Personal Guarantee — Requirements

What is a personal guarantee

A personal guarantee in a Najem Okazjonalny agreement is a document in which a third party (the guarantor) confirms that the tenant can move to the indicated address if the lease is terminated. This document is a mandatory attachment to the agreement and provides additional legal protection for the landlord.

Key requirements for the guarantor

• Age of majority. The guarantor must be an adult with full legal capacity.
• Ownership or lawful right to the dwelling. The address indicated in the guarantee must belong to the guarantor or be lawfully occupied by them.
• Written consent. The guarantor signs a statement agreeing to accept the tenant if needed.
• Identification details. The guarantee includes full name, residential address, and an ID or PESEL number.

Forms of guarantee

1. Simple form — a written statement by an individual with the address indicated.
2. Address added later — an option when the address is not yet known at the time of signing.
3. Notarized guarantee — increases the document’s legal force and simplifies subsequent procedures.

Risks and the guarantor’s liability

By signing a guarantee, the individual undertakes the obligation to actually provide the dwelling to the tenant in case of eviction. If the indicated address is invalid or false information is provided, the Najem Okazjonalny agreement may lose legal effectiveness, complicating the eviction process.

Tips for preparing the guarantee

• Agree on the wording of the guarantee in advance with a notary or lawyer.
• Ensure the address in the document is valid and corresponds to the guarantor’s legal rights.
• Keep copies of all documents related to the guarantee.
• When in doubt, use notarization to minimize risks.

Conclusion

A personal guarantee is a key element of Najem Okazjonalny. It protects the landlord and encourages tenant compliance, but requires careful preparation and strict adherence to formal requirements.