Lease And Sublease Agreement for Malta

Lease And Sublease Agreement Template for Malta

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Lease And Sublease Agreement

"I need a Lease and Sublease Agreement for a commercial property in Valletta, Malta, where my company will be the primary tenant and we plan to sublease two floors to a tech startup, with specific provisions for shared reception areas and IT infrastructure."

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What is a Lease And Sublease Agreement?

The Lease And Sublease Agreement is a specialized legal instrument used in Malta when a tenant wishes to rent out all or part of their leased property to another party. This document is essential in situations where an intermediate tenant acts as both lessee to the original landlord and lessor to the final occupant. The agreement must comply with Malta's comprehensive property laws, including the Civil Code (Chapter 16) and the Private Residential Leases Act, which provide specific requirements for rental arrangements. It's particularly relevant in commercial contexts, corporate housing arrangements, or when companies lease properties to accommodate their employees. The document includes detailed provisions for rent payment structures, maintenance responsibilities, insurance requirements, and the specific rights and obligations of all parties involved, while ensuring compliance with Maltese registration requirements and tenant protection regulations.

What sections should be included in a Lease And Sublease Agreement?

1. Parties: Identifies and provides full details of the lessor, lessee, and any sublessee, including their legal capacity to contract

2. Background: Explains the context of the agreement, including the lessor's right to lease the property and the lessee's intention to sublease

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Description: Detailed description of the leased premises, including address, boundaries, and included areas

5. Term and Renewal: Specifies the duration of both the primary lease and sublease, including start dates, end dates, and any renewal options

6. Rent and Payment Terms: Details of rent amount, payment schedule, security deposits, and other financial obligations for both lease and sublease

7. Use of Property: Permitted uses of the property, restrictions, and compliance with local regulations

8. Maintenance and Repairs: Responsibilities for maintenance, repairs, and improvements between all parties

9. Utilities and Services: Allocation of responsibility for utilities, services, and related costs

10. Insurance and Liability: Insurance requirements and allocation of risks between parties

11. Assignment and Subletting: Conditions and restrictions for further subletting or assignment

12. Default and Remedies: Events of default and available remedies for each party

13. Termination: Grounds and procedures for termination of the lease and sublease

14. Notices: Methods and addresses for formal communications between parties

15. Governing Law: Confirmation of Maltese law application and jurisdiction

16. Signatures: Execution block for all parties and witnesses

What sections are optional to include in a Lease And Sublease Agreement?

1. Furniture and Fittings: Detailed section for furnished properties, including inventory and condition

2. Commercial Use Provisions: Additional terms for commercial properties, including trading hours and signage rights

3. Parking and Common Areas: Rules and rights regarding parking spaces and common areas if applicable

4. Pet Policy: Terms and conditions for keeping pets if allowed

5. Environmental Matters: Special provisions for properties requiring environmental compliance or certificates

6. Property Management: Details of property management arrangements if applicable

7. Alterations and Improvements: Specific terms for allowing or restricting property modifications

8. Break Clause: Optional early termination provisions

9. Green Lease Provisions: Environmental sustainability requirements and commitments

What schedules should be included in a Lease And Sublease Agreement?

1. Schedule 1 - Property Plans: Floor plans, location maps, and property boundaries

2. Schedule 2 - Inventory List: Detailed inventory of furniture, fixtures, and fittings if furnished

3. Schedule 3 - Condition Report: Initial condition report with photographs

4. Schedule 4 - Service Charges: Breakdown of service charges and maintenance fees

5. Schedule 5 - House Rules: Building or development rules and regulations

6. Schedule 6 - Utilities Reading: Initial utility meter readings and account numbers

7. Appendix A - Required Certificates: Energy Performance Certificate and other required documentation

8. Appendix B - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Retail

Hospitality

Office Space

Industrial

Mixed-Use Development

Tourism Accommodation

Corporate Real Estate

Shipping and Maritime (for port properties)

Agriculture (for farmland leases)

Entertainment (for venue rentals)

Relevant Teams

Legal

Real Estate

Facilities Management

Corporate Services

Risk and Compliance

Property Operations

Asset Management

Housing Administration

Procurement

Finance

Relevant Roles

Property Manager

Real Estate Agent

Legal Counsel

Facilities Manager

Corporate Housing Manager

Lease Administrator

Asset Manager

Property Operations Director

Real Estate Portfolio Manager

Compliance Officer

Risk Manager

Housing Operations Manager

Tenant Relations Manager

Commercial Property Manager

Real Estate Investment Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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