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Moroccan real estate laws updated 2021

Moroccan laws relating to real estate assets and functions were updated in 2016. These new laws have, among other things, put in place the provisions concerning the advertisement of offers in newspapers, the protection of the tenant, the special clauses of the lease and the prohibition for the landlord to seize the rent, under certain conditions. The new rules on rental contracts have also been introduced, in particular concerning the modalities that govern the vacancy of housing after termination of the contract, the redistribution of premises and special rights.

New rules on leases

One of the new provisions introduced by the new Moroccan laws on housing is the rule on the notice period for vacant housing.

Before this change, a landlord could terminate a rental agreement at any time, which allowed the tenant to vacate the premises as they pleased without having to give notice.

Article 47 paragraph 3 stipulates that the lease can be terminated "at the expiration of a period of six months", ie after a period of six months firm.

This provision was introduced in order to encourage owners to favor enduring attributes and reduce economic instability due to the changes that all too often occur due to the lack of legal stability associated with the hard

Provisions relating to the advertisement of offers in newspapers

The public establishments for statistics and economic studies (EPSE) published an advertisement relating to real estate for sale or for rent in the newspapers. The owner of the property must therefore pay the cost of the advertisement for the property to be put up for sale. He must also provide a certificate attesting to the existence of the commercial lease or, failing that, that the property is free of all charges.

Protection of the tenant

The tenant has a right to protection. It is privileged if the owner decides to carry out work during the period of the lease. Indeed, he will not be able to seize the rent of the tenant, unless the latter agrees or the work carried out is not urgent and necessary.

The special clauses of the lease agreements and the prohibition for the landlord to seize the rent, under certain conditions

The law provides that special clauses in lease agreements must be brought to the attention of the lessee and consented to by the latter.

These clauses have been defined as "any provision which is not present in the lease or which does not derive from it, but which is necessary for its proper application" and includes in particular the clauses relating to security measures.

The tenant can therefore refuse a special clause of the lease if it appears abusive or contrary to his right.

In the event of non-performance by one of the parties of a special clause of the lease, it is possible for the other party to claim compensation proportionate to the loss suffered without this compensation being able to exceed three years of rent due on the day of the request. .

Conclusion

The government is not likely to change the status quo when it comes to housing in Morocco anytime soon.