Renting a flat in Morocco: Law 67-12 explained (deposit, rent increases, eviction)
Wadifa Info · updated 27 October 2026 · Also in French and Arabic
In short: residential leases in Morocco are governed by Law 67-12. The lease must be written and dated; the deposit is capped at two months' rent and returned within a month; without agreement, rent can rise by at most 8% every three years; a landlord who takes the flat back for personal use must give two months' notice and pay one year's rent as compensation; unpaid rent starts with a court-authorised 15-day formal notice.
What must a lease contain?
Law 67-12 applies to premises let for housing or professional use, furnished or not, for more than 30 days (art. 1). The lease must be in writing with a certified date (date certaine) and state in particular (art. 3):
- the identity of landlord and tenant (and of any agent or legal representative);
- the premises, their outbuildings, their use and the equipment;
- the rent, how often it is paid, the charges borne by the tenant and the payment method;
- each party's specific obligations.
An inventory of condition is drawn up on entry and on exit and attached to the lease (art. 7), without vague wording such as "good condition" (art. 8). If the property is sold, the lease continues on the same terms (art. 4).
How much deposit, and when is it returned?
The landlord may ask for a guarantee covering unpaid rent, charges and damage, capped at two months' rent. It must be returned within one month of handing back the keys, minus documented sums due; the parties may agree to set it against the last months (art. 20). The landlord must give a receipt separating rent and charges (art. 11).
When and by how much can the rent go up?
- No increase can be agreed less than three years after the lease was signed or last revised (art. 32).
- Without agreement, the increase is 8% for housing and 10% for professional use (arts. 33 and 34).
- The new rent runs from the court claim, or from receipt of the formal notice if the claim is filed within three months (art. 37).
- The tenant may ask for a reduction if circumstances affect the use of the premises (art. 36).
Who pays for repairs?
The landlord maintains the premises and does the necessary repairs; if not done within a month of notice, the tenant can obtain from the president of the court of first instance leave to do them and deduct the cost from the rent (art. 10). Minor repairs from normal use (locks, paint, taps…) are the tenant's unless the lease says otherwise (art. 19). No alterations without written consent (art. 15). If the landlord's works deprive the tenant of the flat for more than 3 days, the tenant may terminate or ask for a rent reduction (art. 17).
What happens if rent is not paid?
- The landlord asks the president of the court of first instance for leave to serve a formal notice to pay (art. 23), giving the tenant at least 15 days (art. 25).
- If the tenant still does not pay, the president validates the notice and orders payment within 48 hours of the application being registered (art. 27).
- The landlord can ask for termination and eviction without notice if the tenant did not pay despite the formal notice, changed the use of the premises, altered them without consent or neglected them (art. 56).
A landlord who pursues the procedure in bad faith after being paid owes the tenant two to six months' rent in damages (art. 30).
When can the landlord take the flat back?
- The landlord must serve a reasoned notice to vacate on serious grounds: to house himself or herself, a spouse, first-degree ascendants or descendants or a child in kafala; demolition, rebuilding or necessary works; or repeated late payment (art. 45), with at least two months' notice (art. 46).
- For personal use, the landlord must have owned the property for at least 18 months, and the beneficiary must not own adequate housing, unless an equivalent home is offered (art. 49).
- If the notice is upheld, the landlord pays one year's rent plus moving costs (art. 51); if the reason turns out to be false, the tenant is owed at least one year's rent (art. 52).
Can the tenant leave or transfer the lease?
Law 67-12 has no article setting a notice period for a tenant who wants to leave, so put one in the lease. Subletting or assigning the lease is forbidden without the landlord's written, dated consent; occupation by a third party for more than 3 months counts as subletting (art. 39). If the tenant dies, the lease continues for the spouse and the direct ascendants or descendants who lived there (art. 53); after a divorce it may continue for the mother who has custody (art. 54). A tenant who stays after the lease ends owes at least double the rent (art. 13).
Renting without a written lease
- An oral lease is not void: art. 3 requires a written, dated lease, but art. 74 provides that leases that do not meet art. 3 remain in force, and the parties can sign a compliant lease at any time.
- Risk for the landlord: the fast formal notice to pay procedure is only available if the tenancy is proven by a written deed with a certified date or by a final judgment fixing the rent (arts. 22 and 23). Otherwise only ordinary, slower court actions remain.
- Risk for the tenant: proving the rent, the deposit and the start date becomes hard. Ask for the signed receipt the landlord must give (art. 11), or pay by bank transfer (art. 25 lists payment against receipt, to the bank account or at the court's cash desk).
Which court?
The court of first instance where the property is located (art. 71). Commercial premises fall under a different law (49-16): see commercial leases (FR). Landlords must declare rental income: tax on rental income (FR). Free templates: lease generator (FR), rent receipts (FR).
Sources
Law No. 67-12 on contractual relations between landlords and tenants of premises used for housing or professional purposes (Dahir 1-13-111), consolidated Arabic version of 21 February 2019 (amended by Law 05-19), Adala legal portal of the Ministry of Justice (adala.justice.gov.ma), read on 5 and 18 October 2026. Article numbers refer to that text; the English wording is our translation.
Information only, not legal advice. Reuse with a link to this page (CC BY 4.0). Corrections: [email protected].