» Are utility charges like water, electricity, cable TV and telephone usually included in the rental amount?
No, these bills are normally borne by the Lessee and paid for separately over and above the rent. It is also common practice for the Lessor to charge a monthly fee on account for these services. These are then usually adjusted every three months or when the official utility bills are received.
» Does a Notary or Lawyer have to be present on the signing of a commercial lease contract.
It is normal practice that the Agency draws up the contract, however it is common practice that lawyers or notaries get involved. This contract is generally vetted and drawn up by the Agency’s lawyers, to ensure all legal safeguards. No extra charge is due by any party for this service. Should the Lessee or Lessor wish to have professional legal assistance, they can opt to do this, but the charge will be borne by whichever party engages in this legal advice.
» Does Lessee or lessor have to pay additional commission if the rental contract is extended?
Additional commissions are due to the Agency if the rental is less than one year and has been extended. The agency is due the normal percentage up to the 1st year. Any extensions thereafter are not charged for by the agency.
» Is legal assistance optional in the case of commercial sale?
Notarial assistance is compulsory in this case, since all property sales in Malta are public documents and registered by a Noatary.
» Should a Lessee fail to pay rent on the date of the contract, could the agreement be terminated?
The contract stipulates that payment should be effected by a particular date, however it also stipulates a grace period before which legal measures come into effect. This period is generally 14 days from date due.
» When does the commission get paid to the Real Estate Agency?
Commission is paid on signing of the contract.