
How to Replace the Guarantor in a Najem Okazjonalny Agreement
A detailed guide to replacing the guarantor in a Najem Okazjonalny agreement: reasons to replace, step-by-step process, notarisation and risks.
How to replace the guarantor in a Najem Okazjonalny agreement
In a Najem Okazjonalny agreement, the guarantor’s statement is crucial: it confirms the address to which the tenant agrees to move if the lease is terminated. During the tenancy, situations may arise that require replacing the guarantor — due to relocation, changing circumstances or the current guarantor withdrawing consent. It’s important to handle the change properly to preserve the agreement’s legal force.
When a replacement may be needed
- The current guarantor has moved and can no longer provide the address.
- The guarantor changed their mind or revoked consent.
- The tenant found a more reliable guarantor.
- The landlord requests a different address for legal security.
Step-by-step replacement procedure
Step 1. Notify the landlord
The tenant should inform the landlord about the need to replace the guarantor. Do this in writing to avoid misunderstandings.
Step 2. Find a new guarantor
The new guarantor must be the property owner or have the owner’s consent to provide the address. Otherwise the document will be invalid.
Step 3. Prepare a new guarantor’s statement
The new guarantor drafts an oświadczenie właściciela (owner’s statement) indicating the address. It must be in writing and include all required details.
Step 4. Notarisation (if required)
If the original guarantor statement was notarised, the new one must also be notarised.
Step 5. Sign an addendum
To make the change effective, attach a written addendum to the Najem Okazjonalny agreement naming the new guarantor and address.
Step 6. Provide copies
The landlord receives the new original statement and keeps it with the lease. The tenant should retain a copy.
Risks when replacing the guarantor
- Delays may weaken the enforceability of the agreement.
- Incorrect guarantor data can hinder eviction if needed.
- Without an addendum, the replacement may be ineffective.
FAQ
Can I replace the guarantor without the landlord’s consent?
No. The landlord must confirm any changes to the agreement.
Do we need a notary for the replacement?
Yes, if the original guarantor statement was notarised. Otherwise a written document is sufficient.
What if the guarantor withdraws unexpectedly?
Find a new guarantor as quickly as possible to maintain protection under the lease.
Tips for tenants and landlords
- Tenants — always have a backup guarantor in mind.
- Landlords — verify up-to-date data and any notarisation.
- Both — record changes via a formal written addendum.
Conclusion
Replacing the guarantor in a Najem Okazjonalny agreement requires care and proper documentation. Prepare a new statement, notarise it if needed, and sign an addendum. Only then will the tenancy remain legally secure and transparent for both parties.
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