When Can a Landlord Evict a Tenant in Malta?

A landlord cannot physically remove a tenant merely because the landlord wants the property back. Recovering possession must follow the lease agreement and the procedures established under Maltese law.

A landlord may seek possession when a fixed-term lease has expired and will not be renewed, provided that any legally required notice has been given correctly and within the applicable timeframe.

Formal action may also be considered when the tenant seriously breaches the lease. Examples may include persistent non-payment of rent, unauthorised use of the property, prohibited subletting, serious property damage or another substantial contractual breach.

Not every disagreement automatically justifies eviction. The landlord should first examine the signed lease, its registration, the nature of the alleged breach and any notice or remedy period that may apply.

The landlord should preserve evidence such as rent statements, bank records, written reminders, photographs, inspection reports, utility records and correspondence with the tenant.

Any termination or demand notice should be clear, dated and delivered through a method that provides proof of delivery. Landlords should obtain legal advice before relying on a notice because an incorrect process can delay recovery.

If the tenant refuses to leave, the landlord may need to file proceedings before the Rent Regulation Board or another competent authority. Eviction and possession matters are not decided by the Housing Authority's Adjudicating Panel.

The landlord should not change the locks, remove the tenant's possessions, enter unlawfully, disconnect water or electricity, or use threats and intimidation. These actions may amount to an unlawful eviction and expose the landlord to liability.

Because the correct procedure depends on the lease and the circumstances, landlords should obtain advice from a Maltese lawyer before starting formal eviction proceedings.