The Leasehold Contract serves as a fundamental legal instrument in Malta's property market, essential for both residential and commercial property arrangements. This document is required whenever a property owner (lessor) grants temporary possession rights to a tenant (lessee) in exchange for rent. The contract must comply with Malta's strict regulatory framework, including the Civil Code Chapter 16 and the Private Residential Leases Act for residential properties. Recent legal reforms have introduced mandatory registration requirements and specific provisions for deposit protection, making it crucial to use an up-to-date contract format. The document typically includes comprehensive terms covering rent, duration, maintenance obligations, and termination rights, while also addressing specific Maltese legal requirements such as registration with the Housing Authority.
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1. Parties: Identification of the lessor and lessee with full legal names, identification numbers, and addresses
2. Background: Context of the lease agreement and brief description of the property
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Description: Detailed description of the leased property including address and boundaries
5. Term and Commencement: Duration of the lease and start date
6. Rent and Payment Terms: Rental amount, payment schedule, and method of payment
7. Deposit: Amount of security deposit and conditions for its retention and return
8. Use of Property: Permitted use of the property and any restrictions
9. Utilities and Services: Responsibility for utility payments and services
10. Maintenance and Repairs: Obligations for property maintenance and repairs
11. Insurance: Required insurance coverage and responsibilities
12. Termination: Conditions and procedures for termination of the lease
13. Registration: Requirements for registration with relevant authorities
14. Governing Law: Confirmation of Maltese law application and jurisdiction
15. Execution: Signature blocks and execution provisions
1. Subletting and Assignment: Include if subletting or assignment is to be permitted, describing conditions
2. Furniture and Fittings: Include for furnished properties, referencing inventory in schedules
3. Alterations and Improvements: Include if tenant is permitted to make changes to the property
4. Break Clause: Include if early termination options are to be provided
5. Quiet Enjoyment: Include for residential leases to guarantee tenant's peaceful occupation
6. Common Areas: Include for properties in multi-unit buildings or complexes
7. Green Lease Provisions: Include if incorporating environmental and energy efficiency obligations
8. Pet Provisions: Include if pets are to be permitted, with conditions
1. Schedule 1 - Property Plan: Floor plan and/or site plan of the leased property
2. Schedule 2 - Inventory: Detailed inventory of furniture and fittings (for furnished properties)
3. Schedule 3 - Condition Report: Initial condition report of the property and any fixtures
4. Schedule 4 - House Rules: Building or complex rules and regulations
5. Schedule 5 - Utility Reading Records: Initial utility meter readings
6. Schedule 6 - Energy Performance Certificate: Copy of the required EPC
7. Schedule 7 - Maintenance Schedule: Schedule of regular maintenance obligations
8. Schedule 8 - Guarantor Agreement: Terms of any guarantee provided (if applicable)
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