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Tenancy At Will Agreement for Malta

Tenancy At Will Agreement Template for Malta

A Tenancy at Will Agreement under Maltese law is a flexible property rental arrangement that can be terminated by either party with appropriate notice. This document establishes a temporary occupancy relationship between a landlord and tenant, governed by the Civil Code of Malta and related property legislation. Unlike fixed-term leases, this agreement provides greater flexibility while still defining essential terms such as rent, property use, maintenance responsibilities, and termination provisions. The agreement is particularly useful for short-term or transitional property arrangements in Malta's commercial and residential property markets.

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What is a Tenancy At Will Agreement?

The Tenancy at Will Agreement is a specialized property rental document designed for situations requiring flexibility in Malta's property market. It's particularly valuable when parties need a temporary arrangement without committing to a fixed term, such as during property sale negotiations, interim periods between formal leases, or when testing new business locations. The agreement, while more informal than a standard lease, still needs to comply with Maltese property law and the Civil Code. It typically includes essential provisions about property use, rent payment, maintenance obligations, and termination rights, while remaining deliberately flexible in its duration. This type of agreement is commonly used in commercial contexts but can also apply to residential properties when circumstances require a more adaptable arrangement.

What sections should be included in a Tenancy At Will Agreement?

1. Parties: Identification and details of the Landlord and Tenant, including full legal names, addresses, and registration numbers if applicable

2. Background: Brief context explaining the purpose of the agreement and the parties' intention to create a tenancy at will

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commencement Date', 'Permitted Use', etc.

4. Grant of Tenancy: Express provision creating the tenancy at will and confirming its nature as a flexible, terminable arrangement

5. Property Description: Detailed description of the property being let, including its address and any included facilities or areas

6. Rent and Payment Terms: Specification of rent amount, payment frequency, and method of payment

7. Utilities and Outgoings: Responsibility for payment of utilities, services, and other property-related expenses

8. Use of Property: Permitted use of the property and any restrictions on its use

9. Tenant's Obligations: Core responsibilities of the tenant including maintenance, repair, and conduct obligations

10. Landlord's Obligations: Core responsibilities of the landlord including maintenance of structure and compliance with regulations

11. Termination: Provisions regarding how either party may terminate the tenancy and required notice periods

12. Governing Law: Confirmation that the agreement is governed by Maltese law

What sections are optional to include in a Tenancy At Will Agreement?

1. Insurance: Requirements for insurance coverage, used when specific insurance obligations are to be imposed on either party

2. Alterations: Provisions regarding permitted or prohibited alterations to the property, used for commercial properties or when alterations might be contemplated

3. Security Deposit: Terms regarding any security deposit required, used when the landlord requires this additional security

4. Access and Inspection: Detailed provisions about landlord's access rights, used when specific access arrangements need to be documented

5. Subletting and Assignment: Prohibition or conditions for subletting, used particularly for commercial tenancies

6. Environmental Matters: Special provisions regarding environmental compliance, used for commercial properties or properties with specific environmental concerns

7. Break Rights: Any specific break provisions beyond standard termination rights, used when parties want to define specific break windows

8. Service Charge: Provisions regarding service charge if property is part of a larger building or complex

What schedules should be included in a Tenancy At Will Agreement?

1. Schedule 1 - Property Description: Detailed description of the property including plans, photographs, or floor layouts if applicable

2. Schedule 2 - Inventory: List of any furnishings, equipment, or fixtures included in the tenancy

3. Schedule 3 - Condition Report: Documentation of the property's condition at the start of the tenancy

4. Appendix A - House Rules: Any specific rules or regulations applicable to the property or building, particularly relevant for multi-unit properties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malta

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions






















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Real Estate

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Property Manager

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