Editorial responsibility: Emmanuel DeGiovanni. Updated 31 October 2026.
An office rental agreement should turn the commercial offer into a clear record of the premises, costs, responsibilities and commitment you are accepting. Use this checklist to prepare questions for the landlord and your Malta-qualified legal adviser. It is a review aid, not a lease template or a substitute for advice on your contract.
Start with the written agreement and its attachments
For commercial tenancies entered into after 1 January 2010, Civil Code articles 1525 and 1531A require a written agreement identifying the property, agreed use, duration, extension arrangements, rent and payment method. Article 1531A provides that missing essential requirements can make the contract null. See the official Civil Code, articles 1525 and 1531A.
Ask your adviser to check the complete draft, plans, schedules, guarantees and any side agreements together. Do not treat a verbal assurance or an unsigned summary as a replacement for that review. For an existing, inherited or unusually long tenancy, establish which legal rules and formalities apply before relying on a general guide.
1. Identify exactly what you are renting
- Check the legal names of the parties and authority to sign and let the premises.
- Match the unit, floor, address and plan to the property viewed. Identify office area, terraces, stores and parking separately.
- Record furniture, equipment, shared facilities and rights of access in an agreed schedule.
- Confirm the proposed business activity, relevant planning documents and any restrictions on hours, signage or visitors. A lease description does not itself establish planning approval.
The planning-use guide explains the property questions to raise.
2. Separate the lease dates and exit conditions
Record the signature date, access for fit-out, handover, rent commencement and contractual end date separately. Identify which dates depend on works, approvals or services being ready, and agree how delays will be handled.
Check the fixed commitment, any tenant or landlord break, notice method, service address, conditions, renewal options and deadlines. Where the draft uses di fermo or di rispetto, ask your adviser to explain the actual wording and consequences. The minimum-term and break-clause guide addresses duration in more detail.
3. Make rent and additional costs comparable
- State the amount, currency, charging period, payment dates and whether the quotation is per square metre or for the whole premises.
- Identify the rent-review formula, review dates and any agreed cap, floor or fixed increase. Name the exact index if one is proposed.
- List taxes, utilities, parking, cleaning, insurance contributions and service charges separately, with inclusions and exclusions.
- For variable service charges, request the budget, allocation method, reconciliation process, supporting records and proposed treatment of exceptional expenditure.
Confirm tax treatment with your accountant for the actual parties and transaction. Obtain advice on any applicable filing, duty or registration requirements rather than applying a generic rate or deadline. The office pricing reference provides budget context; it does not determine your lease terms.
4. Review the deposit and every guarantee
Record the amount or cap, beneficiary, duration, permitted calls or deductions, return or release process and what happens on renewal, assignment or expiry. Distinguish a cash deposit, bank guarantee and personal guarantee; review each document rather than assuming they create the same exposure. Ask what evidence supports deductions and how disagreements are handled.
5. Allocate works, repairs and reinstatement
Prepare a responsibility schedule for structure, cooling, lifts, plumbing, electrical installations, shared parts and day-to-day maintenance. Record the initial condition with an agreed inventory and photographs. Check how defects and outages are reported and who arranges and pays for work.
List landlord works and tenant fit-out separately. Agree approval procedures, access, deadlines, ownership of improvements and the condition required at handback. Clarify which alterations must be removed and whether the landlord can request payment instead. Use the illustrative lease-cost examples to test how these responsibilities affect a comparison.
6. Check business changes and operational restrictions
Review assignment, subletting, sharing occupation, company restructuring and change-of-control provisions against your business plans. Identify consents, costs, continuing guarantees and release conditions. Check landlord access arrangements, insurance requirements, liability provisions and restrictions that could affect security or regulated operations.
7. Record what happens if something goes wrong
Ask your adviser to explain default notices, opportunities to remedy a breach, termination rights, delay charges, dispute procedures and the effect of damage or loss of use. Do not assume a break clause, deposit or force-majeure heading limits all potential liability. Identify any unresolved issue before you authorise signature.
A final sign-off checklist
- Reconcile the agreed heads of terms with the final draft and every attachment.
- Assign each outstanding property, legal, tax or technical question to the appropriate adviser.
- Confirm the approving decision-maker, signatory and payment instructions through a trusted channel.
- Keep the signed documents, condition record, works schedule and calendar of notice and review dates.
For definitions, use the office lease glossary; for commercial discussions, use the negotiation checklist. The rental-process guide places contract review within the wider search and handover process.
Contact OfficeSpace.Rent for help clarifying the property offer and your office requirements. Your legal and tax advisers should confirm the implications of the proposed agreement.
