Residential Lease Agreement
Template residential lease agreement for a dwelling in Malta. Every private residential lease, long or short, is governed by the Private Residential Leases Act (Cap. 604) and, where that Act is silent, by the Civil Code (Cap. 16). The contract must be in writing and the lessor must register it with the Housing Authority within thirty days of the start of the lease; since the 2024 amendments an unregistered contract is null (art. 4). A long lease cannot be shorter than one year (art. 8), the rent may rise at most once a year and by no more than 5% (art. 14), and the contract must state the deposit and include a signed inventory with photographs (art. 6). Fill in the brackets and delete the options that do not apply.
Residential Lease Agreement
RESIDENTIAL LEASE AGREEMENT
THE LESSOR: [full name], holder of identity card / passport No. [number], of [address], hereinafter referred to as the "Lessor".
THE LESSEE: [full name], holder of identity card / passport No. [number], of [address], hereinafter referred to as the "Lessee".
1. THE PREMISES
The Lessor leases to the Lessee the dwelling situated at [full address], together with its fixtures and fittings as listed in the inventory annexed hereto, to be used exclusively as the Lessee's private residence.
2. DURATION
The lease is a [long / short] private residential lease granted for a period of [number] year(s) / months, commencing on [date] and expiring on [date]. A long lease shall not be for less than one (1) year. Unless the Lessor gives notice by registered letter at least three (3) months before expiry, the lease shall be renewed for a further year in accordance with article 9 of the Private Residential Leases Act.
3. RENT
The monthly rent is [amount] EUR ([amount in words]), payable in advance by the [number] day of each month by [bank transfer to IBAN / other means]. [The rent shall not be increased during the lease. / The rent may be increased once a year, on the anniversary of the lease, in line with the Property Price Index published by the National Statistics Office, but never by more than five per cent (5%) of the previous rent.]
4. DEPOSIT
The Lessee pays to the Lessor a security deposit of [amount] EUR, to be refunded at the end of the lease, less any sums lawfully due for damage beyond normal wear and tear, unpaid rent or unpaid utility bills. The condition of the premises and of the furniture and appliances is recorded in the inventory signed by both parties, with photographs and short descriptions, annexed to this agreement.
5. UTILITIES AND EXPENSES
The Lessee shall pay for water, electricity and other consumption charges relating to the premises during the lease. Condominium and structural expenses remain the responsibility of the Lessor unless otherwise agreed in writing.
6. OBLIGATIONS OF THE LESSEE
The Lessee shall keep the premises in a good state of repair, use them with the diligence of a bonus paterfamilias, not sublet or assign without the Lessor's written consent, and return the premises in the condition received, save for fair wear and tear.
7. OBLIGATIONS OF THE LESSOR
The Lessor shall deliver the premises in a habitable condition, guarantee the Lessee's peaceful enjoyment and carry out the structural repairs for which the Lessor is responsible at law.
8. REGISTRATION
The Lessor shall register this lease with the Housing Authority within thirty (30) days of its commencement and shall give the Lessee a copy of the registration. If the Lessor fails to do so, the Lessee may register the lease at the Lessor's expense.
9. TERMINATION
The Lessee may withdraw from a long lease after the minimum periods in article 11 of the Private Residential Leases Act (six months for a lease of less than two years, nine months for two to three years, twelve months for three years or more), by registered letter giving one, two or three months' notice respectively. The Lessor may end the lease only on its expiry, by registered letter sent at least three (3) months before, or on the grounds allowed by law.
10. GOVERNING LAW
This agreement is governed by the laws of Malta, and the Maltese courts shall have jurisdiction over any dispute arising from it.
Signed in duplicate at [place], on [date].
The Lessor: ______________________ The Lessee: ______________________
Legal basis
Frequently asked questions
Does a residential lease in Malta have to be registered?
Yes. Article 4 of the Private Residential Leases Act (Cap. 604) obliges the lessor to register the contract with the Housing Authority within thirty days of the start of the lease, renewals included. Since Act XX of 2024 an unregistered contract is null. If the lessor does not register it, the tenant may do so and recover the cost from the rent.
How much notice does a tenant have to give in Malta?
Under article 11 of Cap. 604 a tenant on a long lease can leave after six months (lease under two years), nine months (two to three years) or twelve months (three years or more), giving one, two or three months' notice by registered letter. Leaving earlier allows the landlord to keep up to one month's rent from the deposit.
Can the landlord increase the rent every year?
Only if the contract provides for it, once a year, in line with the Property Price Index and never by more than 5% of the previous rent (article 14 of Cap. 604). A fall in the index does not reduce the rent. Any increase not foreseen in the registered contract is void.
What is the minimum length of a lease in Malta?
A long private residential lease cannot be shorter than one year; a shorter term is treated as one year (article 8 of Cap. 604). Short leases of up to six months are allowed only for the categories listed in the Act, such as non-resident workers or students, and must state that purpose.