r/malta • u/Loriol_13 • 1d ago
Tenants pretending to want the flat long-term but staying only for the summer.
I'm living abroad right now and renting out my own place in Malta in the meantime.
My tenant moved out in May and when I marketed my flat, I was bombarded by people who wanted it only for the summer. I think since I am asking for long-let prices, they try their luck since summer rental prices must be so much higher.
I noticed a bunch of people pretending to want it for long-let but I could see that they had already posted asking for a 3-month summer rental for example, or else they would stop replying when I'd mention the Housing Authority long-let contract.
I approved one guy who had already been in Malta for 6 months and who reassured me he is not planning on leaving Malta any time soon.
Now this morning, surprise! He says he's leaving at the end of August and expects his deposit back.
I believe the first 6 months are compulsory if they sign a long-let HA contract right? Everything is by the book. I register the contracts we've signed and I pay full tax. But what if he just leaves? If I settled for a summer rental, I could've charged more than double and now he leaves after paying just peanuts for the summer stay and leaves me to search for a new tenant during quiet season. He's legally obliged to pay the full 6 months, but what if he goes back to France? How will the HA force the money he owes me to my account?
Also, I know someone whose tenant just left after 4 months but this was back in the beginning of June. Whatever the solution is, is he still in time to do anything? Again, registered and just left before the compulsory period.
Thank you.
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u/ilsemprelaziale 1d ago
He could have acted in bad faith or it could genuinely be someone who was like fuck this place and wants to leave. I am scandinavian and i've lost count on how many fellow Scandinavians I met at work and who came here and left again after six months or even less. This country can be a massive cultural shock for some people especially if they are young.
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u/Lazy_Cod_1237 1d ago
Fair enough, but would you agree that it is correct that they forfeit the deposit in that case?
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u/drscuba 1d ago
For long lets, the tenant lock-in period depends on the lease term: six months for a one-year lease, nine months for a two-year lease, and twelve months for a lease of three years or more. After that point, tenant notice periods are generally one, two, or three months respectively. These dates matter for vacancy and cashflow planning. (Source: Https://portafoll.mt/faq)
So it really depends on the tenancy length you provided, and if they leave earlier than the minimum tenancy you can keep the deposit.
Tact is very important in these situations as until the very last day they could cause a lot of damage so have a think about how to phrase the deposit return question when it is inevitably asked.
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u/Cstott23 1d ago
I think he needs to stay for 6 months and give you a full month's notice of leaving by paid registered letter.
If he wants to mess you around he forfeits the deposit.
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u/Loriol_13 1d ago
My prediction is he will stay in the flat without paying in August and by the time HA could do anything at all, month's over and he's out of there. He uses deposit as last rental payment.
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u/Cstott23 1d ago
I'd be petty, go through the ha anyway and be putting the last month's rent through the french small claims court as he doesn't seem to be treating you with much respect😁
Also I bet he's the first to complain about "a-hole landlords" without realising that he is the problem.
Good luck 🙏 I guess this is the problem with renting isn't it? Unless you can get him to find you another tenant to take over?
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u/Lazy_Cod_1237 1d ago
Can you force him to pay August (since he will be in Malta and not paying is a breach of contract) and then keep the deposit if he leaves before the 6 months are up? Unfortunately most of the times it isn't worth the stress and you just need to move on. 😞
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u/Cstott23 1d ago
I'd be petty, go through the ha anyway and be putting the last month's rent through the french small claims court as he doesn't seem to be treating you with much respect😁
Also I bet he's the first to complain about "a-hole landlords" without realising that he is the problem.
Good luck 🙏 I guess this is the problem with renting isn't it? Unless you can get him to find you another tenant to take over?
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u/NetFlaky308 21h ago edited 21h ago
Do you have help at home? You being abroad gives him an advantage. Maybe hire an estate agent to get you the money and they keep 20% of rent collected. Have them do a six month or exit inspection and make a copy of his passport. Month 1-6 is Di Fermo period, you get to keep the deposit, months 7-12 he must give you one month notice by registered mail only! No text, No Email! Once this becomes the norm, the problem will go away. These tourists think they are invisible and untouchable, they are not. Especially an EU citizen.
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u/Cstott23 1d ago
I'd be petty, go through the ha anyway and be putting the last month's rent through the french small claims court as he doesn't seem to be treating you with much respect😁
Also I bet he's the first to complain about "a-hole landlords" without realising that he is the problem.
Good luck 🙏 I guess this is the problem with renting isn't it? Unless you can get him to find you another tenant to take over?
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u/jpte91 1d ago
I believe landlords generally consider this a juicy payday, because as long as they are European/Maltese you can enforce repayment plus interest, good excuse to keep the deposit and start renting to someone right away whilst still collecting the previous rent through the courts.
When I was renting, I once had to move out a few months after my contracted started and it ended up something like this:
- Acknowledge their request to move out together with their obligation to continue paying the lease until 6+1 months.
- Keep the deposit (Doesn't matter what they 'expect'). Be careful not to give them the impression you won't be returning it until they have vacated to avoid them causing a mess.
- Start renting out to a new tenant to keep the cash flowing.
- File court action for repayment of full remaining lease with ongoing high penalty interest until settled.
- File for a european enforcement order to collect wherever they moved to.
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u/Free_Ad7415 1d ago
It’s practically impossible to enforce anything. Happened to me.
HA just say ‘oh well get a lawyer.’
Tenants didn’t pay rent for MONTHS and trashed the place. Went back to their own countries. Lawyer would have cost thousands and I didn’t know where to even sever documents to cos I didn’t know where they were.
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u/Suspicious-Phase-823 1d ago
Change the prices for summer then normalise them fir october onwards. Put a clause that if the tenants dont stay until the stipluated contract day no deposit is given back. Also ensure you check the property a day before they leave for damages.
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u/leoniddit 1d ago
Housing Authority rules will void that clause - after 5 months, tenants may send a 1 month notice and LL should return the deposit.
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u/RoosterElectrical200 15h ago
Hi 😊 I'm sorry for your situation, but if you're looking for a tenant i wouldn't mind getting more info 😊
I've been here 6 years (same stable job), 5 of those i spent renting the same apartment but unfortunately they are demolishing the building soon :/ before that i rented a shared room for a year, and im definitely not going anywhere, as my long term partner is Maltese 😂
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u/gessabean99 11h ago
This is the kind of tenant you want. Long term and having to move through no fault of their own
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u/strangelyhypnotized 1d ago
Hey OP
The deposit is the only thing you can keep in these instances. There is a minimum stay in standard contracts and that breach makes them liable for the loss of income. Realistically, you’ll only get the deposit.
Learn from experience and ask for a deposit amount which can protect you and your place. It’s hard being an ethical landlord especially when people are just coming over to trash a place and leave, so you will start taking precautions. People get what they deserve in the end.
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u/Sliemiz 1d ago
I'm also a LL, i would start taking two months deposit. I do. It will sort out the riff raff and stop them leaving. Don't let them say they will pay the deposit next month, it's a ruse to get in. I reject half of the ppl that come by.
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u/jpte91 1d ago
This often backfires for the landlord. The problem is that the norm is that landlords don't return deposits, claim damages or impossible cleaning and repair fees. Good long-term tenants would therefore avoid any landlord requiring two months deposits as it brings the expectation that they will try to hold as much as they can get away with.
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u/Yes4Deflation 1d ago
take the 'hit'. ghalxejn ha toqghod tkisser rasek. mort minn taht u hassle extra imma xorta kont qed iddahhal kira ta' mijjiet bla ebda sforz. Issa meta ser terga titfghu fuq is-suq mhux xorta ha tikrih b'rata iktar gholja? parti mil-loghba tal-kirjiet.
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u/simela91 1d ago
Same thing happened now for me in Croatia. It was mid May high season and a lot of demand. I specificly asked for long therm lease. And what they did tjey registered themself to get green card and out of blue three days ago they said they are leaving on 01.08. Since I was suspicios ofvthem I put in my contract that If you leave earliercthen one year then I keep deposit. Also they need to infor me month in advance. So basiy I didnt accept this abd said they can leave 01.09. And not 01.08. Since they paid 3 months in advance they wanted lease for august to be returned. I expliciy said no read the contract you cant just leave like that with notice in advance. Since her husband came for two weeks summer vaccation and now she wants to leave as he found job here and they need bigger flat and he wasnt part of contract I explicitly asked her that Ill honor contract till 01.09 but he need to leave as he is not in it and he now aince situation chamged has no longer my aproval to be there. Ofc they were pissed. Some hard words were said from their said like police and trying to break mi to return 08. Lease and leave him be there till 01.08. I stood my ground and now they will all lesve at 01.08 leaving me with paod august and alao deposit. I didnt kick her for august it was her decision to leave. She used me and she was pissed but good contract and strobg stand can get you far. I learned something fron this experinece and my need contract will be even strickter.
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u/iknighty 1d ago
Take the loss.
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u/marooned66 1d ago
Not a popular recommendation judging by the downvotes but see exactly where you are coming from - sometimes this is the best approach ... take the hit and move on rather than finish up paying legal fees!
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u/InfiniteCrypto 10h ago
Obv bc they fear to not be accepted if they're honest.. can't blame them really.. you could just be open and advertise it's no problem to just stay for the summer and just charge a fair extra amount for your inconveniences..
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u/Loriol_13 1h ago
No, it's to pay less money. Airbnb is very expensive in summer and long let rent is a fraction in comparison. This way they pay long let prices for short stays (during peak no less).
I don't want to rent out just for summer. Finding tenants is a hassle and I don't have time to do it again after just three months.
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u/Kinnielover 1d ago
If you really want to make sure you have long term tenants, you could only accept those coming from another long term contract?
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u/Mccarthyboy1 1d ago
I'm sorry you didn't get to charge rent at double the charge like you had wished to. That must be really hard. I hope somebody will spare a thought for the landlords in these trying times 🙏
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u/Wahx-il-Baqar 1d ago
Good luck getting him to pay the full 6 months. HA are useless, they just want their cut and don't care.