The owner is obliged to provide the rented property in all respects in a good state of repair. The rental agreement usually distinguishes between ordinary minor repairs, which are usually the responsibility of the tenant, and larger/structural repairs that are the responsibility of the lessor, unless they were caused by the fault or negligence of the tenant. The tenant is responsible for deterioration or damage suffered during its enjoyment, unless they show that such damage was caused without fault. Any period of more than 6 months is considered a private residential rental agreement with a minimum duration of one year. Short leases cannot be renewed. LPRLs must have a term of at least one (1) year and any agreement of a shorter duration is legally considered to be a term of one (1) year. The law contains a presumption of extension for LLPs for a further period of one (1) year, unless the LPRL itself provides otherwise and a termination by the landlord is sent to the tenant. The provisions of the Law provide that all private residential rental agreements (LPAs) concluded after the date of applicability and their renewals must be registered. In the absence of registration, a PRL would be considered null and void. These include LPRs concluded after 1 June 1995, but before the applicable date, and which would still be in force on or after 1 January 2021, whether they were initially or renewed. Owners can register their leases online via this link.
All private residential rental contracts concluded after the entry into force of the law on the 1st If one of the contractual conditions is violated by one party, the other party has the right to terminate the contract. Short Let contracts must indicate which of the above categories will be applied and will provide supporting documents. Otherwise, the contract would be considered a private lease with a minimum duration of one year. A common clause in our model agreements also allows the non-resident tenant to terminate the lease if they have to leave Malta with reasonable notice, usually limited to cases of "force majeure". Early termination by both parties is always possible in the event of a serious breach of the explicit or tacit terms of the rental agreement and the parties are free to negotiate additional grounds for early termination. The president also has the power to issue a notice of execution if the lessor does not register the lease, which gives him the opportunity to comply with the law. If the owner does not comply with a notice of execution or does not make a false declaration, this is an offense that results in fines ranging from € 2,500 to € 10,000. The lessee is not allowed to sublet the property or assign his lease to third parties, unless such a right is expressly agreed by the lessor in the contract.
A controversial provision of the law is that it empowers certain authorized persons, including the president of public authority and other authorized persons, who may also benefit from the assistance of the police, the power to enter to inspect or verify whether a rental house is inhabited for residential purposes by persons who do not own such a building. who would occupy that rental house with an invalid or untitled rental agreement title ("Occupation without title"). It is also provided that an arrest warrant signed by a magistrate must absolutely be issued before such an entry. . . .