Tenant Rights in Morocco
Tenant rights in Morocco are protected by Law No. 67-12 governing residential and professional leases. This law ensures tenants have access to decent housing, peaceful enjoyment of the property, return of the security deposit, and protection against abusive clauses.
What are the fundamental tenant rights in Morocco?
Tenants are entitled to habitable and safe housing, a written lease contract, respect for the lease duration, peaceful enjoyment of the property, and return of the security deposit if there is no damage or unpaid rent.
Does a tenant have the right to a written contract?
Yes. Law 67-12 requires a written lease contract specifying the parties' identities, rent amount, lease duration, and respective obligations. Without a written contract, tenant legal protection is significantly reduced.
Right to decent and habitable housing
Tenants have the right to housing that is clean, secure, and meets minimum habitability standards. This includes functional electrical and plumbing systems, proper ventilation, and no health or safety hazards.
Must the security deposit be returned to the tenant?
Yes. The security deposit must be returned at the end of the lease after the move-out inspection, minus any justified repairs or unpaid rent. Tenants have the right to request receipts or proof for any deductions.
Right to peaceful enjoyment of the property
Tenants are entitled to peaceful enjoyment of the leased property. Landlords cannot enter the property without permission or disturb the tenant, except in cases of judicial decision or urgent situations provided by law.
Protection against abusive rent increases
Rent revision is strictly regulated by law. Any increase must be stipulated in the lease and comply with legal deadlines. Tenants may challenge abusive increases in court.
Right to maintenance and repairs
Tenants are responsible for routine maintenance but have the right to request that the landlord cover major repairs affecting the safety or habitability of the property.
Right to terminate the lease with notice
Tenants may terminate the lease by respecting the notice period specified in the contract, typically one to two months. Observing the notice protects the tenant from penalties or disputes.
Right to contest abusive clauses
Any abusive or illegal clause may be challenged by the tenant. Moroccan courts can nullify clauses that infringe upon the fundamental tenant rights established by Law 67-12.
Right to fair legal procedure
In case of disputes with the landlord, tenants have the right to approach the competent court. No eviction or penalty can be applied without a judicial decision in accordance with legal procedures.
Tenant rights in case the property is sold
Selling the property does not automatically terminate the lease. The tenant retains their rights until the lease expires, unless a court decides otherwise. The new owner must honor the existing lease terms.
Tenant rights in case of eviction
No eviction can occur without a final judicial decision. Tenants have the right to defend themselves in court, receive legal notice, and contest any abusive eviction that violates Law 67-12.
Summary of tenant rights
| Tenant Right | What Law 67-12 Provides |
|---|---|
| Written lease contract | Mandatory for all rentals |
| Decent housing | Clean, secure, habitable |
| Peaceful enjoyment | No intrusion from landlord |
| Security deposit | Return required after move-out inspection |
| Rent increase | Strictly regulated by law |
| Eviction protection | Judicial decision required |
Common mistakes to avoid
Many tenants lose their rights due to lack of written proof. The most common mistakes include missing a written lease, omitting the move-in inspection, paying rent without receipt, and accepting abusive clauses contrary to Law 67-12.
FAQ - Tenant Rights in Morocco
What are the essential tenant rights in Morocco?
Tenants are entitled to decent housing, a written lease, peaceful enjoyment, return of the security deposit, and protection against abusive clauses under Law 67-12.
Is a written contract mandatory in Morocco?
Yes. A written lease is mandatory to legally protect both the tenant and landlord in case of disputes.
Do I have the right to decent housing as a tenant?
Yes. The rented property must be clean, secure, and comply with minimum habitability standards set by Moroccan law.
Can the landlord refuse to return the security deposit?
No, except in cases of damage or unpaid rent properly documented after the move-out inspection.
Can I challenge a rent increase?
Yes. Any increase not stipulated in the lease or contrary to the law can be contested before the competent authorities.
What should I do in case of a dispute with the landlord?
Tenants can take the matter to the competent court to enforce their rights, especially in cases of illegal eviction or non-return of the security deposit.