Evicting a tenant in Malta must be done through the correct legal process. Landlords cannot take the law into their own hands by changing locks or throwing tenants out, even if the tenant is in breach of contract.
In fact, self-help eviction is a criminal offence under Maltese law and constitutes the crime referred to as Ragion Fattasi. It is therefore for this reason that if you are a landlord and currently facing a similar situation, instead of taking the law in your own hands (despite how easier this option may seem to be) speak to a legal professional so that you are guided accordingly.
Instead, landlords must follow a formal procedure via the courts (specifically, the Rent Regulation Board) to regain possession of a rented dwelling. Maltese law allows eviction only on specific valid grounds. A landlord cannot arbitrarily evict a tenant before the lease term ends unless one of the legal reasons applies (and even then, a court order is needed).
Common grounds for eviction include but are not limited to the following:
Non-Payment of Rent: If the tenant is persistently late or has stopped paying rent. The law requires the landlord to first send a judicial letter demanding payment; if the tenant still doesn’t pay within 15 days, this constitutes a ground for terminating the lease for non-payment.
Expiration of Lease Term: If a fixed-term lease has ended and the tenant refuses to vacate. Even after a lease naturally expires, the landlord must obtain an order from the Rent Regulation Board (hereinafter “RRB”) to evict; one cannot simply evict at will once the contract period is over.
Illegal Subletting or Unauthorized Alterations: If the tenant sublets the property without permission, or makes structural alterations without consent, the landlord may have grounds to evict. Minor improvements or changes that do not damage the property are generally tolerated, but significant unauthorized works can justify dissolution of the lease.
The Eviction Process
To initiate the eviction process, the landlord must first file a judicial letter against the tenant. This will serve as a formal notification by the landlord to the tenant.
All residential eviction cases in Malta are heard by the RRB a specialized tribunal (part of the Courts of Justice) that handles landlord-tenant disputes. The RRB has exclusive competence over leases of urban property used as residences – including deciding termination of leases and eviction of tenants whose leases have expired.
The landlord, through his legal representative, must file a sworn application to the RRB requesting eviction. This application will state the facts, the ground(s) for eviction, and the remedies sought (e.g. termination of the lease and an order for the tenant to vacate, plus any claim for unpaid rent).
Supporting evidence such as the lease agreement, judicial letter, proof of breaches, etc. and a list of witnesses are typically attached to the application. Once the application is filed, the RRB will serve it on the tenant, who will have the opportunity to file a reply and contest the claims. The case is then assigned to a sitting before the RRB.
At the hearing, both the landlord and the tenant can present their case. The RRB will examine the lease terms, evidence of the alleged breach or expiry, and any defence the tenant raises. Notably, Maltese law provides for an accelerated procedure for clear-cut eviction cases. If the landlord’s application is in order and the tenant fails to show a valid defence or does not show up to the sitting, the Board can decide the case summarily on the first hearing. On the other hand, if the tenant raises issues for example, disputes the alleged breach, claims rent was paid or faults remedied, the Board may schedule further hearings to take evidence.
After considering the case, the Board will deliver a judgment. If the landlord proves the grounds for eviction, the RRB will issue an order terminating the lease and ordering the tenant to vacate. The judgment will usually specify a timeframe for the tenant to leave.
If the landlord or tenant is unhappy with the RRB’s judgment, they may appeal to the Court of Appeal (Inferior Jurisdiction). The appeal must be filed within 20 days from when the RRB judgment is delivered (or notified).
Suppose the final judgment (after appeal, or because no appeal was filed) is in the landlord’s favour and the tenant still hasn’t vacated by the deadline set by the court. The landlord must then enforce the judgment through a warrant of eviction referred to in Maltese as Mandat ta’ Żgumbrament essentially a legal enforcement order.
A court judgment ordering eviction is considered an executive title, which the landlord can enforce against the tenant by filing an application for a warrant of eviction. Once the warrant is issued by the court, it is executed by the Court Marshall, a court enforcement officer who will go on site to give final notice to the tenant.
If the tenant still refuses to vacate after this final notice, the Court Marshall is empowered to physically evict the tenant. This can include changing the locks and removing the tenant’s belongings. The marshal has authority to use reasonable force, even breaking open the door if necessary, and can request police assistance to ensure the eviction is carried out safely and lawfully. Once a warrant of eviction is executed and the tenant is out, the landlord can repossess the property.
Legally evicting a residential tenant in Malta involves a structured process: you must have legal grounds, follow the proper notice requirements, obtain a judgment from the Rent Regulation Board, and enforce it through a court warrant if needed. It is designed to protect both parties where the tenant isn’t evicted without due process, and the landlord can ultimately reclaim the property with the court’s blessing.
For any further information and assistance, please contact us at info@gtg.com.mt
Author: Dr Delilah Vella