Rental guarantor: when it makes sense and how to put it in writing
A guarantor in a rental agreement takes on the tenant’s debt if the tenant doesn’t pay the rent or other charges due under the agreement. That’s it. Do you have a student applicant or someone in their first job? In that case, a parent’s signature can really protect your rent. There are two conditions: the guarantor has to have the money to pay, and the document itself has to be drawn up properly. Below I explain when a guarantee makes sense, what the document must contain to be valid, and how it differs from a deposit.
Who is a guarantor in a rental agreement and when do they pay?
They pay for the tenant when the tenant fails to meet their obligation. In most cases, that means falling behind on rent. A guarantee is a separate agreement between the landlord and the guarantor (not just another clause binding the tenant). The rules are set out in the Polish Civil Code provisions on suretyship. The key one here is Article 881: unless the parties agree otherwise, the guarantor is liable as a joint and several co-debtor. What does that mean in practice? You can demand payment from the guarantor straight away, without waiting for the tenant to settle the arrears themselves.
When does a rent guarantee make sense?
When the tenant doesn’t have an income history of their own yet, and the person giving the guarantee is financially secure. It usually comes down to one of these situations:
- a student supported by their family,
- a first independent rental, with no previous agreements or references,
- a short employment history or an ongoing probation period.
With a student, the guarantor is most often a parent. But keep in mind: a guarantee is only worth as much as that person’s ability to pay. A signature alone doesn’t solve anything. Also, collect the guarantor’s personal data only to the extent needed for the agreement, in line with GDPR. The limits are the same as for what you can check about an applicant. A separate matter is a holding deposit before signing - it reserves the property, but it doesn’t protect you for the whole rental period.
How do you write a rental guarantee so that it is valid?
In writing. Otherwise the guarantee is invalid, as Article 876 § 2 of the Civil Code states. Rent for the coming months is a future debt, and Article 878 allows a future debt to be guaranteed only up to an amount specified in advance. The same provision has one more catch: a guarantee of a future debt given for an indefinite period can be revoked by the guarantor until the debt arises. So state the period it covers, and that settles it. The document should include:
- the parties to the agreement and details that identify them,
- a reference to the rental agreement the guarantee relates to,
- the scope of the debts: rent, service charges, any damage to the property,
- the upper limit of the guarantor’s liability,
- the duration of the guarantee,
- the guarantor’s handwritten signature.
You agree the limit between yourselves. And if the terms are unusual, for example they cover several properties or several tenants? Then have a lawyer review the wording.
What does a change to the rental agreement mean for the guarantor?
Nothing beyond what they agreed to. Article 879 § 2 of the Civil Code makes it clear that later arrangements between the landlord and the tenant do not increase the guarantor’s obligation. Are you raising the rent or extending the tenancy by agreeing it only with the tenant? The guarantee won’t expand on its own. The guarantor is liable within the limits they accepted in writing, and that’s all. If the agreement is to run longer, get their fresh consent. The details are in the post on how a guarantee works when extending an agreement.
Guarantee vs deposit: which protects a tenancy better?
A deposit is money you hold from day one. A guarantee is a promise to pay, which you still have to enforce if things go wrong. That’s a big difference. The table shows it best:
| Criterion | Deposit | Guarantee |
|---|---|---|
| Who pays | The tenant | The guarantor, if the tenant doesn’t pay |
| Access to the money | From the day it is paid | Only after a demand and payment by the guarantor |
| Form | Payment set out in the rental agreement | Written statement by the guarantor |
| Scope | Up to the amount paid | Up to the limit stated in the guarantee |
| Risk for the landlord | Low, the funds are at hand | Depends on the guarantor’s ability to pay |
| Burden for the tenant | Cash tied up at the start | No upfront cost |
No one says you have to pick just one. With a student, you can easily combine a lower deposit with a parent’s guarantee. It’s also worth understanding how a deposit works as rental security and when you are actually allowed to keep it.
What should you do when the tenant stops paying?
First, send the tenant a payment demand. At the same time, let the guarantor know, because with joint and several liability you can demand the money from either of them. Often a single phone call to the parent is enough for the arrears to suddenly get paid. Proven steps are described in the guide on how recovering arrears out of court works. Keep the rental agreement, the guarantee document and any annexes in one place, for example in the agreement documents in Tenanto. In a dispute, you’ll quickly show what the guarantor agreed to. And if they dispute the scope of their obligation or simply refuse to pay? That’s the time for a lawyer.
In short: a guarantor in a rental agreement genuinely protects your rent when they are able to pay and the guarantee was written with a maximum liability amount and a set duration. With a student or someone in their first job, I think the safest option is to combine a guarantee with a deposit. The cash at the start gives you liquidity, and the parent’s signature covers larger arrears.
Frequently asked questions
No. Article 876 § 2 of the Civil Code requires the guarantor’s statement to be made in writing, otherwise it is invalid. A parent’s verbal promise won’t give you grounds to demand payment. Not sure whether the form you chose meets this requirement? Check with a lawyer.
Yes, if the guarantee of a future debt was given without a set period. In that case, they can revoke it until the debt arises. Hence the simple advice: state in the document the period for which the guarantee applies.
Not beyond what they agreed to. Under Article 879 § 2 of the Civil Code, later arrangements with the tenant do not increase the guarantor’s obligation. So a rent increase agreed only with the student won’t bind the parent without their consent.
