Common Mistakes When Drafting a Najem Okazjonalny Guarantee

Mistakes when preparing a Najem Okazjonalny guarantee

A guarantee is a key document for a Najem Okazjonalny lease in Poland. It confirms that the tenant has a place to move to if the lease is terminated. In practice, many people make mistakes when drafting it, which can lead to legal issues, a notary refusing certification, or even the lease being deemed invalid.

Most common mistakes

• Incomplete guarantor data. Missing full name, date of birth, or ID document number.
• Incorrect address. Providing an incomplete or inaccurate property address.
• The guarantor is not the property owner. If the signer has no rights to the property, the guarantee loses legal effect.
• No notarization. While not always required by law, landlords often insist on it for stronger protection.
• Errors and alterations. Any strikethroughs or edits can cast doubt on authenticity.
• Mismatched dates/terms. The guarantee should remain valid for the entire Najem Okazjonalny term.
• Missing signature. A simple but frequent mistake that voids the document.

Why mistakes are risky

• A notary may refuse to certify the lease.
• The landlord loses legal protection in a dispute.
• The tenant risks being unable to sign a Najem Okazjonalny lease.
• Eviction proceedings may drag on for months in case of conflict.

How to avoid mistakes

1. Use vetted guarantee templates.
2. Double-check all details: names, addresses, document numbers.
3. Confirm with the landlord in advance whether notarization is required.
4. Ensure the guarantee is signed by the property owner.
5. Avoid corrections and strikethroughs in the document.

What a correct guarantee should include

A well-drafted guarantee should contain:

• full guarantor details (name, date of birth, ID document);
• tenant details;
• the full address of the property for potential move-out;
• the guarantor’s signature (ideally notarized);
• the date of issue/preparation.

FAQ

Conclusion

Mistakes in a guarantee can have serious consequences for both tenant and landlord. To avoid problems, verify all data carefully and use notarial form where appropriate. The more accurate the guarantee, the more robust the Najem Okazjonalny lease.