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3POSTS

12 years ago

Hi!

I lived in an aparment in Malta. One of my relatives in my home country got some problems and I had to leave Malta really fast. My two friends stayed. Now when they left the landlord wants 3 months rent as notice.

I was told that if a tenant has to leave early only the security deposit will be left for the landlord because one breaks the contract.

So what can happen now? I dont live in Malta. Can something happen to me legally? The landlord said he would take legal action if we dont pay for three months. Is that to scare us?

Regards.

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ricky ViP

3522POSTS

12 years ago

Hi Maltaswede,

depending on your rental contract your landlord could probably sue you for breach of contract ! Who actually signed the rental contract?

What would happen in Sweden if you breach a contract ?

As you all obviously left Malta and breached the contract I doubt if your landlord will come after you. In that respect you are probably lucky. Most contracts have the passus that if you have to leave Malta then the contract ends.

I wouldn't try to return to Malta though unless you come under a different name.

Sadly these kind of issues add to the bad opinion about foreigners. You could have looked for a compromise instead of making a run !

Cheers
Ricky

Toon Cyprus Expert

10236POSTS

12 years ago

its highly unlikely he will chase you if you are not in the country although it is possible - thats not condoning the events just realistic. When you left the other two stayed so they must've paid the rent that was due - why did they leave eventually.? are they still in Malta

maltaswede Member

3POSTS

12 years ago

My name is on the contract. The thought was that the one who stayed would take over the contract. And he has payed rent etc. But now he had to leave the apartment because he couldnt afford it. He has not been very cooperative with me the guy that stayed.

Me and my friend left the country and the other guy stayed. But he is not on the contract.

When we signed the contract we were told that if we made an early leave the security deposit would be taken. So we notified the landlord, payed the last rent and then the landlord told us there is 3 months notice and we have to pay.

He said he would otherwise take legal action on both me and the other guy. The other guy is not on the contract, only me.

In Sweden if we do not pay rent we get evicted and get a "mark" on a register for economy. Swedish people can never be "sent" to a court in a diffrent country. So I dont understand how he could take legal action against me while I'm here.

maltaswede Member

3POSTS

12 years ago

I understand the situation got unfortunate. I got a bit unlucky, had to help a relative back home and for the moment I cannot pay three months rent. That is like total of 1700 euro.

Toon Cyprus Expert

10236POSTS

12 years ago

what is the notice period within the contract - was it done through an agent?

Lusco Serial expat

252POSTS

12 years ago

maltaswede wrote:
Swedish people can never be "sent" to a court in a diffrent country

What you probably have heard is that Sweden does not extradite his own nationals (which AFAIK it is not completely true) but there would be no extradition anyway because of the type of legal case.

You could be forced to pay (specially since under EU law Sweden is "obliged" -there are some exceptions- to enforce Maltese court orders) but might take a lot of years (specially because of how slow are legal cases in Malta). Anyway it is not very common to litigate for a 1700聙 debt when the plaintiff is going to depend on courts from two different countries.

maltaswede wrote:
When we signed the contract we were told that if we made an early leave the security deposit would be taken. So we notified the landlord, payed the last rent and then the landlord told us there is 3 months notice and we have to pay.

Is there any proof that you have been told that only the deposit would be paid in case of early leave? Is there any proof that the agreement requested a 3 months notice?

Anyway a 3 months notice requirement does not necessarily mean that you have to pay those 3 months if you leave early, it just mean that you have to notify at least with 3 months in advance. If you do not notify at least that early then you are breaking a condition of the contract. Is there any specific consequence for breaking that condition? If not most likely there should be anywhere in the contract a general consequence for breaking any condition of the contract; such as loosing the deposit and leaving the property.

GuestPoster566 ViP

3692POSTS

12 years ago

For once I actually agree with Lusco.

The detail is in the fine print and this is a time to be pedantic in the interpretation. Your mistake, though understandable. Was not to get written changes with friends when you left for them to take over contract. But perhaps you have copies of emails? I feel landlord may be trying a bluff or he/she is thinking 3 x 1 month = 3 months rent? One can only speculate. It his highly unlikely that there will be any serious consequences over what is a civil matter. But next time and for anyone else, include specific 'what if' and 'force majeure' clauses in the contract and be specific, remember English is not their first language and much can be lost in interpretation; unintentionally or otherwise

Toon Cyprus Expert

10236POSTS

12 years ago

lost in translation.....possibly both ends....

mantonas Serial expat

707POSTS

12 years ago

#10

If I was the OP, I would try to get hold of the tenant agreement copy and check if there's any clause on the contract specifying the payment of 3 months rent, in case of breach of contact. If there's nothing stating that, than you should not worry about it.

sjippe Active member

26POSTS

12 years ago

#11

Usually even a 12month contract can be "broken" with a notice of 28days. It is only in the cause where a special clause has been added to the contract that it becomes unbreakable.
So check your contract for any special clause, otherwise a notice of 28days is quite common.

jj2013 Guest

0POSTS

12 years ago

#12

why to post here?read your contract you signed instead. Only the contract is legal, not what your landlord says.

GuestPoster566 ViP

3692POSTS

12 years ago

#13

jj2013 wrote:
why to post here?read your contract you signed instead. Only the contract is legal, not what your landlord says.

People post here not just to gain answers and advice but because we are a community. People like to share an issue and gain reassurance. To write so abruptly quote 'why to post on here?' when this course of action has already been suggested is bordering on the disrespectful arrogant dismissive, and hurtful. Think on it.

1 member reacted to this post

michael78 Contributor

160POSTS

12 years ago

#14

I think 90% of all rentals are not registered vor VAT and the people dont pay taxes on them. I think it is highly doubtable that this guy will sue you as he probably never declared his rental income.

Other than that even if he going to take legal actions then it will probably take forever and you can still decide to pay the outstanding rent plus the costs of his laywer.