Deposits in Malta: what the law says and how to protect yours

What the law says about deposits

The Private Residential Leases Act (Cap. 604) says a lease must state any amount the tenant leaves as security for their obligations. It does not set a maximum amount, and it does not set a date by which the deposit must come back.

So there is no official figure for a normal deposit, and we do not name one. What you can rely on is what is written in your lease.

Deposit is not the same as advance rent

The Act says a landlord cannot ask for more than one month’s rent in advance unless both sides agree otherwise. This is separate from the deposit. Read the lease to see what is called what, and what each payment covers.

Payments and receipts

The landlord has to give a receipt for rent, unless payment goes through a method that proves it was made, such as a bank transfer. The Act also bans extra charges beyond the rent, the deposit, insurance on the contents and condominium contributions. Any side deal that is not in the written, registered lease is void, and a tenant can ask for the money back.

The inventory protects you both

The Act requires a signed inventory with every lease, even for an unfurnished home. It can be a document or photographs, as long as they show the condition clearly, with short captions. Most deposit arguments are about what the home looked like at the start, so this is your evidence.

• Photograph every room, including walls, floors, fittings and appliances.
• Note meter readings for water and electricity on the same day.
• Both sides sign and each keeps a copy.
• Do the same walk-through on the day you hand back the keys.

Leaving early

For a long lease, a tenant who leaves before the minimum period in the Act has run can lose part of the deposit: the landlord may keep up to one month’s rent from it. The landlord can still claim other money that is owed. Our guide on minimum terms explains the periods.

Put these in writing

1. The exact deposit amount and how it was paid.
2. Where it is held.
3. When and how it will be returned after the keys are handed back.
4. What deductions the landlord can make, and that they will be itemised.

If you disagree

Talk first, with the inventory and photos in hand. If that does not work, the Housing Authority’s Adjudicating Panel hears disputes about keeping or returning a deposit, up to €5,000, for registered leases. The portal lists a fee of €10 to file a claim. The panel only hears claims about registered agreements, so check that your lease is registered.

Using noagent.rent? Surveyed homes come with a measured room list, photographs of every room and an inventory you can attach to the lease. The free rentals tracker keeps your deposit note next to the lease dates.

General information, not legal advice. Sources: Private Residential Leases Act (Cap. 604), articles 6, 7, 11, 13, 15 and 23; rentregistration.mt.