How to Remove a Non-Paying Tenant Legally in Malta

A tenant who is not paying rent should not be physically forced out of the property. Recovery of possession must be handled through the appropriate legal procedure.

A landlord should not change the locks, block access, remove the tenant's belongings, disconnect electricity or water, enter the property without lawful authority or use intimidation to make the tenant leave.

Start by reviewing the signed tenancy agreement and its registration. Confirm the duration of the lease, payment obligations, termination clauses, notice requirements and the exact breaches committed by the tenant.

Prepare a chronological record showing the rent due, payments received, unpaid utility charges, reminders sent, promises made by the tenant and any other relevant correspondence.

A formal written demand should clearly state the breach, the amount outstanding, the payment deadline and the action that may follow if the tenant does not remedy the situation.

Where termination notice is required, it should comply with the tenancy agreement and applicable Maltese law. An incorrect or premature notice can delay an attempt to recover possession.

Some disputes connected with registered residential leases may be submitted through Housing Authority procedures. Eviction and possession matters may, however, require proceedings before the competent board or court.

A claim for possession and a claim for unpaid rent are related but are not always the same legal action. Professional advice can help the landlord decide whether to pursue possession, the outstanding debt or both.

Whether proceedings are financially worthwhile depends on the amount owed, the available evidence, legal costs, the tenant's ability to satisfy a judgment and the importance of recovering the property.

Even where the debt may be difficult to recover, following the lawful possession process protects the landlord from allegations of illegal eviction.