Know your rights when renting from a private landlord

In many instances where you are renting or looking to rent, one of the options open to you may be renting from a private landlord. We look at what your rights are as a tenant, as this may be a rather grey area since it is unlikely that your private landlord will be presenting you with a list of your rights. In most cases the tenant will have to educate themselves by asking questions from others in similar situations otherwise go online and find out what the latest legislation says about your rights. In this article we will cover the most important aspects although there are many additional rules and regulations that protect your rights as a tenant.

General things to keep in mind

• Try and cultivate a good relationship with your landlord and vice versa.
• Keep communication open at all times.
• Immediately report any issues such as mould, water leaks or faulty appliances.
• Ensure you get receipts for any moneys paid: this includes any down payments or deposits and your monthly rental.
• Always make sure you have a legally binding rental agreement drawn up as set out by law.
• Before signing or paying any money, try and get your rental contract vetted by an expert.
• Always make sure the property you are renting is registered with the Housing Authority.
• Before moving in officially, go through the inventory and compile a snag list of anything that needs to be fixed.

YOUR RIGHTS AS A TENANT

Whether you are renting a property in Malta or Gozo, the basic rules protecting you are the same. Your landlord needs to respect and follow these rules.

• Your landlord must always be contactable when you need them and attend to issues or emergencies right away

As you have a legal right to live in a property that is safe and habitable, your landlord needs to act fast if there are any emergencies. We have all heard of landlords who disappear into thin air as soon as they hand the keys over and this is unacceptable. Understandably, the landlord may have other things prioritised that may interfere for a day or so before attending to your calls or requests, but this is overridden in the case of real emergencies.

• Do not accept surprise or unannounced visits

When you rent a property, your privacy needs to be respected. A landlord cannot show up unexpected and needs to inform you at least 24hrs in advance. Even then, the landlord needs to be informed whether this is convenient for you. Exceptions are in the case of a real and valid emergency. Keep in mind that you cannot refuse reasonable requests time after time.

• Do not accept the unexpected termination of your lease

When it comes to termination of your rental agreement, there are strict rules in place as to how long in advance the landlord needs to notify you of this intention. All contracts require a 3 months’ notice period from the landlord if the lease is not going to be extended.

• You have the right to ask for a copy of the original written lease agreement

Tenants have the right to a written lease agreement outlining the terms and conditions of their tenancy. This agreement should include details such as the duration of the lease, rental amount and any additional terms agreed upon by both parties. NEVER rent a property privately with just a verbal agreement in place.

• You have a right to peace and quiet when in the rental property

As a tenant you have the right to enjoy a peaceful and quiet tenancy in your rental property. Landlords and other tenants should not unreasonably disturb the tenant’s quiet enjoyment of the premises. Keep in mind that things such as crime, antisocial behaviour, noise and disturbances in the block are not the responsibility of the landlord to solve. If you have any trouble regarding these, call the police.

• You have the right to security of the tenure

Tenants have certain protections against eviction under Maltese law. Landlords generally cannot evict tenants without a valid legal reason, such as non-payment of rent or breach of lease terms and even then the rules need to be followed as determined by law.

• You have the right to fair rent increases

Tenants have the right to fair and reasonable rent increases, as outlined in the lease agreement or governed by rental regulations. Your landlord needs to provide a proper notice period to you before implementing any increase in the rent. Whether you rent in Malta or Gozo, do not accept a sudden increase in rent. Your rent can only be increased once a year and then the maximum increase cannot be more than 5% of the original rental amount.

• You have the right to challenge unfair practices

Tenants have the right to challenge any unfair or unlawful practices by landlords through legal means. This may include seeking assistance from relevant authorities or pursuing legal action if necessary.

• You have the right to demand that a property must be registered as a rental

If the property you are renting is not registered with the Housing Authority, you will not be properly protected as a tenant. The landlord is obliged to register any rental contract that was entered into (a contract that is deemed as finally signed and agreed upon by all parties) within ten days of the act of signing. Should the landlord fail to register the contract with the Housing Authority, it could lead to the landlord being fined. Continued resistance by the landlord to complete the registration of the contract can lead to being issued with multiple fines. It is important to note that the tenant will be completely acting within their rights should they take it upon themselves to register the contract where there is failure on the side of the landlord to do so.

Your best option is always to consider renting a property through a reputable estate agent. This way you will minimise any risks and you will be fully protected in accordance with the law. At Frank Salt Real Estate all our rental consultants are qualified specialists who will not only find you the right property at the best price to rent, but they will also take care of you during your entire tenancy. Call us today for the utmost peace of mind when renting.