Unpaid Rent in Morocco: Recovering Arrears and Evicting a Tenant

When a tenant stops paying, the landlord may not change the locks or cut off water or electricity: the landlord must serve a formal demand through a judicial officer, then go to court to obtain payment and, where appropriate, termination of the lease and eviction (law no. 67-12 on residential and professional leases). Only a judgment enforced by a judicial officer allows the landlord to recover the property.

What a landlord must not do

Change the locks or prevent access to the property.
Cut off water, electricity or other services.
Remove the tenant's belongings.
Threaten or harass the tenant: such conduct makes the landlord liable and may be criminally punished.

Step-by-step procedure

Step 1: gather the lease and a precise statement of unpaid rent.
Step 2: formal demand to pay, served by a judicial officer, with the time limit set by law.
Step 3: if there is no payment, a claim for the rent, by payment order or full claim.
Step 4: application for termination of the lease and eviction before the court of first instance.
Step 5: judgment, service and, if necessary, appeal.
Step 6: eviction carried out by a judicial officer, with police assistance if needed.

Payment and eviction: two separate claims

Recovering rent and recovering the property are two separate objectives. A title for the rent can be obtained quickly, while eviction requires the court to end the lease.

Where the occupant has no title at all (for example after the lease has ended, or in a case of occupation without right or title), urgent interim proceedings may, depending on the circumstances, allow faster action.

Documents to prepare

Written lease and any amendments.
Title deed or document proving your capacity as landlord.
Statement of unpaid rent and proof of earlier payments.
Formal demand and the judicial officer's record of service.
Correspondence with the tenant (messages, letters).

Timing and costs

Timing depends mainly on serving the tenant, on any challenge and on enforcement. Acting at the first missed payments limits the debt that builds up.

Costs include court fees, the judicial officer's fees and lawyer's fees freely agreed. The judgment may order the tenant to bear part of the costs.

Common mistakes

Letting without a written lease, which makes the agreed rent harder to prove.
Sending an ordinary letter or message instead of a formal demand served by a judicial officer.
Letting many months of arrears build up before acting.
Accepting part payments without a receipt or statement.

Frequently asked questions

Can a tenant be evicted in Morocco without going to court?

No. Only a court decision enforced by a judicial officer allows eviction. Changing the locks or cutting off services exposes the landlord to prosecution.

How long does an eviction take?

There is no fixed duration: it depends on service, on any challenge or appeal, and on enforcement. A complete file from the start reduces delays.

Does the deposit cover unpaid rent?

It secures the tenant's obligations and can be set against sums due at the end of the lease. It does not remove the need to bring proceedings for the rest of the debt.

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