Ending a residential lease: tenant's rights
Residential leases entered into in Malta from 2020 onwards are regulated by the Private Residential Leases Act, which requires written contracts, registration, and sets rules on duration, notice and deposits. General lease rules are also found in the Civil Code. Whether a landlord can end your lease, and with how much notice, depends on the type and length of the contract.
Key facts
Deadline
Notice periods depend on the contract type and duration set out in the Private Residential Leases Act; for example longer leases require the landlord to give written notice before the term ends. Check your contract and the Act for the exact notice that applies to you.
What to do
- Check whether your lease is a long private residential lease, a short lease, or a lease of a primary residence, as different rules apply.
- Confirm the contract is in writing and registered with the Housing Authority, as registration is required by law.
- Read the notice clause: verify who can terminate, when, and how much written notice is required.
- If the landlord wants you out, ask for the notice in writing and check it respects the statutory minimum notice.
- Document the state of the property and your deposit payment so the deposit can be returned at the end.
- If there is a dispute, you can bring the matter before the Adjudicating Panel for private residential leases.
What to watch out for
- An unregistered residential lease can have consequences for the landlord, but you should still keep proof of payments and the contract.
- Leaving before the end of a fixed term without a right to do so may make you liable for rent until the term ends.
- Do not vacate on a verbal request alone; insist on written notice.
- Damage beyond fair wear and tear can be deducted from your deposit.
Legal basis
Frequently asked questions
Does my lease have to be in writing?
Yes. The Private Residential Leases Act (Cap. 604) requires residential leases to be in writing and registered with the Housing Authority.
How much notice must the landlord give?
It depends on the type and length of the lease under Cap. 604. Longer leases require written notice before the term ends; check your contract and the Act for the exact period.
Where do I complain about a tenancy dispute?
Disputes about private residential leases can be brought before the dedicated Adjudicating Panel established under the Private Residential Leases Act (Cap. 604).