Can You Rent a Flat in Poland Without a Guarantee (Poręczenie)?

Yes. The statement by the owner of another property (oświadczenie właściciela), commonly called a "guarantee" (poręczenie), is required only for an occasional lease (najem okazjonalny). A standard lease agreement and an institutional lease (najem instytucjonalny) do not require it. However, if the landlord wants to conclude an occasional lease specifically, without this attachment they will not be able to use the simplified procedure for vacating the flat.

When a "guarantee" is required

The word "guarantee" (poręczenie) is used in two senses. For an occasional lease it means a statement by the owner of another property (or a person with legal title to it) consenting to the tenant and the people living with them moving in there (Art. 19a(2)(3) of the Act on the Protection of Tenants' Rights, Municipal Housing Stock and Amendment of the Civil Code (ustawa o ochronie praw lokatorów, mieszkaniowym zasobie gminy i o zmianie Kodeksu cywilnego), consolidated text Dz.U. z 2023 r. poz. 725 as amended). We explain this in detail in our article What is a guarantee for an occasional lease. The second meaning is a classic surety under Art. 876 of the Civil Code (Kodeks cywilny): someone undertakes to pay the tenant's debt if the tenant does not. A landlord can ask for such a surety with any agreement, but no law requires one.

An occasional lease can be concluded only by the owner of a residential flat who is a natural person and does not run a business renting out flats, for a fixed term of no more than 10 years (Art. 19a(1)). Only for this type of agreement does the Act require the tenant to name another property and present its owner's consent.

Three forms of lease – a comparison

We describe the differences between these forms in more detail in our articles on how an occasional lease differs from a standard lease agreement and how it differs from an institutional lease.

Ways to rent a flat without a guarantee

Standard lease agreement

This is the simplest route. You need neither a notarial deed nor an address to move out to. It is worth concluding the agreement in writing. A lease for a term longer than one year concluded without written form is deemed to have been concluded for an indefinite term (Art. 660 of the Civil Code). The landlord's position is weaker under this form, so they more often expect a higher deposit (up to 12 times the rent), proof of income or a classic surety.

Institutional lease

If the flat is let by a company that does this as its business, it will conclude an institutional lease agreement (Art. 19f). The tenant then makes a notarial statement of submission to enforcement, but does not have to name another property or present anyone's consent.

Occasional lease with a statement from family or friends

If the owner is set on an occasional lease, the statement can be signed by any owner of a residential flat: a parent, a relative, a friend, or even a company that owns a flat. Being related does not matter. For that person it does not mean liability for the rent, only consent for the tenant to live there in the event of eviction.

A statement from a company

People who have no one in Poland with a flat often use companies offering paid owner's statements. Legally it is the same document, so the same requirements apply. We explain what to look out for and how much it costs in our article How much a guarantee for an occasional lease costs.

What if an occasional lease agreement lacks this attachment

The special rules of an occasional lease apply only if the requirements of the Act are met. If the statement about another property is missing, the landlord risks being unable to use the procedure in Art. 19d, i.e. an enforcement clause attached to the notarial deed. The agreement may then be treated as a standard lease, and eviction would require court proceedings. For the tenant this means a less certain legal position and a potential dispute. That is why neither party should agree to an "occasional lease without a guarantee". It is better to conclude an agreement in the form that reflects reality from the outset.

A different situation is losing the named property during the lease, e.g. when its owner sells it. The tenant then has 21 days to name a new property and present a new statement (Art. 19a(3)). If they do not, the landlord may terminate the agreement with a notice period of at least 7 days (Art. 19d(5)).

Why landlords so often require this document

Above all, owners fear a lengthy eviction. Under a standard lease, eviction requires a court judgment, in which the court rules of its own motion on the right to social housing (Art. 14 of the Act). Judgments ordering a flat to be vacated are not enforced from 1 November to 31 March if the evicted person has not been given a place to move to (Art. 16). Under an occasional lease these provisions do not apply (Art. 19e). The named property allows the bailiff (komornik) to move the tenant straight away, instead of waiting for temporary accommodation from the municipality (gmina) (Art. 1046 § 4 of the Code of Civil Procedure (Kodeks postępowania cywilnego)).

How to persuade a landlord when you do not have a guarantee

• Propose a standard lease agreement with a higher deposit, within the statutory cap.
• Present documents confirming a steady income, e.g. an employment contract or a certificate from your university confirming a scholarship.
• Offer a classic surety for the rent, e.g. a parent. A surety agreement must be in writing (Art. 876 § 2 of the Civil Code).
• Propose a shorter initial term with the option of signing a further agreement.
• Look for institutional lease offers, where an address to move out to is not needed.
• If the landlord will not budge on an occasional lease, get a statement from friends or from a reliable source and check it in the land and mortgage register (księga wieczysta).

Frequently asked questions