Can One Guarantee Be Used for Multiple Najem Okazjonalny Agreements

Can one guarantee be used for multiple Najem Okazjonalny agreements

The guarantee (oświadczenie właściciela lokalu) is a key document when concluding a Najem Okazjonalny lease in Poland. It confirms that the tenant has an alternative address to move to if the lease is terminated. Without this document, a notary will not certify the lease, and the Najem Okazjonalny will not have legal force.

Tenants often ask: can the same guarantee be used for several contracts — for example, when moving or signing multiple agreements in succession? Let’s look closely at how guarantees work and why every new lease requires a separate document.

Why a guarantee is required

The main purpose of the guarantee is to simplify eviction if a dispute arises or the lease terms are breached. This document:

• confirms that a third party (the owner of a flat/house) agrees to accept the tenant if eviction occurs;
• contains a precise address to which the tenant can move;
• is a mandatory attachment to a Najem Okazjonalny lease;
• gives the landlord legal protection and the ability to act quickly in case of violations.

Unlike standard leases where eviction may take months or years, Najem Okazjonalny — thanks to the guarantee — enables a simpler and faster enforcement process.

Can one guarantee be reused for multiple leases?

In practice and under law, a single guarantee cannot be attached to multiple Najem Okazjonalny agreements at the same time. This is because:

1. Each lease has its own terms: duration, rent amount, start and end dates.
2. The guarantee is always “tied” to a specific contract and is referenced in notarial records.
3. A notary will not accept a guarantee that has already been used for another agreement.

If a tenant changes flats or signs a new contract, they must provide a new guarantee — even if the guarantor’s details remain the same.

Reusing the same guarantor

Although the same guarantee document cannot be reused, the same guarantor (owner of another property) may give consent again. In this case:

• a new document is prepared, indicating the address for potential move-out;
• the document is signed again by the guarantor and provided to the parties;
• if necessary, the document is notarized.

Formally the guarantor is the same, but a new set of documents is created for each lease.

Risks of using one guarantee for several leases

Some tenants or landlords think they can save time and money by reusing a single guarantee. This carries serious risks:

• Legal invalidity. A court may deem the lease invalid if the guarantee does not meet requirements.
• Notary issues. Documents may be rejected when attempting to certify a new Najem Okazjonalny.
• Financial losses. If terms are breached, eviction may be delayed or become impossible.

When a new guarantee is mandatory

A new guarantee is required when:

• signing a new lease for a different property;
• the landlord or tenant changes;
• lease duration or rent amount changes;
• the previous guarantee has expired (it usually matches the lease term);
• the guarantor or the move-out address changes.

This ensures the document remains current and legally effective.

Real-world example

A tenant signed a Najem Okazjonalny for one year with a guarantee from a friend. After a year, they rented another flat from a new owner. Although the guarantor was the same, the notary required a new guarantee, because it must be linked to the new contract. The old document no longer had legal force.

Tips for tenants and landlords

• Do not attempt to reuse a single guarantee — it will create legal problems.
• Arrange with the guarantor in advance to prepare a new document when needed.
• Keep copies of all papers: the guarantee, the lease, and notarial confirmations.
• If in doubt, consult a lawyer or a notary to avoid unnecessary expenses.

Conclusion

One guarantee cannot be used for multiple Najem Okazjonalny agreements. Each contract requires a separate document, even if the guarantor’s details haven’t changed. This ensures transaction transparency and gives both parties solid legal grounds to protect their interests in the event of a dispute.