Malta Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Malta landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Tenant between landlord and tenant. Malta’s rental framework promotes stability and fairness, with a slight tilt toward tenant security.

Rents: Can landlord and tenant freely agree rents in Malta?

Rent may be freely agreed upon between landlord and tenant. 

The new rent regulations do not set fixed rent prices; instead, rent is determined by agreement between the parties. Unless otherwise specified, rent is payable monthly, and landlords may not require advance payment of more than one month’s rent. Additionally, landlords are obligated to provide tenants with a receipt for each payment.

Rent can only be increased if the lease agreement explicitly allows it, and any increase may occur no more than once per year.

Moreover, the rent increase cannot exceed the annual changes reflected in the property price index published by the NSO and must not surpass 5% above the previous rent per year.

Lease contracts must be registered for a fee; otherwise, they are considered null and void.

For private residential leases, the landlord is required to register the contract within 10 days of the lease’s start date. If the landlord fails to do so, the tenant has the right to register the contract themselves and may withhold a portion of the rent to cover the registration fee.

Security Deposits

Most landlords require a security deposit up front, typically equivalent to one month’s rent. Rent is also usually paid in advance.

What rights do landlords and tenants have in Malta, especially as to duration of contract, and eviction?

Under the new laws, neither the landlord (lessor) nor the tenant (lessee) may terminate the rental contract abruptly. If either party wishes to end the contract, proper procedures must be followed.

If the landlord wants to terminate the contract, they must send a written notice to the tenant via registered mail at least three months before the contract expires.

Tenants must also provide written notice if they wish to terminate the lease. The required notice period depends on the length of the rental contract:

• For contracts up to 12 months, the tenant may give one month’s notice after living in the property for at least six months.

• For 24-month contracts, the tenant must give two months’ notice after nine months of occupancy.

• For contracts of 36 months or longer, the tenant must give three months’ notice after living in the property for at least twelve months.

Brief History: Recent changes in Malta's landlord and tenant law

As of January 1st, 2020, Malta introduced new rent regulations focusing particularly on the duration of rental contracts. These changes were designed to bring greater stability to the rental property market.

The new laws specifically reform private residential lease agreements for properties rented to tenants working or studying in the Maltese Islands. Landlords are now required to register their rental properties with the Housing Authority. To protect the rights of both tenants and landlords, the regulations also establish strict rules governing residential lease contracts and the conduct of both parties.