What is the consolation gift (Mout'â) in Moroccan family law?

A consolation gift is a sum of money awarded by a judge to a divorced woman. It aims to compensate her for the material and psychological harm she suffers as a result of the husband's dissolution of the marriage. It falls under the financial rights of a divorced wife as stipulated in Article 84 of the Family Code.

Is the wife entitled to a consolation gift in all cases of divorce?

No. The fundamental rule is that the gift of consolation is due in the event of a divorce or repudiation initiated at the husband's request. If it is the wife who requests the dissolution of the marital relationship, she is not entitled to it.

What if the wife requests a divorce due to discord (Chiqqaq)? Is she entitled to a consolation gift?

According to the established case law of the Court of Cassation, a wife who files for divorce on the grounds of discord is not entitled to a consolation gift, as she is the one who "chose the separation." The Court has confirmed this principle in several rulings, including ruling no. 284 of May 17, 2022, and ruling no. 135 of March 1, 2022. Instead of a consolation gift, the wife may claim compensation if she proves that her husband is the cause of the discord and that she has suffered harm as a result, in accordance with Article 97 of the Family Code.

How does the court determine the amount of the consolation gift?

The court has discretionary power to determine the amount, but it is required to base its decision exclusively on four essential criteria set forth in Article 84 of the Family Code: 1. The duration of the marriage: The longer the marriage, the higher the amount. 2. The spouse's financial situation: Their income, assets, and financial obligations. 3. The grounds for divorce: The circumstances that led to the breakdown of the marriage. 4. The degree of abuse by the spouse in the divorce proceedings: If the husband acted abusively, the amount will be higher.

Do the wife's income or financial situation influence the assessment of the consolation gift?

No. The criteria in Article 84 do not include the wife's financial situation. In its judgment No. 56 of February 1, 2022, the Court of Cassation clarified that considering the wife as "a minor" or "living in an urban area" does not fall within the legal criteria for assessing the consolation gift, thus emphasizing the need to adhere strictly to elements relating to the husband, the duration of the marriage, and the grounds for divorce.

What forms of evidence can be used in court?

The parties may use all available means of evidence to support their claims, whether concerning financial circumstances or the grounds for divorce. These means include: salary certificates or bank statements, property titles or deeds, witness statements, official reports and records, and declarations made by the parties in court.

Can the husband claim compensation from the wife?

Yes. In divorce proceedings initiated by the wife due to discord, if the husband proves that she is the cause of the separation and that he has suffered harm as a result, he can claim financial compensation from her. This is based on the principle of "taking into account the responsibility of each spouse in the cause of the separation," as stipulated in Article 97.

Moroccan Real Estate Law, Civil Law

The Rental Contract in Morocco: Exhaustive Legal Guide for Landlords and Tenants (Laws 67-12 and 49-16)

September 11, 2025

The lease agreement is an essential document that defines the obligations and rights of landlords and tenants in Morocco, ensuring a secure and fair transaction. Understanding the legal aspects of renting is crucial to avoiding disputes.

The rental sector is a pillar of social and economic life in Morocco. To structure these contractual relationships and guarantee a balance of rights, the legislator has put in place a modern legal framework.

The key points to remember are:

Comprendre les obligations des bailleurs et des locataires.
Know the laws governing the rental agreement.
The importance of drafting a clear and detailed contract.
Role of the real estate law in dispute resolution.
Advantages of a well-established lease agreement.

Part 1: The Legal Framework and Foundations of the Contract

The Law Moroccan real estate is governed by a set of legislative and regulatory texts.

1.1. The Fundamental Laws

Two fundamental legal texts govern tenancy law:

Law No. 67-12: This concerns premises used for residential or professional purposes. It forms the legal basis of the relationship between landlords and tenants and deals with rent, rental charges, and repairs.
Law No. 49-16: Applies to commercial, industrial or craft leases.

The frame legal is completed through dahirs, implementing decrees, and Moroccan jurisprudence which sheds light on the grey areas of rental law.

1.2. The Imperative of a Written Contract and the Condition Report

Modern legislation has put an end to verbal agreements, imposing written formalization for the legal security of the parties.

The Requirement of a Written Document with a Certain Date

L’Article 3 of Law No. 67-12 requires that all rental contracts be drawn up by a "Written on a specific date"A verbal agreement has no probative value in court, making it difficult to prove the terms in case of a dispute.

A compliant contract must contain:

The complete identification of the parts Names, surnames, CINE numbers, professions and addresses of the landlord and tenant.
A precise description of the rented property Exact address, layout (number of rooms), outbuildings (cellar, garage) and private equipment available.
The destination of the property : Specification of use (residential, professional, or commercial).
The financial conditions Rent amount and frequency, amount of rental charges and payment terms.
The duration of the contract and the termination conditions.

The Security Deposit (Caution)

The deposit is intended to cover any unpaid amounts or damages.

Legal amount: Article 20 of Law 67-12 specifies that the amount of the deposit cannot exceed two months' rent.
Restitution : It must be returned in a maximum period of one month after the premises have been handed over.
Guarantee : The best guarantee for the tenant is the move-out inspection report, compared to the move-in inspection report. The tenant must also be up-to-date with all their payments.

The Current Situation

L’Article 7 of Law 67-12 requires the establishment of a "Inventory" (descriptive) This document, attached to the contract, is essential for the tenant's entry and exit.

Role : It allows the tenant to prove that the damage existing upon their arrival is not attributable to them.
Absence : In the absence of an inventory of fixtures, Article 8 establishes a presumption: The tenant is presumed to have received the property "in good condition for use"..

Practical note: Given the complexity of rental disputes (eviction, unpaid rent), It is strongly recommended to seek the assistance of legal professionals.Le Cabinet de Me Amal Anouide assists its clients in legal proceedings related to Real Estate Law.

Part 2: Residential or Commercial Lease (Law No. 67-12)

This law governs residential rentals, which are subject to rules protecting the tenant (safety and hygiene), as well as rentals for professional use.

2.1. Landlord's (Owner's) Obligations

The owner must be aware of their legal responsibilities.

Obligations	Rights
Delivery and Maintenance (Articles 5 and 10) The landlord must provide decent housing and carry out all major repairs (structural, roofing, humidity) necessary to maintain it in good condition.	Right of visit and inspection The owner has the right to visit the property to check its condition, but must respect peaceful enjoyment and generally give reasonable notice.
Guarantee of peaceful enjoyment (Article 9) : To guarantee the tenant against disturbances arising from his actions or those of third parties.	Rent review : May adjust the rent under certain conditions.
Compliance with legal standards.	Legal guarantees May exercise legal guarantees (e.g., security deposit).

Action in case of landlord default: If the landlord refuses to carry out major repairs (water leak, major electrical problem), the tenant must send a formal notice. If the landlord does not comply, the tenant can apply to the presiding judge for an expedited hearing to be authorized to carry out the work themselves and deduct the cost from future rent payments upon presentation of the invoices.

2.2. Tenant's Obligations

The tenant plays a crucial role in maintaining the property and respecting the terms of the contract.

Payment of rent and charges (Article 12) Main obligation. The tenant is responsible for paying condominium fees and other charges on the agreed due dates.
Use and Maintenance (Articles 14 and 19) The tenant must use the property "reasonably". They are responsible for routine maintenance and minor repairs (seals, switches, small repairs).
Subletting and assignment (Article 39) For a residential property, Subletting or assigning the lease is prohibited without the express written consent of the landlord.Unauthorized subletting (including via online platforms) is a serious breach justifying termination and eviction of the primary tenant.

2.3. Rent Review

The law strictly regulates the revision to prevent arbitrary increases.

Frequency: The revision can only take place after three years from the date of the contract or the last revision (Article 32).
Ceilings (Article 34): The increase is capped at 8% for residential premises and 10% for business premises.
Exception (Article 35) : For rents below 400 dirhams per month, the judge may deviate from the ceiling, but without exceeding a 50% increase.
Procedure : The rent review is not automatic. The landlord must notify the tenant of their intention. If the tenant refuses, the landlord must take legal action to have the new rent set by a judge.

Part 3: The Commercial, Industrial or Craft Lease (Law No. 49-16)

This law primarily aims to protect the business assets of the tenant, considered as an economic value.

3.1. Right to Renewal and Eviction Compensation

Right to Renewal: After two consecutive years of operating the business, the tenant acquires a near-automatic right to renew their lease (Article 4).
Eviction compensation: If the landlord refuses to renew the lease without a serious reason recognized by law, they must pay the tenant... "Eviction compensation" (Article 7)This compensation is crucial and must cover the entirety of the damages, including:
- The market value of the business.
- Moving and relocation expenses.
- The possible severance pay staff.

3.2. Exceptions to the Eviction Compensation (Article 8)

The landlord is exempt from paying compensation in a limited number of cases, including:

Failure to pay rent after a formal notice.
The operation of an activity different from that stipulated in the contract.
The need to demolish a building that is threatening to collapse.
Carrying out extension work, provided that equivalent premises are offered to the tenant.

3.3. Assignment of the Lease

Unlike a residential lease, the right to Transferring one's lease to the buyer of one's business is a fundamental freedom for the merchant, and any contrary clause is deemed null and void.

Part 4: Termination, Renewal and Eviction Procedures

Understanding these procedures is essential for both landlords and tenants.

4.1. Termination of Contract (Law 67-12)

Contract Status	Action Required	Notice Period
Termination by the landlord	Written notification, justification by legitimate reason	A minimum of 2 months (or 3 months according to some sources)
Termination by the tenant	Written notification	2 months
Tacit renewal	No action is taken. This occurs if neither party expresses an intention to terminate or modify the terms of the contract.	Non applicable

Legitimate grounds for termination by the landlord: Repossession for personal use, demolition, or failure by the tenant to fulfill their obligations (non-payment, violation of contractual clauses).

4.2. Eviction Procedure for Non-Payment

Eviction is subject to strict rules designed to protect the right to housing. Landlords cannot evict tenants immediately in cases of non-payment of rent.

Steps	Description	Indicative Duration
Formal Notice	A notice was sent by a bailiff, granting the tenant a period of time to settle his debt.	At least 15 days
Legal proceedings	If payment is not received, the matter will be referred to the summary proceedings judge to validate the notice period and obtain an eviction order.	2-6 months
Execution of the eviction	Implementation of the court decision by the authorities	1-2 months

4.3. Consequences of the Sale of the Property

The sale of a rented property is not a reason for terminating the contractThe lease agreement continues with the new purchaser, who becomes the new lessor and is required to comply with all the original clauses ("the lease follows the thing").

Part 5: Tax Aspects and Digitalization

5.1. Applicable Taxation

Real estate rental is governed by a tax framework that requires special attention.

Rental Income Tax: Rental income is subject to income tax (IR). Landlords must declare this annual income.
Property Tax and Municipal Services Tax:
- Property Tax: Generally the responsibility of the tenant (Annual tax on the occupancy of a dwelling).
- Municipal Services Tax: May be the responsibility of the owner or tenant (Municipal services tax).
Reporting Obligations: Landlords are subject to penalties for non-compliance in the declaration of their rental income.

5.2. Digitalization and Electronic Contracts

Morocco is undergoing a transformation thanks to digitalization.

Legal Validity: Electronic contracts are increasingly recognized, provided that certain formalities are respected, including the use of secure electronic signatures.
Management Platforms: Platforms facilitate contract drafting, payment management, and communication.
Data Protection: It is crucial to comply with Moroccan legislation on the protection of personal data, ensuring the confidentiality and security of the parties' information.

Frequently Asked Questions (FAQ)

Is a verbal rental agreement valid?

Non. Article 3 of laws 67-12 and 49-16 mandates a written contract. A verbal agreement has no probative value in court.

How is the security deposit regulated?

The legally mandated amount cannot exceed two months' rent. The landlord is required to return it within a maximum of one month if no damage is found.

How to resolve conflicts and disputes?

Rental disputes are handled by the courts of first instance. mediation is a possible alternative. For these disputes (eviction, unpaid rent), the firm of Me Amal Anouide offers its expertise in Real Estate Law..

What happens if the landlord refuses major repairs?

The tenant must issue a formal notice. If the landlord does not comply, the tenant can apply to the president of the court for an interim order authorizing the work to be carried out and the costs to be deducted from future rent payments.

What are the essential elements of a valid contract?

The identification of the parties, the precise description of the property, the duration, the financial conditions, and the mandatory clauses according to law 67-12.

Does the sale of the property terminate the lease?

Non. The contract continues with the new buyer, who is required to respect the terms of the original lease.

What is the fundamental difference between a commercial lease and a residential lease?

Residential leases (Article 67-12) protect the right to housing. Commercial leases (Article 49-16) protect the business assets and grant a right to renewal and compensation for eviction.

I am a Moroccan living abroad (MRE) or a foreigner, can I get assistance?

Yes. Attorney Amal Anouide provides comprehensive legal assistance to foreign nationals (visitors, students, investors) to secure their projects and their stay. The firm offers remote support for Moroccans residing abroad (MREs), particularly regarding the management of their real estate assets. Morocco.