Moroccan tenancy law has undergone profound legislative evolution over recent decades. For nearly a century, the Dahir of December 25, 1980, itself derived from the Dahir of 1928 on rents, constituted the reference text for residential leases. This old framework, designed in a colonial context and then maintained after independence, had many gaps and was a source of considerable litigation. The long-awaited reform finally came with the adoption of Law 67-12 on the organisation of contractual relations between landlords and tenants of residential or professional premises, enacted by Dahir No. 1-13-111 of 15 Moharrem 1435 (November 19, 2013) and effective from February 18, 2014.
Law 67-12 carried out a substantial overhaul of residential lease law by introducing clear rules on contract formation, rent setting and revision, the respective obligations of landlord and tenant, notice periods and their procedures, and remedies in case of dispute. This law applies to residential premises and professional premises (medical offices, law firms, accountancy offices, etc.), excluding commercial premises which fall under a separate regime.
Commercial leases are governed by Law 49-16 on leases of buildings or premises rented for commercial, industrial or artisanal use, enacted by Dahir No. 1-16-99 of 13 Chaoual 1437 (July 18, 2016). This text repealed the Dahir of May 24, 1955 that previously governed commercial leases. Law 49-16 enshrines the fundamental notion of the right to commercial lease renewal and organises the regime of eviction compensation owed to the tenant in case of non-renewal without legitimate grounds.
It is essential to note that the Dahir of Obligations and Contracts (DOC), enacted on August 12, 1913, continues to apply on a subsidiary basis for all matters not addressed by special laws. Articles 627 to 699 of the DOC, devoted to the lease of things, thus constitute a common foundation. Furthermore, the Code of Civil Procedure (Law 1-74-447) governs the procedural aspects of tenancy disputes.