1. Security deposit and guarantor: two notions always confused
In everyday language, people say "I paid a caution" when referring to the sum handed to the landlord on move-in. Legally, it is not the same thing, and the distinction has concrete consequences:
- The security deposit is a sum of money paid by the tenant to the landlord at the start of the lease (often the equivalent of one to two months' rent). It is held throughout the rental and is intended to cover any breaches by the tenant noted on departure: unpaid rent, charges due, rental repairs.
- The guarantor, in the strict sense, is a person (individual or legal entity) who guarantees the payment of the rent: if the tenant does not pay, the landlord can turn to the guarantor. They commit through a written suretyship deed, separate from the lease.
In other words: the deposit secures the landlord with money already in hand; the guarantor secures the landlord with the commitment of a solvent third party. Both can coexist in the same lease. The rest of this article focuses on the security deposit, which concentrates almost all end-of-lease disputes.
2. The framework: what Law 67-12 says about the deposit
Law 67-12 governing residential rentals sets the principle: the security deposit must be refunded to the tenant on departure, after deducting any sums still owed. The landlord does not have free use of this sum: it is neither an extra month's rent nor a discretionary reserve.
The amount of the deposit, its payment and refund terms are in practice set in the lease. This is why a complete written lease is essential: it prevents the end of the rental from turning into a tug-of-war over unwritten rules. A careful move-in and move-out inventory of fixtures is the central document of the file.
3. What the landlord can withhold — and what they cannot
Withholding is not an automatic right: it must correspond to sums actually owed and justified. The landlord may deduct:
- Unpaid rent still owed by the tenant on departure.
- Recoverable charges due and unpaid.
- The cost of rental repairs corresponding to damage attributable to the tenant: what results from abnormal use or lack of maintenance.
By contrast, the landlord cannot withhold for the normal wear and tear of the dwelling — the ageing linked to the mere passage of time and normal use. Paint that dulls after several years, flooring that marks with use: it is not for the tenant to fund. Confusing the two is the number-one cause of disputes.
4. Attributable damage or wear and tear? The dividing line
The whole difficulty lies in this boundary, which is not a question of good faith but of method. A few markers:
- Attributable damage: abnormal use or lack of maintenance — broken equipment, an unfilled hole, water damage left unaddressed, an item missing compared with the move-in inventory.
- Normal wear and tear: the ageing expected of a dwelling lived in normally over the term of the lease. The longer the rental, the greater the share of wear and tear — which correspondingly reduces what can be charged to the tenant.
The reference tool is the comparison between the move-in inventory and the move-out inventory. Without a dated and detailed move-in inventory, the landlord struggles to show that a defect appeared during the lease — and the tenant struggles to prove it already existed. That is why a careful inventory, ideally photographed, is the best investment for both parties.
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5. The refund procedure, step by step
- Step 1 — Move-out inventory. On returning the keys, landlord and tenant jointly note the state of the dwelling and compare it with the move-in inventory. This is the decisive moment.
- Step 2 — Statement of sums owed. The landlord draws up, where applicable, a written and justified statement: the nature of each deduction (rent, charges, repair), the amount, and the supporting document (invoice, quote).
- Step 3 — Refund of the balance. The landlord refunds the deposit, less only the justified sums. Absent any breach, the refund must be in full.
- Step 4 — In case of disagreement. If the tenant contests the deductions, the amicable route should be preferred (written exchanges, adversarial appraisal). Failing that, the tenant can refer the matter to the court, which will decide the amount to refund.
On the precise refund deadlines, practice varies and the lease may set specific terms: confirm your situation with your adviser. The golden rule, on both sides, is to put everything in writing.
6. When the dispute escalates: the role of the appraisal
The classic scenario: the landlord withholds a large part of the deposit for "damage", the tenant considers it normal wear and tear, and each digs in. Without objective evidence, the debate reduces to contradictory assertions that are impossible to settle.
This is where an independent appraisal changes the game. Our RICS-certified experts produce a report compliant with RICS standards that quantifies the damage genuinely attributable to the tenant and isolates what is wear and tear, drawing on the inventories and the age of the lease. This report first serves the amicable negotiation: it objectifies the figures and defuses the tug-of-war. Important: a private appraisal is a decision and negotiation tool between the parties to support your position with third parties — in litigation, it is the judge who appoints the expert. Report within 5 to 8 days (48-72 h in express), from 3,500 MAD excl. tax, firm quote within 24 h.
7. Best practices — landlord and tenant
- Landlord side: a written lease clearly setting the amount and refund terms of the deposit; a detailed and photographed move-in inventory; a move-out statement justified item by item; no flat-rate withholding and no withholding for normal wear and tear.
- Tenant side: insist on a dated, adversarial move-in inventory; keep receipts and exchanges; report and have incidents repaired during the lease; contest in writing, with supporting documents, any unjustified withholding — and request an appraisal in case of deadlock.
- For both: the guarantor is a separate subject; their commitment relates to the rent, not the refund of the deposit. Do not mix the two mechanisms in your exchanges.
8. FAQ
Are the security deposit and the guarantor the same thing?
No. The security deposit is a sum of money paid by the tenant to the landlord, held during the lease to cover any breaches. The guarantor is a person who guarantees the payment of the rent through a written suretyship deed. Everyday language uses caution for both, hence the confusion.
How much can the landlord withhold from my deposit?
Only the sums actually owed and justified: unpaid rent, unpaid recoverable charges, and the cost of repairs corresponding to damage attributable to you. Nothing for the normal wear and tear of the dwelling. Any withholding must be quantified and justified by a supporting document (invoice, quote).
Faded paint after 6 years of renting — is that on me?
In principle no: it is normal wear and tear linked to time and to normal use of the dwelling. The longer the lease, the greater the share of wear and tear and the less the landlord can charge to the tenant. The comparison between move-in and move-out inventories is the reference tool; in case of dispute, an appraisal settles it objectively.
The landlord refuses to return my deposit — what can I do?
First ask for a written and justified statement of the deductions. Contest in writing, with supporting documents, what is wear and tear or is not justified. An independent appraisal can quantify the reality of the damage and unblock an amicable negotiation. Failing agreement, you can refer the matter to the court, which will set the amount to refund.
Can a deposit refund appraisal be used in court?
A private appraisal is a decision and negotiation tool between the parties: it objectifies the damage and facilitates an amicable agreement. In litigation, it is the judge who appoints the expert. Our report, compliant with RICS standards, is delivered within 5 to 8 days (48-72 h in express), from 3,500 MAD excl. tax, firm quote within 24 h.
Dispute over a security deposit? Objectify the figures.
RICS-certified experts — a report quantifying the damage attributable to the tenant vs normal wear and tear, a solid basis for amicable negotiation. Report within 5 to 8 days (48-72 h in express), everywhere in Morocco.
Note: Residential rentals are governed by Law 67-12. The amount of the deposit and the refund terms and deadlines depend on the lease and the regulations in force: confirm your situation with your notary, lawyer or adviser. A private appraisal is a decision and negotiation tool; in litigation, the judge appoints the expert. To document damage objectively, see our real estate appraisal page or the real estate blog.