Notice of Termination of a Residential Lease by the Tenant

When and how a tenant may withdraw

Under Chapter 604, article 11, a tenant (lessee) may not withdraw from a long private residential lease before the lapse of a minimum period that depends on the duration of the lease: six months if the lease is for less than two years, nine months if it is for two years or more but less than three years, and twelve months if it is for three years or more.

If the lessee withdraws before that minimum period has lapsed, the lessor may retain up to one month's rent from the security deposit, without prejudice to the lessor's right to claim any further amount actually due, as set out in Chapter 604, article 11.

Once the applicable minimum period has elapsed, the tenant may withdraw at any time by giving notice to the lessor by registered letter, respecting further minimum notice periods before the intended termination date: at least one month for leases of less than two years, two months for leases of two to three years, and three months for leases of three years or more, as stated in Chapter 604, article 11.

The parties may agree on terms more favourable to the tenant, and no penalty may be imposed on the tenant for validly exercising this right of withdrawal, in accordance with Chapter 604, article 11.

Termination at the end of the agreed term

A private residential lease normally ceases upon the expiry of its term provided the lessor gives at least three months' notice by registered letter; if the lessor fails to do so, the lease is deemed renewed for a further year, as provided in Chapter 604, article 9.

If the lessor does not serve such notice but the tenant nonetheless wishes to terminate the agreement on the date stipulated in the contract, the tenant must give the lessor at least one month's notice before that date by registered letter, under Chapter 604, article 9.

In that case, the tenant is entitled to recover the security deposit paid under article 6(1)(f), subject to the retention rules on early withdrawal in article 11, as confirmed by Chapter 604, article 9.

Form and delivery of the notice

• The notice must be given by registered letter; this is the form of delivery expressly required by Chapter 604, article 9 and Chapter 604, article 11.
• It is sufficient for the tenant to prove that the registered letter was sent within the stipulated time and to the correct address; actual receipt does not need to be separately proven, per Chapter 604, article 11.
• If notice is not adequately served, the lease is deemed not to have been terminated by the tenant, as stated in Chapter 604, article 11.
• Retain proof of posting (registered letter receipt) as evidence of compliance.

Deposit, handover and mutual termination

• The security deposit is dealt with under article 6(1)(f) of Chapter 604 and its return is linked to proper termination under article 9 and to any retention rights of the lessor under article 11.
• Where the lessor retains part of the deposit for early withdrawal, this is capped at one month's rent, but the lessor may still pursue the tenant for any other amounts actually due, under Chapter 604, article 11.
• If the parties agree to a mutual termination, or the tenant abandons the property without notice, the lessor may notify the Authority and request registration of a new lease, as provided in Chapter 604, article 9D; this does not release either party from claims arising from the abandonment.
• The passages do not specify a fixed statutory procedure for the physical handover of keys or condition reports; readers should check the written lease agreement and, where relevant, verify current practice with the Housing Authority.

Tenant's Notice of Termination of Residential Lease

To: [Full name of Lessor]
[Address of Lessor]

Sent by Registered Letter

Date: [date]

Re: Notice of Termination of Lease of the dwelling-house at [full address of leased premises]

Dear [Name of Lessor],

I refer to the private residential lease agreement entered into on [date of lease agreement] between yourself as lessor and myself as lessee, in respect of the dwelling-house situated at [address of premises], for a term of [duration of lease].

I hereby give you notice, in accordance with [article 11 / article 9(4)] of the Private Residential Leases Act (Chapter 604 of the Laws of Malta), of my intention to terminate the said lease with effect from [intended termination date], being not less than [one/two/three] month(s)/[nine/twelve months, as applicable] from the date of this letter.

I kindly request that:
1. You confirm receipt of this notice;
2. Arrangements be made for the handover of the premises and keys on or before [termination date];
3. The security deposit of [amount] EUR paid by me upon signing the lease be returned to me, subject to any amount which may lawfully be retained in accordance with the said Act, following inspection of the premises.

I shall ensure that the premises are vacated and left in the condition required under the lease agreement by the above date.

Please contact me on [telephone number] or [email address] to arrange the handover.

Yours faithfully,

[Full name of Tenant]
[ID Card Number]
[Address]
[Signature]

Insert the correct notice period (one, two or three months, or twelve months for early withdrawal cases) depending on the duration of the lease and whether the lessor already gave termination notice under article 9; verify the exact applicable period against the current text of Chapter 604 before sending.

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This template is based on the Malta legislation in the Europaius corpus. Verify the current wording before use; this does not constitute legal advice. Legal Advisor · Europaius MT