Legal Risks When a Najem Okazjonalny Has No Guarantee

Legal risks when there is no guarantee in a Najem Okazjonalny

In Poland, Najem Okazjonalny is designed to balance tenant and landlord interests. A core element is the guarantee (owner’s statement) naming the address to which the tenant will relocate if the lease is terminated. If the guarantee is missing or defective, the lease loses the special Najem Okazjonalny effects and becomes a standard lease — with serious consequences for the landlord.

Why the guarantee matters

The guarantee serves several purposes:

• Move-out assurance. The tenant pre-designates a relocation address.
• Legal protection. Without it, the fast-track eviction mechanism does not apply.
• Risk reduction. The landlord avoids lengthy court proceedings.
• Trust. A complete package signals the tenant’s reliability.

Landlord risks when there is no guarantee

• Eviction difficulties. A full lawsuit is required and may take months or years.
• Financial loss. Harder to quickly recover possession if rent is unpaid.
• Limited protection. The lease is treated as a regular tenancy.
• Higher fraud risk. Bad-faith tenants can more easily stall proceedings.

Tenant risks

Skipping the guarantee also has downsides for tenants:

• Lower trust. Many owners refuse to rent without the full package.
• Less transparency. “Simplified” paperwork more often leads to disputes.
• Fewer long-term options. Landlords prefer fully protected leases.

What if the guarantee is drafted incorrectly

Even an existing document may be ineffective if it contains errors:

• Missing consent from the owner of the indicated dwelling.
• Incorrect personal data of the guarantor.
• Unverifiable or unavailable address.
• Lack of notarisation where required.

How to minimise risk

1. Use vetted templates for the guarantee.
2. Check all data before going to the notary.
3. Where suitable, use reputable online services for preparation.
4. Keep copies of the entire document set.

FAQ

Conclusion

Without the guarantee, the landlord loses the chief advantage of Najem Okazjonalny — streamlined eviction. Tenants also face drawbacks: reduced trust and fewer opportunities. The guarantee is not a mere formality, but a practical protection tool for both parties.