Renting a home in Morocco: tenant and landlord rights (Law 67-12)

Since 2014, renting a home or professional premises has been governed by Law 67-12 on relations between landlords and tenants. It covers furnished or unfurnished lets of more than thirty days, including outbuildings, and also applies to existing leases. Commercial leases fall under a separate law (49-16).

The lease must be in writing and have a certified date (date certaine, Article 3). It states the parties’ identities and ID documents, the home and its equipment, the rent, how often and how it is paid, and the charges paid by the tenant.

A lease gets its certified date when the signatures are certified at the town hall (légalisation), when it is signed before a notary, or when it is registered with the tax administration, the DGI (fixed fee of 200 MAD).

A dated, detailed inventory of condition (état des lieux), avoiding vague wording such as “good condition”, is attached to the lease at move-in and move-out (Articles 7 and 8). Without a move-in inventory, the tenant is presumed to have received the home in usable condition: take dated photos and note the meter readings.

The deposit cannot exceed two months’ rent (Article 20). It is returned within one month of the keys being handed back, minus sums owed and justified; the parties can agree that it will cover the last months’ rent.

The landlord gives a signed receipt (quittance) separating rent from charges (Article 11); a transfer made as the lease provides also counts as proof. The tenant cannot stop paying because of a defect in the home: they can only ask the court for a reduction (Article 21).

Increases follow the rules of Law 07-03, carried over into Articles 31 to 38: no increase within three years of the rent being set or last revised, and at most 8% for a home (10% for professional premises). For rent of 400 MAD a month or less, the court can go up to 50%.

• Landlord: a decent home, upkeep and major repairs. If they do nothing within a month of formal notice, the court can authorise the tenant to do the work and deduct it from the rent (Article 10).
• Tenant: minor repairs (locks, glazing, paint, taps…), unless the lease says otherwise (Article 19), and their own water and electricity; they are not liable for normal wear and tear.
• Building charges (syndic): owed by the owner; the lease can pass on the “services” part (lift, caretaker, cleaning) if it spells it out.
• Local taxes (Law 47-06): a rented home is not subject to the housing tax (taxe d’habitation) but to the municipal services tax (taxe de services communaux), assessed in the owner’s name on the rent. If the tenant is to reimburse it, the lease must say so.

A lease does not simply end when its term expires: whatever the contract says, notice is required (Article 44). It carries on with the new owner if the home is sold (Article 4).

The landlord can only give notice for a serious reason (Article 45): taking the home back for themselves or a close relative, demolition or works, repeated late payment. The notice must give reasons and at least two months, or it is void (Article 46); taking a home back to live in normally requires 18 months of ownership. If the court upholds it for that reason or for works, the landlord pays moving costs plus one year’s rent (Article 51).

For a tenant who wants to leave, Law 67-12 sets no notice period: put one in the lease and give notice in writing.

If rent is unpaid, the landlord, with leave from the court president, serves a formal demand to pay within at least 15 days, then obtains a payment order (Articles 22 to 27). They can also seek eviction without notice for non-payment despite the demand, serious damage or unauthorised alterations (Article 56).

Eviction always requires a judgment, enforced by a judicial officer (commissaire judiciaire, formerly huissier): changing the locks or cutting off water or electricity is not allowed. Conversely, a tenant who stays on after the lease has ended owes at least double the rent (Article 13).

• Never pay a deposit or “booking fee” before visiting the home and meeting the landlord.
• Check that they are the owner (ownership certificate in the name on their ID card) or an agent with a power of attorney; a tenant cannot sublet without written consent (Article 39).
• Be wary of rents that look too low, and pay by transfer or against a receipt.

Lets of thirty days or less (holiday or nightly rentals) are not covered by Law 67-12 but by tourist accommodation rules; a furnished let of more than thirty days is covered. Draft the lease and receipts with our generator.