A Tenant Who Stops Paying: How to Recover Your Rent and Your Property

For many owners, a flat let in Agadir, Inezgane or Ait Melloul is an essential extra income, sometimes a pension. When the tenant stops paying, it is tempting to sort the problem out yourself. That is the worst option. Moroccan law offers an effective procedure, provided you follow it rigorously. Here is how to recover your rent and, if necessary, your property.

The framework: Law 67-12

Leases of residential and professional premises are governed by Law 67-12. Commercial premises fall under a different law: see commercial leases and Law 49-16. Law 67-12 requires in particular:

• a written lease setting out the rent, the payment date, the term and how charges are shared;
• an inventory of condition at move-in and move-out;
• a security deposit capped by law;
• a receipt for every payment.

An oral lease is still possible in practice, but it makes proof harder and weakens your position. If your lease is not in writing, put it in writing as soon as possible.

Step 1: formal notice

As soon as there is a significant delay, send the tenant a written formal notice, preferably served by a judicial officer (bailiff), giving a deadline to pay. This step is essential: it starts the legal time limits running and determines what follows. A vague or improperly served notice can cost months.

Step 2: recovering the rent

Several routes are available to obtain payment:

• a payment order, which is quick, when the rent owed is established by the lease and not seriously disputed;
• a claim for payment before the court, often combined with the eviction claim;
• a protective attachment of the tenant’s assets or wages, under certain conditions.

For debt recovery techniques in general, see how to recover a debt in Morocco.

Step 3: eviction for non-payment

The law allows a landlord to seek the eviction of a tenant who has failed to pay several months’ rent and does not put things right within the period set by the formal notice. The competent Court of First Instance (for example in Inezgane or Agadir) examines the claim and, if the conditions are met, orders eviction and payment of the arrears.

The judgment is then enforced by the court’s enforcement department, with a judicial officer and, if necessary, the police.

What you must never do

Some exasperated landlords cut off the water or electricity, change the locks, remove the tenant’s belongings or intimidate them. These practices are unlawful: they expose the landlord to prosecution, sometimes criminal, and to damages, and can wreck proceedings that were otherwise well under way. Even with a tenant acting in bad faith, only the courts truly protect the owner.

Other grounds for recovering the property

Apart from arrears, the law allows the landlord to recover the property in certain cases: to live in it or house a close relative, to demolish and rebuild, or to carry out major works. These grounds are subject to strict conditions (notice, compensation in some cases) that must be followed to the letter.

The tenant’s rights

Tenants have rights too: quiet enjoyment of the home, repairs that are the owner’s responsibility, the right to challenge a rent increase that does not respect the legal review framework, and time to pay in some situations. A tenant in genuine difficulty is well advised to propose a written payment plan quickly.

Preventing arrears

1. Check the tenant’s solvency (proof of income, guarantor).
2. Draft a complete lease and a detailed inventory.
3. Require payment by bank transfer, and issue receipts.
4. Act at the first missed payment: the longer you wait, the larger the debt.

A lawyer for landlords and tenants

The office of Maître Said Laachili assists landlords and tenants in Agadir, Inezgane and Ait Melloul: drafting leases, formal notices, rent recovery, eviction proceedings and defending tenants, as part of its real estate law practice. Do you own property from abroad? Read our guide for Moroccans abroad. And for a buy-to-let investment, see buying property in Agadir, or for property received through inheritance.

Unpaid rent? Contact the office to start proceedings.