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Home Contract for Malta

Home Contract Template for Malta

A residential lease agreement governed by Maltese law, specifically compliant with the Private Residential Leases Act 2020 and related legislation. This document establishes the legal relationship between landlord and tenant for residential property rental in Malta, covering essential elements such as term duration, rent payment, maintenance obligations, and utility responsibilities. It includes mandatory provisions required by Maltese law, including registration with the Housing Authority, and addresses specific local requirements for residential tenancies in Malta's property market.

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What is a Home Contract?

The Home Contract serves as a comprehensive residential lease agreement designed specifically for the Maltese legal context. It is essential for any residential property rental in Malta, being mandatory under the Private Residential Leases Act 2020. This document should be used whenever a residential property is being leased in Malta, whether furnished or unfurnished, and requires mandatory registration with the Housing Authority. The agreement incorporates all necessary provisions required by Maltese law, including minimum lease periods, deposit protection, maintenance obligations, and utility responsibilities. It is structured to protect both landlord and tenant interests while ensuring compliance with Malta's strict residential leasing regulations and EU consumer protection standards.

What sections should be included in a Home Contract?

1. Parties: Identification of landlord and tenant with full legal names, identification numbers, and contact details as required under Maltese law

2. Background: Brief context of the lease arrangement and property ownership

3. Definitions: Key terms used throughout the agreement, including statutory definitions from Maltese legislation

4. Property Details: Comprehensive description of the leased property including address and registration details

5. Term and Commencement: Duration of lease and start date, complying with minimum period requirements under Maltese law

6. Rent and Payment Terms: Rent amount, payment schedule, and method of payment

7. Deposit: Details of security deposit, amount, and conditions for return as per Maltese regulations

8. Utilities and Bills: Responsibilities for utility payments and connections

9. Maintenance and Repairs: Obligations of both parties regarding property maintenance

10. Tenant Obligations: Standard responsibilities and restrictions on the tenant's use of the property

11. Landlord Obligations: Standard responsibilities of the landlord including statutory obligations

12. Insurance: Requirements for building and contents insurance

13. Termination: Conditions and process for ending the lease, including notice periods

14. Registration: Details of mandatory registration with Housing Authority

15. Governing Law: Confirmation of Maltese law application and jurisdiction

16. Signatures: Execution section for all parties

What sections are optional to include in a Home Contract?

1. Furnished Property Provisions: Additional terms for furnished properties, used when the property is let with furniture

2. Pet Policy: Rules regarding keeping pets, included when pets are allowed or specifically prohibited

3. Short-Let Provisions: Special terms for leases under 6 months, when applicable under Maltese law exceptions

4. Property Management: Terms regarding property management company involvement, if applicable

5. Special Access Requirements: Terms for properties with shared access or special entry requirements

6. Energy Performance: Specific provisions regarding energy certification and efficiency, when required

7. Subletting and Assignment: Terms regarding subletting rights, if permitted

8. Break Clause: Optional early termination provisions, if agreed between parties

What schedules should be included in a Home Contract?

1. Schedule 1 - Inventory: Detailed inventory of furniture and fittings if property is furnished

2. Schedule 2 - Property Condition Report: Detailed description of property condition at commencement of lease

3. Schedule 3 - House Rules: If applicable, rules for apartment blocks or managed communities

4. Schedule 4 - Utility Reading Records: Initial meter readings for utilities

5. Appendix A - Energy Performance Certificate: Copy of mandatory EPC

6. Appendix B - Property Registration Certificate: Copy of Housing Authority registration

7. Appendix C - Insurance Certificates: Copies of relevant insurance documentation

8. Appendix D - Property Plans: Floor plans and property boundaries where relevant

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Malta

Cost

Free to use

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