For an urban home, Malta’s Civil Code generally puts structural repairs on the landlord and other repairs on the tenant. Fault, events beyond the tenant’s control and the lease can change the answer.

First, check which kind of lease you have

The Private Residential Leases Act applies to qualifying primary-residence leases, including its defined short residential leases. A short residential lease is not the same as a tourist booking: tourism-only lets, government-owned premises, non-primary-residence lets and leases originating before 1 June 1995 fall outside the Act. Its definition can also cover qualifying work- or study-related homes across Malta, Gozo and Comino. Do not assume that its dispute procedure applies to social housing or a commercial lease.

Older protected homes need particular care. The Civil Code contains a separate rule for necessary structural work on a residence leased before 1 June 1995: in specified circumstances, the landlord’s expenditure can lead to a rent increase calculated at 6% of the cost, subject to the provision’s options and exceptions. That is not a rule for a modern private residential lease. Check the applicable lease and current legislation before relying on it.

Which repairs fall to each person?

Under the Civil Code, the landlord must deliver the property in good repair and make necessary repairs during the lease, apart from repairs assigned to the tenant. For an urban property, the tenant is generally responsible for repairs other than structural repairs; structural repairs include work to the building’s structure and ceilings. The tenant is not responsible for damage caused by force majeure without their fault. These are starting points, not a way to decide a disputed bill without examining the cause.

A tenant can be liable for deterioration or damage during occupation unless they show it happened without their fault; the Civil Code also addresses acts or defaults of family members, guests and subtenants. Ordinary wear is different from damage caused by misuse: the Housing Authority’s account of adjudication decisions says wear and tear after departure does not, by itself, justify keeping a deposit. Record the condition and likely cause rather than assuming that either age or a breakdown settles liability.

A broken appliance, tap or leak has no single answer merely because it is inside the flat. Check what was supplied, its recorded condition, the type of repair and what caused the failure. In cases reviewed by the Housing Authority, a kitchen mixer tap and water-tank float valve were treated as tenant repairs; a separate claim concerning a water heater and washing machine failed where the landlord had acted to resolve the problems. Those outcomes do not decide a different case. For a ceiling or structural leak, tell the landlord promptly so the cause and necessary work can be assessed.

Shared-building costs need a separate check. The Private Residential Leases Act restricts clauses charging a tenant for ordinary condominium common-part maintenance beyond duties chargeable under the Civil Code. The Housing Authority reports a decision holding a landlord responsible towards the tenant for a shared lift’s proper functioning, despite the involvement of a condominium administrator. That does not determine how the building’s owners divide the bill among themselves.

What if the landlord delays?

Tell the landlord promptly, preferably in writing. Describe the fault, send dated photos, keep messages and make reasonable arrangements for access. The Housing Authority’s review of decisions notes that tenants are expected to report damage requiring the landlord’s attention and cooperate with repairs. Reporting a problem does not, on its own, make the tenant pay for it.

Do not assume you can hire someone and stop paying rent. For repairs chargeable to the landlord, Civil Code article 1541 sets out a route involving a judicial act and authorisation before the tenant carries out the work at the landlord’s expense and recoups it from rent. Article 1543 provides a distinct, narrow route for urgent work where delay risks serious prejudice; it requires prompt notice to the landlord and an expert’s report covering urgency, estimated cost and the likely harm from delay. Get case-specific legal advice before commissioning work or withholding rent.

A rent reduction is not automatic whenever a repair is late. Civil Code article 1545 addresses defects that prevent or diminish use, with an exception for apparent defects discoverable when contracting; article 1548 has a separate proportional rent-abatement rule when necessary urgent repairs take more than 40 days. Which remedy, if any, fits depends on the facts and the provision’s conditions.

Deposits and disputes

For a private residential lease, use the documented inventory of the property, furniture and supplied appliances as the starting record. If a repair cost is disputed at move-out, compare it with dated move-in and move-out photos, messages, invoices and evidence of cause. The Act requires documentary inventory evidence, while the Housing Authority’s reported decisions distinguish damage from ordinary wear. A lease clause does not automatically settle the question: the Act also limits clauses that exempt landlords from legal responsibilities without equivalent consideration.

For a qualifying private residential lease dispute, the Housing Authority’s Rent Adjudication Panel can hear eligible maintenance or deposit monetary claims up to €5,000. Amendments effective 1 September 2024 expressly included specified Civil Code repair claims, but exclude claims seeking termination of the lease. Check the Panel’s jurisdiction and the lease’s registration status before filing; a commercial lease, tourist let or older protected lease should not automatically be sent down this route.

If the home is government social housing, the Housing Authority has a damage-reporting route covering matters including structural issues, roofs, apertures and water or electricity repairs; reporting does not establish who ultimately pays. For a tourism-only let, the private-residential Act does not apply, and the available sources do not establish one universal tourist-versus-operator repair rule. Contact the housing provider or accommodation operator, as applicable, and check the agreement and rules governing that accommodation.

Questions people ask

Can my landlord deduct a repair from my deposit?

A deduction should be supported by evidence of the condition, damage, cause and cost. Ordinary wear alone does not justify keeping the deposit. Compare the inventory with dated photos, messages and invoices; an eligible private-residential dispute may go to the Housing Authority’s Rent Adjudication Panel.

Can I withhold rent until a repair is done?

Not automatically. The Civil Code sets out procedures for carrying out certain landlord-charge repairs and recovering the cost, plus a narrower urgent-work route. Seek advice on your situation before stopping payment or arranging work yourself.

Does the same rule apply to a holiday apartment?

No. A tourism-only let is outside the Private Residential Leases Act. Check the booking agreement and the rules governing the accommodation, and raise the fault with the operator.

Keep reading
Shared Apartment Costs in MaltaRenting or Buying in Malta?

Sources

General information, not individual legal advice. Check your contract and current official rules before acting.