Whether you are a landlord leasing out an apartment or a tenant searching for a home in Casablanca, Rabat, or Marrakech, executing a formal **residential lease agreement** is mandatory. In Morocco, residential tenancies are governed by **Law No. 67-12**, which delineates tenant rights and landlord obligations to prevent payment or eviction disputes.
1. Mandatory Lease Contract Clauses
To carry full legal weight, the tenancy agreement must be drafted in writing and legally notarized (**signature legalization**) at the municipal office. The contract must state:
- Full legal identities and CNIE/passport numbers of landlord and tenant.
- Detailed property address and description.
- Agreed monthly rental amount and payment due date.
- Security deposit amount.
- Lease duration (typically 1 renewable year).
2. Security Deposit Regulations
Law 67-12 caps the security deposit at a **maximum of 2 months' rent**. The landlord retains this sum throughout the lease to cover potential property damage or unpaid utility bills.
- Refund Timeline: Landlords are legally required to refund the deposit within **1 to 2 months** post key handover, minus itemized repair costs.
- Inventory Assessment (État des lieux): Conducting a signed incoming and outgoing inventory checklist prevents departure deposit disputes.
3. Statutory Rent Increases
Landlords cannot unilaterally raise rent during an active lease. Strict statutory limits apply:
- Rent increases can only occur after **3 consecutive years** of occupation.
- The maximum statutory rent increase is capped at **8%** for residential properties.
4. Lease Termination and Eviction Rules
Tenants wishing to vacate must provide written notice (typically 1 to 2 months). Landlords can only seek eviction through judicial channels under statutory grounds (non-payment of rent, repossession for personal primary residence or immediate family, or structural demolition/renovation).
If buying rental investments, evaluate yields in our rental investment guide for Morocco.
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