Malta Residential Maintenance Obligations

Maintenance responsibilities in Malta are primarily governed by the Civil Code (Cap. 16), supplemented by the Private Residential Leases Act (Cap. 604), which came into force on 1 January 2020 and mandates that all leases be registered with the Housing Authority.

Landlord Obligations

The landlord is legally bound by Article 1541 of the Civil Code to make, during the lease, all repairs which may become necessary, other than those specifically assigned to the lessee. This includes:

• Structural Repairs: Repairs to the roof and external walls.
• Major Systems: Addressing major plumbing leaks or electrical system failures.
• Common Areas: Maintenance of stairs, lifts, and common hallways in apartment blocks.

Tenant Obligations

Under Article 1548 of the Civil Code, the tenant is only responsible for "repairs of maintenance," which the law limits to an exhaustive list:

• Hearths, chimney-pieces, and jambs.
• Plastering of the lower part of the walls.
• Floors and pavements of rooms.
• Window-panes (unless broken by extraordinary accidents).
• Locks, bolts, and similar fastenings.

The tenant also remains responsible for repairing damage caused by their own fault or that of their guests.

Urgent Repairs

If urgent repairs cannot be delayed, the lessee must allow them under Article 1545 of the Civil Code. If these repairs exceed forty days, the rent shall be reduced proportionately. If the repairs render the property uninhabitable, the lessee may demand the dissolution of the lease. While the Civil Code allows for certain remedies, tenants must not unilaterally deduct repair costs from future rent without prior authorization from the Rent Regulation Board, as mandated by the Private Residential Leases Act (Cap. 604). Actively withholding rent without a Board decree typically constitutes a breach of the lease.

Urgent Repairs and Tenant Rights

Under Maltese law, if the landlord fails to carry out repairs for which they are responsible (Art. 1541, Civil Code), the tenant should not act unilaterally. Instead, the tenant must formally notify the landlord and, if the landlord remains unresponsive, seek authorization from the Rent Regulation Board to execute the repairs at the landlord's expense under Article 1542 of the Civil Code. For urgent repairs that cannot be delayed (Art. 1545), the tenant must permit access; however, if the property becomes uninhabitable, the tenant may seek the dissolution of the lease. Actively deducting costs from rent without a Board decree is a high-risk action that may lead to eviction proceedings under the Private Residential Leases Act (Cap. 604).

How Landager Helps

Landager allows you to log maintenance requests and track repair history, providing a clear record of your compliance with maintenance obligations.