Sample Lease Agreement Malta

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The lease contains specific information about the rental property, including the terms of payment of rent and electricity bills, the length of the lease, the notice period before the termination of the lease, the rules on common areas and additional services provided by the owner/owner, including cleaning and maintenance services. Maltese law does not provide for the possibility of a tacit renewal of a lease,[34] so that at the expiry of the lease, the lease expires ipso swears. Therefore, neither party is obligated to inform about such an event. [35] Such leases cannot be renewed and must also be registered in the same way as private leases. A tenant may apply for termination of the contract and sue for damages if the lessor does not make repairs that may infringe his right to commercial use of the property, depending on the terms of the lease. [17] If repairs are urgent and cannot be delayed until the lease is terminated, the tenant is required to suffer the inconvenience caused by the repairs. [18] If repairs take more than forty days to complete, the tenant is entitled to a reduction in rent in relation to the tenant`s time and degree of nuisance. [19] The Housing Authority of Malta is the most important institution that deals with all rent issues. In 2018, the Authority has even enacted a new law that includes several amendments to the Housing Act, which provides for leases. During the lease, the lessor would have the right to access the property and, in an agreed manner with the tenant in the tenancy agreement, with appropriate termination (usually 24 hours of termination), to allow the lessor to fulfill its obligations or to ensure that the tenant fulfills its obligations, as well as to show the property to potential tenants if the current tenant indicates that he does not intend to renew the tenancy agreement. When renting or renting a furnished or unfurnished property, it is important to establish an inventory report.

Ideally, both parties agree at the beginning of the lease agreement. Owners generally offer this service for a fee. In the case of a private lease, the lessor must declare the contract within 10 days of the start of the lease. Otherwise, the tenant can declare the contract himself and keep part of the rent for the reimbursement of administrative costs. For each new private rental agreement, a separate registration is required. The law, which came into force on January 1, 2020 («applicable date»), applies to private leases entered into or renewed after the applicable date. It does not apply to leases granted after June 1, 1995 and which are still in effect as of January 1, 2020. These will continue to be governed by the Civil Code (Chapter 16 of Maltese laws), with the exception of certain cases as defined in Article 5 of the Act – which provides that private leases concluded after 1 June 1995, but before the applicable date and which are still in force on 1 January 2021 or after, whether in their initial or extended period, would also be governed by law. According to LN 260/2018, landlords have the right to change the rent to be paid in the event of an automatic renewal of a rental or rental agreement.

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