of an annual schedule:
- 1 September 2026 to 30 April 2027: LTR (8 months, rent PLN 3,500/month, total PLN 28,000)
- 1 May 2027: end of LTR contract, cleaning and renovation (1 week)
- 8 May to 30 September 2027: STR (146 nights x average PLN 320 = PLN 46,720 gross)
- 1 October: new LTR contract for the next year
The key: you start LTR in the off-tourist season (September, October), you end before the season starts (April, May). LTR tenants (e.g. students, IT employees) are open to such terms.
Housing Community: Can It Ban the Hybrid Model
The Polish Supreme Court in its judgment of 13 January 2023 (V CSKP 1116/22) confirmed that a housing community cannot completely ban short-term rental. It may:
- Introduce higher management fees (e.g. x2 for STR apartments)
- Require notification of a change in the way the property is used
- Require additional civil liability insurance related to STR
The LTR + STR hybrid works in the owner's favour: 50% of the year is "classic" long-term rental, which the community accepts without objection. Conflict arises only during the STR period and with good planning (summer vacation, when most neighbours are also away) it is minimised.
CWTON for an Apartment With Two Uses
An apartment rented out in a hybrid model must be entered in CWTON. Regardless of whether for 6 months it is not on STR. CWTON is the assumption that the property is offered as STR. No registration means no possibility of listing on Airbnb in the summer season.
In the CWTON form in the "Days of availability" field, you can indicate that the property is available only May-September. This helps with correct city tax settlement and avoiding misunderstandings with officials.
Tax Settlement of the Hybrid Model
Institutional lease and STR can be settled:
- Together on ryczalt 8.5%/12.5% as private rental income (PIT-28)
- Separately: LTR as private rental on ryczalt, STR as JDG (complicated, rare)
- Everything as a sp. z o.o. (CIT 9% or estoński CIT (Estonian CIT model))
The most common choice: everything on ryczalt as a private individual. The PLN 100,000 limit for the first rate (8.5%) is exceeded only at large scale.
Questions and Answers
Can the LTR tenant sublet on Airbnb during the contract?
Without your written consent NO. An institutional lease contract typically contains a clause prohibiting subletting. Breach equals immediate termination of the contract and eviction under the notarial deed regime.
Can you have both an institutional lease and a regular one in one year?
Yes. The institutional lease is one of the lease forms and can be combined with regular lease, occasional lease or STR. Each form has its own formal requirements.
What about the LTR tenant deposit in the hybrid model?
The deposit is returned after the LTR contract ends (April-May), reduced by any damages. A new STR deposit is collected from the guest (usually via Airbnb, PLN 200 to 500) and returned after check-out.
Does an institutional lease have to be at the notary?
Yes, the notarial deed is mandatory (Article 19f paragraph 2 of the Tenants' Rights Protection Act). Without the notarial deed, the contract is not an institutional lease but a regular lease (with more difficult eviction).
Can I terminate the LTR contract early if I want to start STR sooner?
Yes, but only with the tenant's consent (termination by mutual agreement) or in cases specified by the act (e.g. failure to pay rent for 3 months). Unilateral termination of an institutional lease by the owner is possible only in cases provided for by law.
What about depreciation of the apartment in the hybrid model?
Only a sp. z o.o. or JDG on general rules can depreciate an apartment (1.5% per year for apartments, 2.5% for houses). Private rental on ryczalt does not deduct depreciation. That is another argument for a sp. z o.o. for larger STR portfolios.
To launch the LTR plus STR hybrid model with proper contracts and CWTON registration, use the Standard Package HostReady, where you will receive an institutional lease contract template, an STR house rules template, instructions for synchronising both forms, and a hybrid calculator.