Tenant Eviction in Morocco: Full Procedure, Timeframes and Required Documents in 2026

A judge will not order an eviction merely because relations between the parties have deteriorated. The landlord must invoke serious grounds and prove them. For premises governed by Law 67-12, Article 45 requires the notice to be based on serious and legitimate grounds. These include, in particular, repossession for residential occupation, demolition or major repairs requiring the tenant to leave, and failure to pay rent.

Non-payment is the most common ground. Articles 23 to 27 of Law 67-12 establish a specific recovery procedure where the rental debt is determined and due. In practical terms, the landlord must identify the unpaid months, the amount of rent and the sums already received. If the tenant produces receipts, relies on work chargeable to the landlord or seriously disputes the amount, the judge may require proceedings on the merits.

Use contrary to the agreement may also justify termination: converting housing into commercial premises, established nuisances, serious damage or occupancy contrary to the agreed use. A mere statement from neighbours is rarely sufficient. Depending on the circumstances, a formal inspection report, technical reports, complaints, dated photographs or administrative decisions are required. The judge assesses the seriousness of the breach and determines whether it genuinely makes continuation of the lease impossible.

Repossession for personal residential occupation is subject to stricter conditions than the landlord’s mere wish to recover the property. The notice must identify its beneficiary and comply with Articles 45 et seq. of Law 67-12. The landlord must be able to demonstrate that the need is genuine and satisfy the statutory conditions relating to ownership and available housing. A sham repossession may result in a compensation claim if the premises are not occupied in accordance with the stated grounds.

The contractual term’s expiry does not always result in automatic eviction. If the tenant remains on the premises with the landlord’s consent, even tacit consent, renewal may be invoked. The lease term, renewal clause, rent collected after expiry and notice served must be examined. In practice, continuing to receive several months’ rent without reservation may weaken an argument based solely on expiry.

The first decision is whether to use summary proceedings, the special recovery procedure or proceedings on the merits. The president of the Court of First Instance may hear a matter in summary proceedings under Articles 149 et seq. of the Code of Civil Procedure where urgency exists and the requested measure does not determine a serious dispute. Summary proceedings must not be used to resolve a complex disagreement concerning ownership, the existence of the lease or substantial work allegedly offset against the rent.

Proceedings begin with an application identifying the parties, the property, the grounds and the relief sought. The landlord may claim termination, eviction of the tenant and any person occupying through the tenant, rent due, an occupancy indemnity after termination, proven damages and costs. Article 32 of the Code of Civil Procedure specifies the application’s essential particulars. The file is lodged with the registry of the court with jurisdiction, then registered and listed for a hearing.

The tenant is summoned in accordance with Article 39 of the Code of Civil Procedure. The tenant may pay, dispute the debt, raise the invalidity of the notice or request an expert assessment. If the tenant’s address is uncertain or the tenant refuses the instrument, the bailiff must follow the statutory formalities and draw up a precise report; the landlord cannot simply declare that the tenant cannot be found. In Casablanca, an incomplete case file is frequently adjourned, causing a delay of several weeks.

After the exchange of written submissions and documents, the court reserves the case for deliberation and then issues its decision. An appeal against a judgment on the merits must, in principle, be filed within thirty days of its notification under Article 134 of the Code of Civil Procedure. For a summary order, Article 153 of the same code provides a period of fifteen days from notification, unless a special provision applies. An appeal normally stays enforcement, subject to any provisional enforcement that applies by law or is ordered by the court.

Once the decision is enforceable, a certified copy bearing the enforcement formula is delivered to the bailiff. The bailiff serves the decision and orders the tenant to vacate the premises. Article 436 of the Code of Civil Procedure provides, in principle, for a period of ten days after notification before enforcement, except in urgent cases or where otherwise provided. If the occupant resists, the bailiff records the difficulty and requests the necessary assistance through official channels.

On the day of the eviction, the bailiff draws up a report, records the condition of the premises and deals with property left behind in accordance with judicial instructions and enforcement rules. The landlord must not sell or discard such items on their own initiative. Law enforcement assistance is not automatic and may add two to six weeks, sometimes longer. After the keys are handed over, it is often still necessary to pursue recovery of the rent against the debtor’s attachable income or assets.

No single timeframe can be guaranteed. Based on practice observed in 2025-2026, a summary order may be obtained within two to six weeks when the summons is successfully served and the file is complete. Actual enforcement frequently adds another two to four months. An action on the merits is more likely to take six to eighteen months at first instance, to which an appeal, an expert assessment, an enforcement difficulty or the search for a new address may be added.

Differences between cities mainly result from congested court lists and adjournments. As a guide, and not as an official statistic, a case on the merits may take approximately ten to eighteen months in Casablanca, eight to fourteen months in Rabat and six to twelve months in Marrakech. Timeframes may be shorter in a less busy court. However, an unsuccessful notification, a missing document or a request for an expert assessment is enough to disrupt these ranges.

For budgeting purposes, court fees and advances, service, enforcement and professional fees must be distinguished. Initial court disbursements and procedural costs are often a few hundred dirhams, but vary according to the monetary claims and the instruments required. In 2026, it is prudent to ask the court registry for an updated breakdown rather than rely on a flat amount. Translations, land registry certificates and expert assessments are charged separately.

Simple service by a bailiff commonly costs approximately 150 to 600 DH per instrument, excluding travel expenses and any disbursements. On-site enforcement action often costs 800 to 2,500 DH, or even more if multiple attendances, a locksmith, transport or special measures are required. These figures are observed practical ranges, not a universal quotation. The bailiff should be asked about the regulated fee, disbursements and each additional service.

Lawyers’ fees are freely agreed with the client and are not governed by a single mandatory scale. Relatively straightforward tenancy proceedings often cost between 3,000 and 8,000 DH, excluding any appeal; a strongly contested case on the merits or one involving financial claims may cost 8,000 to 15,000 DH. With an appeal and enforcement issues, the amount may exceed 20,000 DH. A written fee agreement must specify the services, taxes and disbursements included.

Overall, uncontested summary proceedings may cost approximately 5,000 to 10,000 DH, while a case on the merits involving an appeal and compulsory enforcement may reach 15,000 to 30,000 DH or more. These practical estimates for 2026 are not an official tariff. A successful landlord may claim legal costs, but these do not necessarily cover all legal fees, and their recovery depends on the tenant’s solvency.

The most dangerous mistake is to take the law into one’s own hands. Cutting off the water or electricity, changing the locks, entering the dwelling or removing furniture exposes the landlord to a complaint and a claim for damages. These acts do not become lawful because several rent payments are outstanding. They may also shift the focus of the dispute from the tenant’s breach to the landlord’s conduct and seriously complicate recovery of the property.

The second mistake is an imprecise formal notice. An incorrectly calculated month, an omitted payment or an inaccurate address may make the debt subject to a serious dispute. Notice to vacate presents the same risks: a vague reason, failure to identify the beneficiary of repossession, a period of less than two months or service that cannot be proven. Before taking any action, the agreement, bank receipts and notification instruments must therefore be reconciled in a single chronology.

The landlord must also avoid choosing summary proceedings simply in pursuit of speed. Where the tenant seriously disputes the lease, cites major works or produces conflicting rent receipts, the summary proceedings judge may decline jurisdiction or dismiss the application. Proceedings on the merits will then have to be started afresh. Correctly characterising the case from the outset often saves more time than using an unsuitable expedited procedure.

The lawyer verifies the applicable legal regime, drafts the preliminary instrument, selects the court and formulates all appropriate claims. The lawyer may also request provisional enforcement where the conditions of Article 147 of the Code of Civil Procedure are met, without claiming that it will be granted automatically. The lawyer then follows up on notification, the appeal and enforcement with the bailiff. Legal representation is particularly useful for a commercial lease, an oral lease, repossession for personal use or a landlord residing abroad.

Before instructing a lawyer, request a fee agreement specifying whether it covers the formal notice, first-instance proceedings, the appeal and enforcement. Provide all documents, including those that appear unfavourable: accepted late payments, authorised works or contradictory messages. A realistic analysis may make it possible to negotiate a written agreement to vacate, partial debt relief or a payment schedule, without waiving legal proceedings if the agreement is not honoured.