Landlord Rights in Morocco
Landlord rights are regulated by Law No. 67-12, which defines the relationship with tenants. These rights include collecting rent, enforcing the lease, reclaiming the property in case of violations, and taking legal action in case of abuse or unpaid rent.
What are the essential landlord rights in Morocco?
Landlords have the right to receive rent on time, request a security deposit, enforce lease terms, reclaim the property in case of non-payment or misuse, and initiate legal proceedings when necessary.
Does the landlord have the right to a written lease?
Yes. The landlord must prepare a written lease contract specifying the rent, duration, obligations of each party, and payment conditions. This contract is essential to protect the landlord and enforce their rights in case of disputes.
Right to receive rent regularly
The landlord can demand rent payment on the agreed dates. In case of delay, a formal notice should be sent, followed, if necessary, by a legal procedure for rent collection or lease termination.
Right to set and revise rent
Landlords can freely set the initial rent. Rent revision is regulated by law, generally every three years, with legal limits on the percentage of increase, often around 8% for residential leases.
Right to reclaim the property
In cases of serious tenant breaches (non-payment, misuse, or lack of maintenance), the landlord can request reclamation of the property through judicial channels, respecting all legal formalities and deadlines.
Right to compensation for damages
Landlords can demand repairs or financial compensation if the tenant caused damage. Security deposits may be withheld for justified and documented damages.
Right to control subletting and lease transfer
Subletting is prohibited without written authorization from the landlord. In case of unauthorized subletting, the landlord may terminate the lease and reclaim the property.
Right to protection against tenant abuse
Landlords enjoy legal protection against tenant abuses, including non-payment, illegal occupation, or unauthorized alterations, with the possibility of legal recourse.
Right to initiate eviction proceedings
In cases of serious violations (non-payment, illegal occupation), landlords can initiate judicial eviction proceedings, following Law 67-12 and legal deadlines.
Right to reclaim the property for personal use
Landlords can reclaim their property for personal or family use, respecting legal notice periods and contractual and legal formalities.
Concrete examples of landlord rights in action
Example 1: A tenant fails to pay three consecutive months of rent. After formal notice, the landlord can take the case to court to reclaim the property.
Example 2: A tenant modifies the property without permission. The landlord can request repairs or financial compensation.
Example 3: Unauthorized subletting → lease termination and property recovery.
Comparison of rights and obligations: Tenant vs Landlord
| Category | Tenant Rights | Landlord Rights |
|---|---|---|
| Contract | Written lease mandatory, fixed duration and rent | Can require a written lease, set rent |
| Rent | Receive receipts, contest abusive increases | Collect rent on time, controlled revision |
| Property | Decent and secure housing | Can demand maintenance and major repairs |
| Eviction | Right to judicial contestation | Right to reclaim property after legal procedure |
| Security deposit | Returned after move-out inspection | Can retain for damages or unpaid rent |
Eviction procedures for non-payment
| Step | Description | Approximate Timeline |
|---|---|---|
| Formal notice | Registered letter requesting payment or compliance | 7–15 days |
| Legal summons | Filing in court to address the breach | 1–2 months |
| Hearing and judgment | Judge examines evidence and rules on eviction | 1–3 months |
| Eviction notice | Tenant receives decision and legal deadline to vacate | 15–30 days |
| Execution | Enforced by bailiff or authorities if tenant refuses | Variable |
FAQ - Landlord Rights
What are the main landlord rights in Morocco?
Landlords can collect rent, set and revise rent, require a written lease, reclaim property for breaches, and initiate legal procedures.
Can the landlord freely increase the rent?
No. Rent revision is regulated, usually every three years, with legal limits on the percentage and contractual conditions.
Can the landlord request a security deposit?
Yes. The security deposit is usually limited to two months' rent and refundable at the end of the lease if there are no debts or damages.
What to do in case of unpaid rent?
The landlord must send a formal notice, then may take the matter to court for collection, lease termination, or legal eviction.
Can the landlord refuse subletting?
Yes. Without written authorization, subletting is prohibited and may result in lease termination.
What recourse does the landlord have for damages?
They can claim compensation or retain the security deposit to repair the property if damages are proven.
Key takeaways
Landlord rights are governed by Law 67-12. They include rent collection, protection against tenant abuses, property reclamation, compensation for damages, and access to legal procedures. A written lease and documented proof are essential.