Tenant Protection in Morocco

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 This text repealed the Dahir of May 24, 1955 that previously governed commercial leases.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.

The rent question is at the heart of the tenancy relationship and often constitutes the main source of conflict between landlords and tenants. Law 67-12 established clear rules for initial rent setting and revision. The initial rent amount is freely set by the parties when concluding the lease (Article 8). This contractual freedom operates within the general framework of common law, which prohibits unconscionable or abusive contracts.

Regarding rent revision during the lease, Law 67-12 established a capping mechanism designed to protect tenants against excessive increases. Article 18 provides that rent may only be revised after a minimum period of three years from the date of lease conclusion or the last revision. Moreover, the increase may not exceed a cap set by regulation. The implementing decree has set this cap at 8% for residential premises and 10% for professional premises. Any increase above these caps is deemed unwritten.

In practice, rent revision is subject to negotiation between the parties. Failing agreement, the more diligent party may refer the matter to the competent court of first instance to set the new rent, taking into account criteria provided by law: the rental value of the property compared to similar properties in the same neighbourhood, improvements made to the premises, and the general evolution of prices. The court generally appoints a judicial expert tasked with evaluating the rental value before ruling.

For commercial leases, the rent revision regime is governed by Law 49-16. Article 5 provides that rent is freely set by the parties, but its revision may only occur after three years, with an increase cap set by regulation. Article 5 also specifies that the revision takes into account the rental value of the premises, determined according to the surface area, location, nature of the activity carried out, and prices charged in the neighbourhood for similar premises.

Tenant eviction is an extreme measure that can only be ordered by the court under conditions strictly regulated by law. Law 67-12 strengthened tenant guarantees regarding eviction by providing a procedure with several stages and protective deadlines. The landlord wishing to terminate the lease must serve notice on the tenant by extrajudicial act, respecting a six-month notice period before the lease expiry date. The notice must state the grounds invoked and inform the tenant of their right to contest the notice before the court.

Legitimate grounds for notice are listed in Article 12 of Law 67-12: recovery of premises for personal occupation by the landlord or their ascendants or descendants, carrying out major works requiring evacuation, failure to pay rent after a formal notice that went unheeded for fifteen days, change of premises use, unauthorised subletting, or serious neighbourhood disturbance. The landlord invoking personal recovery must demonstrate a real and effective need, and the court may refuse the notice if it considers the grounds are pretextual.

In case of notice for personal recovery, the tenant is entitled to displacement compensation set by the court based on circumstances (length of occupation, family situation, rehousing possibilities). The court may also grant the tenant grace periods of up to one year to vacate the premises, pursuant to Article 149 of the Code of Civil Procedure.

For commercial leases, the eviction procedure is even more protective of the tenant. The refusal of renewal must be notified by extrajudicial act and the tenant has thirty days to refer the matter to the court in contestation. During the proceedings, the tenant continues to occupy the premises and pay rent. The court may only order eviction after ruling on the merits and, where appropriate, setting the amount of eviction compensation.

Tenancy disputes in Morocco are brought before the court of first instance where the property is located, in accordance with general rules of territorial jurisdiction. Before any court referral, it is often recommended to attempt amicable resolution of the conflict, or even to resort to conventional mediation provided for by Law 08-05. Mediation offers the advantages of speed and confidentiality, and often makes it possible to find a satisfactory solution for both parties without the uncertainties and costs of contentious proceedings.

When judicial recourse proves necessary, the procedure follows the rules of the Code of Civil Procedure. The tenant or landlord may refer the matter to the court by written application, accompanied by supporting documents (lease contract, rent receipts, formal notices, bailiff's reports). The court rules after hearing the parties and, where appropriate, ordering an expert assessment. Decisions of the courts of first instance may be appealed to the competent court of appeal within thirty days of notification of the judgment.

It should be noted that Moroccan case law on tenancy matters is abundant and that the courts have gradually established important principles that supplement the legislative provisions. The Court of Cassation has notably clarified the conditions for exercising the right of personal recovery, the criteria for evaluating eviction compensation, and the effects of unauthorised subletting. Consulting a lawyer specialising in property law is therefore essential to understand all the rules applicable to a given situation.

Finally, it is worth noting that consumer protection associations and certain tenants' associations can provide support and advice to tenants facing difficulties with their landlord. These structures, although still insufficiently developed in Morocco, constitute a useful complementary recourse, particularly for the most vulnerable tenants.