Law 67-12 residential lease in Morocco — full 2026 guide

Law 67-12 applies to leases concluded for residential use (main residence, secondary, student) and certain non-commercial professional uses (notably liberal practice). Excluded: commercial leases governed by Law 49-16, short-term furnished rentals (Airbnb) in practice under specific regime, Habous leases, building leases. The law applies to premises in Morocco regardless of landlord or tenant nationality — so applies to MRE landlords or tenants.

The lease can be verbal or written, but the law strongly recommends written form for legal security. In practice, a written lease is essential: it fixes mutual obligations, duration, rent amount, deposit, entry inventory. Items to include: landlord/tenant identity, precise dwelling designation, rent amount and payment terms, duration, recoverable charges, deposit, restitution conditions, revision clauses if any. A lease drafted by a notary or co-signed by a lawyer offers reinforced enforceability and eases execution in case of dispute.

Law 67-12 provides that the residential lease is generally concluded for a minimum duration of 3 yearsfor the tenant's benefit (shorter duration possible for student lease). At expiry, the lease is tacitly renewed if no party has given notice in legal form and timing. Renewal is at same conditions, unless the landlord has properly notified a modification (notably rent) respecting the revaluation procedure. This stability protects the tenant but obliges the landlord to anticipate if they wish to recover the asset or substantially increase the rent.

Initial rent is freely fixed between parties. Its revision during the lease or at lease end is framed:

Conventional periodic revision. If the lease provides a revision clause (indexation, fixed annual increase), it applies per contractual terms.

Judicial revision absent clause or in dispute. If landlord and tenant disagree on an increase, either party can seize the court of first instance which rules on the rental value considering current market. The judge generally relies on a real estate appraisal report.

Manifestly below-market rent. Frequent case: a lease concluded 10-15 years ago at a rent now well below market. The landlord can request revaluation. RICS expertise determines current rental value by comparison with recent rentals of similar assets in the same sector — basis on which the judge will fix the new rent.

Manifestly above-market rent. Inverse: a tenant facing disproportionate rent can request downward revision. Same: RICS expertise on market rental value.

The landlord can give notice only at lease expiry (or its renewal), respecting a notice period and a legitimate motive:

· Recovery for own occupancy by landlord or close family member (spouse, parent, child), with justification.

· Recovery for reconstruction or substantial works making maintenance in place impossible.

· Repeated non-payment of rent, judicial termination motive.

· Grave breach of tenant obligations (prohibited subletting, repeated nuisance, damages).

Notice must be served by adoular deed, notarial deed or bailiff exploit, in prescribed timing. Improperly served notice is void and may trigger automatic lease renewal for a new period.

The deposit (often 1 to 2 months rent) must be returned to the tenant at departure, less any sums due (unpaid rent, charges, tenant-responsibility repairs). In case of disagreement on deductions, the tenant can seize the court. Expertise is useful to objectively quantify damages attributable to the tenant vs normal wear and tear. Without expertise, the dispute often drifts onto undocumented contradictory assertions.

ReaConsult intervenes in rental value expertise in several Law 67-12 contexts:

· Pre-lease: objective market rent determination to calibrate a correct rent neither below-market (reduced rental yield) nor above-market (vacancy, downward revaluation risk).

· Amicable revaluation: before court referral, contradictory expertise to ease landlord/tenant agreement on a new rent.

· Judicial revaluation: RICS Red Book report transmitted to the landlord or tenant's lawyer to support the request before the court. Primary comparable method (recent rentals of similar assets in same sector), cross-checked with income capitalisation, consideration of asset condition, services, orientation.

· Deposit restitution: expertise quantifying tenant-attributable damages vs wear.

· Contradictory expertise against a judicial expertise deemed unfavourable.

MRE landlord of a Casa Maarif apartment rented for 12 years. Rent of MAD 4,000/month vs current market rent estimated MAD 7,000-7,500/month for the same asset. RICS expertise to calibrate revaluation request before the court — defensible range, written methodology, closed comparables.

Tenant facing an 80 % increase request. The landlord claims market alignment deemed excessive. RICS contradictory expertise to demonstrate that current rent is actually only 15-20 % below market, and negotiate moderate increase vs lengthy procedure.

Contested deposit restitution — landlord retains 80 % for « damages ». Expertise of damages attributable to tenant vs normal wear after 8 lease years. The court relies on expertise to settle the amount to return.

Landlord wishes to recover for son's housing. Precise notification via adoular deed or bailiff, deadline respect, motive justification. Expertise useful upstream to verify the economic consistency of the decision (landlord does not deprive themselves of a rent significantly above rental value).

• Complete signed written lease (duration, rent, deposit, charges)
• Detailed entry inventory with dated photos
• Calibrate initial rent on market rental value (expertise)
• Include contractual revision clause if possible
• Keep all documents (receipts, exchanges)
• Anticipate notice with form-respecting service
• In case of dispute: RICS rental expertise from the start

• Verbal lease — demand written form
• Manifestly excessive increase request
• Refusal to provide receipts
• No entry inventory
• Non-detailed recoverable charges
• Deposit > 2 months rent
• Notice not served in form (verbal, SMS) — not valid