The real estate lease contract in Morocco : a key legal framework

In the realm of Moroccan real estate, renting a property is governed by a central document: the lease contract. This article delves into this essential document in detail, highlighting its crucial role for both tenants and landlords.

Definition of lease contract :

This contract is essential to formalize the relationship between tenant and landlord. It details the responsibilities and rights of each party, offering protection and clarity.

Key components of an effective lease contract

A comprehensive and accurate lease contract is key to ensuring a secure and legally sound rental relationship. This document must be clear and comprehensive, covering all necessary aspects for a transparent agreement between lessor and lessee.

Required information in the lease contract

1 . Identification of parties :

• Full names of the lessor and lessee.
• Residential addresses, identity numbers (national ID or passport).
• Details of any agent involved.
• For corporate entities: commercial register number, address of the head office, and representative information.

2 . Details of the real estate property :

• Exact address, including floor and apartment number.
• Detailed description of the property and its annexes (e.g., garage, storage box).
• Mention of the land title.

3 . Duration of the lease :

• The validity period of the contract.

4 . Use of the property :

• Specification of the use (residential, professional, commercial, etc.).

5 . Financial conditions :

• Amount of rent and charges, expressed in numbers and letters.
• Payment periodicity.

6 . Payment modalities :

• Method of settling rent and charges.

7 . Allocation of expenses :

• Clarification of expenses borne by the tenant.

8 . Rights and obligations of the parties :

• Enumeration of each party's responsibilities.

9 . Security deposit :

• Amount not exceeding the equivalent of two months' rent.
• Conditions for refund at the end of the lease.

10 . Date of signature :

• Confirmation of the agreement between the parties.

Mandatory annex documents

The contract must be completed with additional documents like the condition report and property certificate, essential for validating the lease conditions.

Landlord's responsibilities in a lease contract

The landlord's duties in a rental contract are multiple and essential to ensure a compliant and pleasant rental.

1 . Provision of the real estate property :

• The landlord must make the property, including its annexes and equipment, available to the tenant.

2 . Conditions of property delivery :

• The residential property must be handed over in good condition, meeting safety and hygiene standards.
• If necessary works are required to reach this state, an agreement can be found for the tenant to carry them out, with an arrangement on deducting the incurred costs.

3 . Property condition report :

• A condition report must be conducted before handing over the keys.
• Without this document, the tenant is presumed to have received the property in good condition.

4 . Maintenance and repairs :

• The landlord must ensure that the property remains habitable and in accordance with the use defined in the lease, including major repairs (like water leaks, electrical issues).
• Minor repairs and regular maintenance are the responsibility of the tenant.

5 . Issuance of payment receipts :

• The landlord must provide the tenant with signed receipts for every payment made, distinguishing rent from additional charges.

Tenant's duties in a lease agreement

The tenant has several essential obligations to maintain a good rental relationship and respect the lease contract.

1 . Payment of rent and other charges :

• The tenant's primary responsibility is to pay the rent and all other sums agreed in the contract.

2 . Settlement of utility charges :

• The tenant must pay the water and electricity bills throughout the rental period.

3 . Proper use of the premises :

• The tenant must use the rented property in accordance with its intended use in the contract, in a peaceful manner.

4 . Regular maintenance of the housing :

• The tenant is responsible for regular maintenance, including minor repairs like those of doors, windows, glass, paint, and sanitary installations.

5 . Personal occupation and respect for the purpose of the property :

• The property must be occupied by the tenant themselves, without subletting or lease transfer.
• It is forbidden to use the housing for professional purposes if it is intended for residential use.

6 . Restrictions on property modifications :

• The tenant has the right to make non-structural modifications (such as painting, installing security grilles, etc.).
• Any major transformation requires prior written agreement from the landlord.

Rent reviews and challenges

Rent adjustment is possible every three years, with an increase of up to 8% for residential properties and 10% for commercial or professional spaces.

FAQs on the lease contract in Morocco

The duration of the lease contract is not fixed by law, and modalities in case of non-payment of rent or necessary repairs are specified. The landlord's right to visit is also established, as well as the remedies in case of non-compliance with obligations by a party. Here's an overview of frequently raised questions:

Agenz - Data

11 Dec 2023