Residential lease agreement template for Malta

This day, Date of the agreement. By the present private writing there appear, on the one part, Lessor, hereinafter referred to as "the lessor",

For each party: full name, address, ID card or passport number and email. For a company: name, registration number and the representative who signs.

and on the other part Lessee or lessees, hereinafter referred to as "the lessee". Where there is more than one lessee, they shall be jointly and severally liable for the obligations under this agreement.

Adding or replacing a lessee later needs the consent of the lessor and the other lessees (Cap. 604, art. 9B and 9C).

The lessor grants by title of lease to the lessee, who accepts under the same title, the dwelling house at Full address of the property, consisting of Description of the property, hereinafter referred to as "the premises".

Write the address as on the registration. Give type, floor, bedrooms, bathrooms, garage, roof or yard access, and whether it is furnished.

The lessor declares that the premises are fit for habitation and has delivered to the lessee a valid energy performance certificate for the premises.

The premises are let exclusively as the primary residence of the lessee and of the persons living with the lessee. The number of residents shall not exceed Number of residents.

This number must match the registration. For residents who are not one family, S.L. 604.07 allows 2 per bedroom and at most 10.

The lessee shall not sublet the premises or assign this lease, in whole or in part, without the written consent of the lessor.

Without a clause allowing it, the lessee may not sublet anyway (Civil Code, art. 1614).

This lease is a long private residential lease in terms of article 8 of the Private Residential Leases Act. It shall run for a period of Term of the lease, from Start date to End date.

A long lease runs for at least 1 year. Any shorter term counts as 1 year.

If the lessor wishes the lease to end on its expiry, he shall give notice to the lessee by registered letter at least three months before the expiry date. Failing such notice, the lease shall be renewed under the same conditions for a further period of one year, and so on for each subsequent year.

The lessor needs no reason to end the lease at its term. Proof that the letter was sent in time to the correct address is enough (Cap. 604, art. 9).

The parties may also renew this lease expressly in writing, for at least one year, without any change to its terms other than a rent increase permitted by article 14 of the Act.

The Housing Authority publishes a model express renewal agreement. Register every renewal.

The lessee may not withdraw from this lease before the lapse of the minimum period laid down in article 11(1) of the Act. After that period, the lessee may withdraw at any time by giving the lessor, by registered letter, at least the prior notice laid down in article 11(2) of the Act.

After a tacit renewal, stay 3 months, then give 1 month's notice. The parties may agree better terms for the lessee.

If the lessee withdraws before the lapse of the said minimum period, the lessor may retain from the deposit an amount not exceeding one month's rent, without prejudice to any other amount due by the lessee.

The lessee shall pay the lessor a monthly rent of Monthly rent euro, payable in advance by the Day of the month the rent is due day of each month, by How the rent is paid.

At most 1 month's rent in advance unless agreed. The lessor gives a receipt unless payment is traceable.

Optional

After the first year of this lease, the rent may be increased once every year, by not more than the average annual variation of the Property Price Index published by the National Statistics Office over the previous four quarters, and in no case by more than five per cent of the previous rent. A negative variation shall not reduce the rent.

Keep it only for a lease of more than 1 year, or if you expect renewals. Without this clause the rent cannot rise during the term.

The lessee pays the lessor, who accepts and issues due receipt, the sum of Deposit euro by way of security for the performance of the lessee's obligations under the law and this agreement.

State the amount even if it is 0. The Housing Authority registration asks for it. The law sets no cap. One month's rent is common.

The lessor shall return the deposit at the end of the lease, in whole or in part, after inspecting the premises against the inventory and after verifying that the lessee has paid all amounts due. The lessor may set off against the deposit only amounts due by the lessee under the law or this agreement, and shall give the lessee a written statement of any deduction.

The Act sets no deadline for the return. A dispute over the deposit goes to the Adjudicating Panel, for registered leases and claims up to EUR 5,000.

Annex A is an inventory, signed by all parties, attesting the condition of the premises and the state of the furniture and domestic appliances supplied by the lessor, with photographs and short descriptions of their content.

The inventory is an essential term, even for an unfurnished home (Cap. 604, art. 6(1)(g)). Without it the lease is null.

The lessee declares that he has examined the premises and that there are no apparent defects other than those recorded in the inventory. At the end of the lease the lessee shall return the premises in the condition described in the inventory, clean, fair wear and tear excepted.

The lessee shall use the premises with the diligence of a bonus paterfamilias and shall carry out the ordinary repairs and maintenance, saving damage caused by force majeure without any fault of his own.

The lessor shall carry out and pay for all structural and extraordinary repairs and all works needed to keep the premises fit for habitation, save those caused by the act or omission of the lessee. The lessee shall give the lessor timely notice of any defect that requires such repairs.

A clause that frees the lessor from these duties without equivalent consideration is void (Cap. 604, art. 7(1)(c)).

The lessee shall not make any alteration or improvement to the premises without the written consent of the lessor.

The lessor shall ensure an adequate supply of water and electricity and shall settle all bills due up to the start of the lease. The parties record the following readings at the start of the lease: electricity Electricity meter number, start reading; water Water meter number, start reading.

A fixed utility charge that does not match real consumption is void (Cap. 604, art. 7(1)(f)). Unpaid utility bills let the lessor seek termination (art. 17(4)).

The lessor recognises the number of residents for the purpose of the correct water and electricity tariff and grants the lessee access to the account details, through Utility recognition route. The lessee shall pay the bills for consumption during the lease, upon receiving a copy of each bill.

If the lessee fails to pay the rent punctually, the lessor may demand the termination of the lease only after calling upon the lessee by judicial letter and the lessee fails to pay within fifteen days of notification, in terms of article 1570 of the Civil Code.

Termination and eviction are decided by the Rent Regulation Board, not by the Housing Authority.

Either party may demand the dissolution of this lease, with damages, if the other party fails to perform his obligations under the law or this agreement.

The lessor cannot end the lease early, except under Civil Code art. 1573 and 1574.

The lessor shall register this lease and every renewal with the Housing Authority within thirty days of the commencement of the lease or of the renewal. If the lessor fails to do so, the lessee may register it at the lessor's expense and retain the fee from the rent.

Any agreement between the parties that does not result from this written and registered agreement shall be void.

This repeats Cap. 604, art. 15. The lessee can claim back any amount paid beyond the registered terms.

Other conditions.

Cap. 604, art. 7 voids penalties, fees beyond rent, deposit, contents insurance and lawful condominium dues, and limits on normal residential use.

The following annexes form part of this agreement: Annex A, inventory and condition report with photographs; Annex B, the ARMS utility forms, where applicable; Annex C, the Standard Form under the Registration of Private Residential Lease Contracts Regulations; and a copy of the energy performance certificate.

The Standard Form is required because this text is not the official model. If the two conflict, the Standard Form prevails.

Read, approved and signed by the parties, each of whom retains a signed copy. Signature of the lessor. Signature of the lessee.

Every lessee signs the lease and the inventory.