Bottom line:In Morocco you never evict by yourself — a judge orders the termination and the eviction. The landlord's file — evidence and figures — makes all the difference.
1. The golden rule: you never evict by yourself
This is the first reflex to correct. Faced with a tenant who has stopped paying, the landlord cannot take back the property by his own means: changing the locks, cutting off water or electricity, removing the occupant's belongings or applying any pressure are self-help acts that turn the situation against the owner — and expose him to legal liability.
Eviction can only result from a court decision. The landlord files with the court of first instance to have the unpaid rent recorded, to terminate the lease and to order the eviction. It is slower than direct action, but it is the only route that definitively secures both the recovery of the property and the recovery of the sums owed.
2. Step 1 — Gather the evidence and serve a formal notice
Before any court action, the landlord must build a solid file. It is the file that will decide the outcome: a documented file moves fast, a vague file gets bogged down.
- The signed lease and the move-in inventory of condition — which establish the rental relationship, the rent amount and each party's obligations.
- Proof of the unpaid rent: unpaid receipts, bank statements showing the absence of payment, written exchanges with the tenant.
- The formal notice: summon the tenant, by registered letter with acknowledgement of receipt (and ideally by bailiff's deed), to settle the arrears within a reasonable time. This step demonstrates the landlord's good faith and the persistent nature of the default.
- The arrears statement: a clear month-by-month table (rent due, charges, sums paid, balance) that will serve as the basis for the figures put before the judge.
Repeated non-payment of rent is, under Law 67-12 on residential leases, grounds for termination before the court. The formal notice that goes unanswered is the document that opens the door to the judicial phase.
3. Step 2 — Filing with the court: termination and validation of arrears
With the formal notice having yielded nothing, the landlord — assisted by his lawyer — files with the competent court of first instance. The claim may combine several heads:
- Recording the unpaid rent and validating the arrears statement.
- Terminating the lease for non-payment.
- Evicting the tenant and any occupant claiming through him.
- Ordering payment of rent arrears and charges due.
- The occupation indemnity for the period the occupant stays on the premises after termination (see section 5).
Formal rigour is decisive: a notice served outside the prescribed forms (adular deed, notarial deed or bailiff's writ) can weaken the claim. It is best to involve a lawyer from the formal notice stage to avoid procedural defects that lengthen the timeline.
The right reflex: have the rental value figured before the hearing
The amount you claim as an occupation indemnity must be documented to be accepted. If you simply ask for "the equivalent of the rent", you overlook one essential point: the lease rent may be far below the current rental value, especially for an old lease. An independent appraisal report compliant with RICS (Red Book) standards determines the market rental value — by comparison with recent lettings of similar properties in the same area — and gives the judge a figured, methodical and defensible basis, rather than a contestable estimate. The same report serves to objectify any damage attributable to the tenant beyond normal wear and tear, to justify the deduction from the security deposit. Turnaround: report in 5 to 8 days, 48-72 h express, firm quote within 24 h.
4. Step 3 — The judgment and enforced execution
If the court grants the claim, it terminates the lease, orders the tenant to pay the sums due and orders his eviction. A tenant who does not voluntarily vacate then faces enforced execution: the eviction is carried out by enforcement agents, with the assistance of the public force if needed.
In practice, the landlord has two simultaneous objectives: recover the property and recover his money. The first goes through the execution of the eviction; the second through enforcement measures against the debtor's assets (seizures). The financial side warrants its own treatment alongside the procedure described here.
5. The occupation indemnity — what an occupant without title owes you
Many landlords are unaware of it: once the lease is terminated, the occupant who stays is no longer a tenant, but an occupant without title. As such, he owes an occupation indemnity that compensates the owner for the loss of use suffered throughout the period he stayed on the premises.
Its amount generally corresponds to the market rental value of the property over the period, sometimes adjusted according to the loss suffered. The Court of Cassation has recognised the judge's sovereign power to set this indemnity, based on the documented evidence in the file. In other words: the judge sets the amount, but he sets it on the basis of what is presented to him. A file that merely asserts an amount carries little weight; a file that brings an independent appraisal of the rental value gives the judge a figured and defensible basis.
6. The security deposit and the damage
When the occupant leaves, the security deposit may be applied to the sums due: unpaid rent, charges, and tenant repairs falling to the tenant. But be careful with the line between damage attributable to the tenant and normal wear and tear: a landlord who withholds the entire deposit without justifying the deductions exposes himself to litigation in reverse, as the tenant can apply to the court to recover his deposit.
Here again the appraisal settles the matter: the objective quantification of damage attributable to the tenant, distinguished from wear linked to the age of the property, gives the judge a clear basis to validate the deduction. Without this objectification, the debate quickly drifts into contradictory assertions that no one can document.
7. Anticipate: secure the letting upstream
The best unpaid-rent file is the one you never have to open. A few reflexes greatly reduce the risk:
- A complete written lease, signed, clearly stating rent, charges, deposit and conditions for its return.
- A detailed move-in inventory of condition, with dated photos — a decisive piece of evidence the day you need to quantify damage.
- A rent calibrated to the market rental value from the outset: neither below market (clipped yield), nor above market (vacancy and litigation risk).
- A fast reaction to the first persistent unpaid installments: a formal notice served early avoids the build-up of a debt that is hard to recover.
To calibrate the rent or anticipate a review, see our guide on rent review in Morocco.
8. FAQ
Can I cut off the water or change the locks to make a non-paying tenant leave?
No, and it is a frequent mistake with serious consequences. Cutting off utilities, changing the locks or applying pressure are self-help acts that turn the situation against the landlord. Eviction can only result from a court decision: formal notice, then filing with the court to record the unpaid rent, terminate the lease and order the eviction.
How long does the procedure take?
It depends on the court, the regularity of the file and the tenant's attitude (challenges, appeals). A clean file — signed lease, proof of unpaid rent, proper formal notice, clear statement and documented figures — moves faster. Conversely, a notification defect or an unsubstantiated amount markedly lengthens the timeline. Hence the value of involving a lawyer from the formal notice stage.
The tenant disputes the amount I am claiming — what should I do?
This is precisely where an independent appraisal carries weight. For the arrears, present a month-by-month statement backed by your bank records. For the occupation indemnity, have the market rental value established by an expert: the Court of Cassation has recognised the judge's sovereign power to set this indemnity, based on the documented evidence. A figured, methodical report beats an assertion.
Should I go through summary proceedings or the merits?
It depends on the situation. For an occupant manifestly without title and an indisputable occupation, summary proceedings can allow a quick decision. For a rental dispute with a serious challenge (rent amount, validity of the lease, deductions), the merits are generally the appropriate route. Your lawyer guides the choice according to the evidence in the file.
Is a rental value appraisal mandatory to claim the occupation indemnity?
No text requires it. But the judge sets the indemnity based on what is presented to him: a merely asserted amount carries little weight, while an amount supported by an independent appraisal report compliant with RICS (Red Book) standards is far more defensible. The appraisal objectifies the market rental value and, if needed, the quantification of damage. Report in 5 to 8 days (48-72 h express), from 3,500 MAD excl. tax, firm quote within 24 h.
A tenant who has stopped paying? Quantify what you are owed.
RICS-certified experts — a rental value report to support your occupation indemnity and quantify the damage, in 5 to 8 days (48-72 h express). Reports compliant with RICS (Red Book) standards, throughout Morocco.
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This article describes the general procedure applicable to residential leases under Law 67-12 and does not constitute individualised legal advice; consult a lawyer for your situation. To have the rental value or damage quantified, get the property valued by our independent RICS appraisal service and browse more analyses on the ReaConsult blog.