A guarantee (umowa najmu okazjonalnego) is an important condition when concluding a lease agreement for an apartment in Poland. It serves as a guarantee for the landlord that in the event of non-payment of rent or other obligations by the tenant, the debt will be repaid by the guarantor.
To provide a guarantee, a person must have a steady income and supporting documents (salary certificate, employment contract, or other official proof of solvency). The guarantee itself is drawn up in writing and certified by a notary.
Usually, the guarantor condition is mandatory when the tenant is a foreigner or does not have sufficient credit history in Poland. This creates additional protection for the landlord and ensures more stable legal relations.
If the tenant fails to fulfill the terms of the contract, the landlord has the right to make a claim directly to the guarantor. That is why choosing a person who is willing to act as a guarantor is an important step when signing a najmu okazjonalnego contract.
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In general, a guarantee in a residential tenancy agreement is a third party’s obligation to fulfill the terms of the agreement on behalf of the tenant, for example, regarding monthly payments or the preservation of the landlord’s property, if the tenant fails to do so. In other words, a third party acts as a guarantor that the tenant will fulfill their obligations to the landlord.
When it comes to renting a flat in Poland, a guarantor is required when concluding an occasional tenancy agreement (umowa najmu okazjonalnego). This person confirms that the tenant has alternative accommodation where they can live if they are evicted. The third party’s consent to host the tenant must be in writing, as it is one of the main requirements of this type of rental agreement.
The requirement for a guarantor gives the flat owner additional protection from irresponsible tenants. Therefore, if a tenant violates the rental terms, it will be easier to evict them without going to court.
If you don’t know how to conclude an occasional tenancy agreement or where to find a guarantor, contact Real Consult. Our real estate agents will help you find and rent a home that meets your needs in Gdańsk, Warsaw, Kraków, or smaller cities like Gdynia, Reda, Rumia, Sopot, Borkowo, Żukowo, Pruszcz Gdański, etc. In addition, our specialists will advise you on all issues related to legalisation in Poland, finding housing, and preparing documents, check the legal status of the property, provide support during the conclusion of the rental agreement if necessary, make a sworn translation of the necessary foreign documents, and prepare an annex on the guarantee for the flat rental.
You won’t have to worry about where to find accommodation and a guarantor. Contact us and get professional help in solving any issues related to renting a flat in Poland, especially if you don’t know the Polish language and local laws. We will help you avoid mistakes in documents, reduce risks, and minimise legal consequences due to violations of Polish law. For a consultation, call us, write a message on a messenger, or fill out the contact form on our website.
A rental guarantee in Poland is a financial or legal form of protection for the property owner, confirming the tenant’s consent to fulfill their obligations under the agreement, such as maintaining the property in good condition or vacating it after the agreement expires.
The concept of a guarantee may include:
The rental agreement and guarantee are necessary to protect the rights of both the property owner and the tenant. However, a deposit is not mandatory, as the law does not set a minimum amount—only a maximum. At the same time, if the property owner requires a cash deposit, this condition must be specified in the agreement to ensure the funds are returned later, even in an indexed form. The owner must return the money within one month of the tenant vacating the premises. Failure to comply with this rule is illegal, so the tenant has the right to go to court in such a case.
An occasional tenancy agreement (umowa najmu okazjonalnego in Polish) is a special residential tenancy agreement in Poland that guarantees property owners additional protection. Unlike a traditional rental agreement, which limits the landlord’s actions by legally protecting the tenant’s rights, an occasional tenancy agreement simplifies the procedure for evicting a problematic resident from a flat if they violate the living conditions.
An occasional tenancy agreement can only be concluded for the rental of residential property and only between natural persons. This means that legal entities and private entrepreneurs are not allowed to rent or lease residential property under these conditions.
Because of the benefits for property owners, umowa najmu okazjonalnego is becoming an increasingly popular form of rental agreement in Poland. The benefits include not only the ability to quickly and easily evict a person who violates the terms of the agreement, but also the ability to obtain a legal source of income and protection from lengthy lawsuits.
At the same time, an occasional tenancy agreement is also beneficial for tenants, as it clearly defines the rules for living in and using the flat, protects the tenant’s interests for the term of the agreement, and gives them the right to demand that the landlord provide proper living conditions.
An occasional tenancy agreement includes:
The agreement must be accompanied by a notarised deed confirming the tenant’s consent to fulfill their obligation to vacate the flat after the agreement expires and hand over all property to the owner in good condition without damage.
A document confirming the availability of alternative accommodation on Polish territory where the tenant can live in case of eviction by the landlord must also be provided, as well as a guarantee, i.e., a statement from the owner of that accommodation confirming their consent to host the tenant. Therefore, the landlord has the right to evict the tenant at any time using a simplified procedure without going to court if the tenant has violated the terms of the agreement. They obtain this right based on the guarantor’s assurance that the person will not be left homeless and will have a place to live.
For the occasional tenancy agreement to be valid, the flat owner must notify the tax office at the address of the property within 14 days. If this is not done, the rental agreement will be considered a traditional/standard agreement with the corresponding terms.
Foreigners, including Ukrainian citizens, can conclude an occasional tenancy agreement on the same terms as Poles. They must provide a document confirming the availability of alternative accommodation on Polish territory, not in another country. However, Ukrainians who have been granted temporary protection status PESEL UKR, in accordance with a special law, are only required to submit a deed of voluntary performance of the terms, vacating and handing over the flat to the owner. This means they do not have to specify alternative accommodation or provide confirmation that another landlord will allow them to live in their flat. But an occasional tenancy agreement for Ukrainians without a guarantor is only possible as long as this law is in effect and if the person arrived in Poland after 24 February 2022 and has been granted UKR status.
This law was intended to facilitate the process of concluding a rental agreement, but in practice, it has resulted in landlords being able to evict residents without any guarantees. To avoid problems when concluding a rental agreement and minimise risks, seek the help of specialists. This way, you can protect your rights and draw up all documents in accordance with legal norms.
In Poland, a guarantee (poręczenie w umowie najmu) is an important element of protection for the residential property owner in case of non-payment of rent or the tenant’s refusal to leave the flat. It is an additional mechanism that gives the landlord confidence that the problematic resident will vacate the premises if needed.
What is required for a guarantee:
Consent to eviction means that the tenant agrees to voluntarily vacate the flat without a court hearing if necessary.
An occasional tenancy agreement must be concluded in writing, but it does not have to be notarised. All changes to the living conditions are also entered into the document in writing.
Regarding the guarantee statement (poręczenie) that must be attached to the agreement, it must be notarised. This statement must include information about the guarantor, the tenant, and the landlord, refer to the occasional tenancy agreement, and provide details about the alternative accommodation.
The guarantee statement from the owner of the other accommodation, as well as the rental agreement itself, must be prepared in two copies—one for the tenant and one for the landlord.
If rental guarantees are required, a written agreement on a financial guarantee is also concluded in addition to the occasional tenancy agreement. In this document, the third party guarantees the tenant’s fulfillment of their obligations and assumes responsibility in case of rent arrears or property damage.
When it comes to a poręczenie w umowie najmu, the guarantee statement becomes effective on the day it is signed and the occasional tenancy agreement is concluded. The guarantee is valid for the period for which the rental agreement was concluded.
A tenancy or residential rental agreement with a guarantor provides the property owner with additional protection from unreliable tenants. This means that if the terms of the agreement are not met, the landlord has the right to evict the tenant at any time, as the tenant has provided a document confirming the availability of alternative accommodation where they can settle. In other words, a guarantor in an occasional tenancy agreement is not a classic financial guarantor but merely gives the tenant permission to live in their flat if the rental agreement is terminated.
The guarantor provides documents that confirm ownership of the accommodation and a notarised statement of consent to accept the tenant after they are evicted from the rented flat.
How does a guarantee help the landlord? If a tenant violates the living conditions, the property owner can evict them without a lengthy court process, based on the tenant’s consent to voluntary eviction and the availability of a flat to which they can move.
In addition, an agreement on financial guarantees can be concluded, which establishes joint liability for the tenant and the guarantor. This means that the property owner can demand that both the tenant and the guarantor fulfill the obligations under the agreement, especially regarding rent payments. The document is attached to the rental agreement and must contain a statement from the guarantor that they have read the terms of the agreement and the tenant’s financial obligations. The landlord can then turn to the guarantor to pay the rent debt on behalf of the tenant if the latter has not paid.
Temporary rentals in Poland under an occasional tenancy agreement involve an agreement only between natural persons. A guarantor can be both a natural person of legal age and legal capacity and a legal entity.
Requirements for a guarantor:
A guarantor can be a relative, friend, colleague, or any other person who meets the requirements of Polish law.
When it comes to an occasional tenancy agreement, the guarantor in such an agreement has a clearly defined role. They guarantee that the tenant will have a place to live if the agreement is terminated and they are evicted from the rented flat.
If you would like to know more about the specifics of a guarantee and the legal procedure for refusing obligations, contact our specialists for a consultation.
A residential tenancy agreement in Poland requires finding a guarantor. But in the case of a temporary tenancy agreement, this person is not a financial guarantor but merely agrees to provide accommodation to the tenant in the event of their forced eviction from the rented flat. This means that the guarantor does not guarantee rent payments, is not responsible for late rent payments, and does not pay debts on behalf of the tenant.
Only the tenant is responsible for paying the rent under an umowa najmu okazjonalnego. If the property owner wants to obtain financial guarantees, they can ask the tenant to pay a cash deposit (kaucja) or additionally conclude a financial guarantee agreement (umowa poręczenia) in accordance with the norms of Polish civil law.
To get a poręczenie przy wynajmie mieszkania, you first need to find a guarantor who agrees to provide accommodation for the tenant to move to if they need to vacate the rented accommodation due to the expiration of the agreement, non-payment of rent, or violation of other living conditions.
Under an occasional tenancy agreement, the tenant is obliged to provide a notarised statement of their willingness to voluntarily leave the rented flat, and the guarantor is obliged to provide a statement of consent to provide alternative accommodation for the tenant.
To get the statement, you can get a sample from a notary or real estate agents in Poland. To make sure all documents are prepared correctly and do not violate legal requirements, get help from Real Consult specialists. We provide detailed consultations, explain the rights and obligations of the parties to the rental agreement, help you collect the necessary documents, make a sworn translation, correctly draft the statements from the tenant and the guarantor, and provide support during the conclusion of the agreement, which allows you to avoid mistakes, reduce risks, and comply with the law. For a consultation, call us, send a request on messengers, or fill out the corresponding form on our website.
An occasional tenancy agreement for a flat or other accommodation in Poland involves the conclusion of the agreement itself and the preparation of statements about the tenant’s voluntary eviction and the guarantor’s consent to provide them with accommodation to move to. Therefore, the cost of the guarantee will depend on the cost of the notary’s services and the arrangements with the guarantor.
If the guarantor is one of your relatives or friends in Poland, it will be a bit cheaper, provided you don’t pay them for this service. If you don’t have alternative accommodation, you will have to turn to third parties who agree to write a statement about their readiness to provide you with accommodation after the rental agreement expires or if you are forcibly evicted from the rented flat. This service is paid for.
On average, a guarantee can cost 300-500 PLN. For additional information, to find out the prices and to get an accurate calculation of the service cost, contact our specialists by phone.
An occasional tenancy agreement for accommodation involves the conclusion of a temporary rental agreement and the submission of documents, the list of which is clearly established by law. To get a guarantee, you must provide:
These conditions apply to both Polish citizens and foreigners. However, there is an exception for Ukrainians who arrived in Poland due to the war in Ukraine after 24 February 2022 and have temporary protection status PESEL UKR. As long as the Special Act on Assistance to Citizens of Ukraine in Connection with the Armed Conflict is in force, Ukrainians do not need to submit a statement from a guarantor about their readiness to provide alternative accommodation to conclude a rental agreement. But they are obliged to have their Ukrainian documents translated by a sworn translator, write a statement of consent to voluntary eviction, and sign an umowa najmu okazjonalnego.
To avoid mistakes and minimise risks, you need the help of migration law specialists. This will help you not only draw up all documents in accordance with legal requirements but also protect your interests when renting a home. To get a consultation, help with a sworn translation, and support in concluding a rental agreement, contact our consultants by phone, on messengers, or through the form on our website.
When it comes to an occasional tenancy agreement for accommodation in Poland, a mandatory condition is the submission of a statement about the availability of an alternative flat for living. A natural person who provides documents on the right of ownership or use of the accommodation and agrees to accept the tenant in case of their eviction is the guarantor.
A guarantor is not required only for those who can conclude an agreement using a simplified procedure. This includes, in particular, Ukrainian citizens who came to Poland after 24 February 2022 due to the war and have PESEL UKR status.
Yes. Real estate specialists at Real Consult can not only help you collect all the documents and conclude a rental agreement—an occasional tenancy agreement—but also find suitable accommodation in the right area and prepare a guarantee document. You can find out more about these services from our consultants by phone.
Real Consult has a licence from the Polska Federacja Rynku Nieruchomości (Polish Federation of the Real Estate Market) and provides professional services related to finding accommodation, preparing the necessary documents, concluding rental agreements, and providing guarantees.
The services provided by our specialists include:
At Real Consult, we have accommodation that can be specified as an alternative and its address can be indicated in the document from the guarantor. We will find a flat or house based on your requirements and wishes, prepare the necessary documents, and help you conclude a rental agreement that will protect your rights. This means you will receive comprehensive services to solve your problem.
If you don’t know the Polish language, are not familiar with local laws, and don’t understand the specifics of the Polish real estate market, contact our specialists and get professional help to avoid mistakes and negative legal consequences due to a violation of legal requirements. For a consultation, call us, write a message on Telegram, Viber, or WhatsApp, or fill out the form on our website.
