Rental Agreements in Morocco 2026: Rights, Drafting and Termination

Article 3 of Law No. 67-12 requires a written lease with a legally established date. Article 4 notably requires the identification of the parties, a description of the premises, their intended use, the rent, the charges and the payment arrangements. In practice, the agreement should also state its term, effective date, address designated for service of notices and the number of keys handed over. If a party acts through an agent, the power of attorney must expressly cover the rental of the property concerned.

The description of the premises must include the full address, floor, apartment number, appurtenances, meters and, if the property is registered, the land title number. It must specify whether parking, the terrace, furniture or equipment are included. In a shared tenancy, each occupant signs the lease. If the landlord wishes to be able to claim the entire debt from a single co-tenant, a clear joint and several liability clause is required; such liability must not be presumed.

Articles 5 and 6 govern the jointly prepared condition report upon entry and when the premises are returned. The document must describe the walls, floors, sanitary facilities, installations, furniture and meter readings. Dated photographs may be attached, but they do not replace a signed written document. The absence of an entry condition report creates evidentiary difficulties and may trigger the statutory presumption, unless evidence to the contrary establishes the property’s actual condition.

The security deposit is governed by Articles 21 and 22 of Law No. 67-12. It may not exceed two months’ rent and must be returned within one month after the keys are handed back, after deducting established debts or repair costs. Normal wear and tear does not constitute chargeable damage. Care must also be taken not to confuse a deposit with an advance payment: rent paid in advance must be allocated to identified payment periods, whereas the deposit secures performance of the obligations.

Rent reviews are governed by Articles 31 to 39 of Law No. 67-12. Article 32 establishes, in principle, a three-year period before a further review, and Article 33 sets benchmark rates of 8% for residential use and 10% for professional use. Articles 36 to 39 notably govern the conditions for making a court application and its effects. These rates must be verified against the consolidated version applicable on the date of the application, subject to any legislative or regulatory amendment introduced in 2026.

The landlord must deliver the premises and their accessories in a condition suitable for the agreed use. This obligation arises under Law No. 67-12 and Articles 478 et seq. of the Code of Obligations and Contracts. Merely handing over the keys is therefore insufficient if the accommodation lacks an advertised essential installation, presents a known danger or is subject to a legal impediment attributable to the owner. The landlord must also guarantee the tenant peaceful occupation throughout the lease term.

Major repairs and work necessary to preserve the building normally remain the owner’s responsibility, except where the damage was caused by the tenant. A defective roof, ruptured main pipe, dangerous electrical installation or structural defect generally falls within this obligation. The tenant must notify the landlord promptly and provide access by appointment. The tenant should not independently incur significant expenditure and then deduct it from the rent without written agreement or judicial authorisation.

After payment, the landlord must provide a receipt identifying the period paid. The landlord may not enter the premises without the occupant’s consent, except in a genuine emergency, or disconnect the water or electricity to force the occupant to leave. Such conduct may justify urgent summary proceedings, damages and, depending on the circumstances, a complaint. Even where unpaid rent has been established, forcible eviction requires an enforceable decision and the intervention of a judicial enforcement officer.

The owner may claim the rent, substantiated charges and compensation for damage attributable to the tenant. For rent reviews, Articles 31 to 39 of Law No. 67-12 are the applicable reference for residential and professional use. The statutory benchmark rates are 8% and 10%, after the three-year period provided for by the legislation. They must not be attributed to another law and remain subject to verification against the consolidated version in force on the exact date of the application.

Rent received must be treated as property income in accordance with Articles 61 et seq. of the GTC. Article 73-II of the 2026 GTC, including its provisions relating to property income, provides for specific rates of 10% and 15% where the relevant conditions are met. These rates do not apply automatically to every owner: the tenant’s identity, annual gross income and the withholding or reporting mechanism are relevant. The consolidated DGI text must be checked for each tax year.

Termination by mutual agreement remains the quickest option where the parties agree on the move-out date, final settlement of accounts, return of the security deposit and handover of the keys. Otherwise, the landlord may not carry out an eviction on the landlord’s own initiative. Article 44 of Law No. 67-12 requires notice to be based on serious and legitimate grounds. These include, in particular, failure to perform rental obligations, repossession that meets the statutory conditions and certain authorised demolition or reconstruction projects.

Article 45 governs the notice to vacate: it must identify the rented premises, state the ground relied upon and include the particulars required by law. The period granted to the tenant may not be less than two months from proper service. It is therefore not a general and automatic three-month notice period. Evidence of the content and receipt is essential, which generally justifies service by a judicial commissioner or by another legally accepted method.

Article 46 governs the next steps where the tenant does not vacate the premises after the period expires. The landlord must apply to the court for validation of the notice and eviction, while the tenant may challenge the validity of the ground and the regularity of service. The application must be filed in accordance with the conditions and time limits arising from the applicable legislation. Before taking action, Articles 44, 45 and 46 should therefore be reviewed in their official consolidated version and every document checked.

In the event of non-payment, the formal notice must identify the lease, the periods claimed, a detailed amount and the relevant supporting documents. The period granted to the tenant may not be less than fifteen days. If the amount is not paid or if there is no genuine dispute, the landlord applies to the competent Court of First Instance to obtain payment, termination and eviction. An incorrect statement of account, defective service or omitted payments may jeopardise the claim.

After judgment, the decision must be served and bear the enforcement formula before the judicial commissioner may intervene. A first hearing often takes place within two to four months, after which service, appeals and enforcement take several additional months. Based on practice observed in 2025-2026, complete proceedings frequently take six to twelve months, and sometimes longer depending on the city, procedural incidents and the court’s caseload. These periods are professional estimates, not guaranteed timeframes.

A furnished lease must include a detailed, dated and signed inventory stating the condition of each item. In a shared tenancy, all occupants must sign, and joint and several liability for rent must be expressly stipulated. An oral lease is particularly precarious because Article 3 of Law No. 67-12 requires a written instrument bearing a certified date. Bank transfers, receipts or correspondence may prove occupancy and certain payments, but they do not replace all necessary clauses or evidence of the agreed designated use.

Continued occupancy after expiry may result in tacit renewal under the agreement, Law No. 67-12 and the supplementary rules of the Code of Obligations and Contracts (DOC). A party opposing such continuation should not wait until the last day to act. An email or WhatsApp message may constitute prima facie evidence, but it establishes the content and receipt less reliably than a document served by a judicial commissioner. The landlord must still comply with the conditions of Articles 44 to 46.

Moroccan owners residing abroad must pay particular attention to the power of attorney. It should identify the property and clearly authorise the representative to sign the lease, receive rent, issue receipts, complete tax formalities, serve notice and take legal action. Depending on where it is executed, the power of attorney may require legalisation, an apostille or a consular formality, as well as a translation. An imprecise general power of attorney may be challenged when non-payment or a sale occurs.

The most costly errors are the absence of a condition report, cash payments without a receipt, failure to verify the owner, an unreasoned notice and an inaccurate statement of unpaid amounts. Attempting an eviction without a judgment often aggravates the dispute. Requesting several months’ rent in advance also does not circumvent the security deposit cap: each amount must be clearly classified, receipted and allocated. A contradictory clause may prolong proceedings without protecting either party.

A lawyer can verify the applicable legal framework, particularly the boundary between Law No. 67-12 and Law No. 49-16, check the signatory’s powers and draft an appropriate lease. In the event of non-payment, the lawyer ensures the accuracy of the statement of account, the formal notice and the application to the Court of First Instance. For the tenant, the lawyer may challenge a debt that has already been paid, request work, arrange the deposit of rent or negotiate a departure. A consultation remains particularly useful for jointly owned property, an estate, a minor or mixed use.