Rental lease with keys

Although it modifies greatly the relations between landlords and tenants, the law 67-12 on rental leases for residential or professional use was only published in Arabic in the Official Bulletin.

Here is an unofficial, but nevertheless correct and exhaustive translation, with our comments!

CHAPTER I: SCOPE OF APPLICATION

Article 1

The provisions of this law are applicable to leases of premises for residential or professional use, furnished or unfurnished, whose rental period exceeds thirty days, as well as their outbuildings such as basements, garages, terraces, courtyards and gardens, and which are not governed by a specific legislation.

Short-term rentals are governed by law n°80-14 relating to tourist accommodation of August 2015 and therefore do not constitute land income.

CHAPTER II: LEASE CONTRACT

Article 2

The conditions and obligations of the leases of the premises referred to in Article 1 above shall be defined by agreement between the parties, subject to compliance with the provisions of this law.

Article 3

The lease contract shall be drawn up by a written document with a definite date and shall specifically mention

  • The full names of the lessor and the lessee, the profession, the address, the document attesting to the identity and all information relating to the agent, if any;
  • The full [poison]name[/poison] and registered office and, if necessary, all information relating to the legal representative if the lessor or lessee is a legal person;
  • The designation of the rented premises and their dependencies, the destination and the equipment intended for the tenant’s personal use;
  • The amount of rent agreed upon and the due date for payment;
  • The nature of the rental charges to be paid by the tenant;
  • The agreed method of payment of rent and service charges;
  • The specific obligations of each party.
If the condominium charges or the municipal tax (10% of the rent in the city) are not mentioned in the lease, the landlord cannot ask you to pay them!

Article 4

In the event of transfer of ownership of the premises intended for rental, the lease contract shall remain in force for the benefit of the tenant under the same conditions as provided in the lease contract. The lessee shall be informed of the transfer of ownership in the manner provided in Articles 37, 38 and 39 of the Code of Civil Procedure.

CHAPTER III: DUTIES OF THE LESSOR AND THE LESSEE

SECTION 1: DUTIES OF THE LESSOR

Article 5

The lessor shall be bound to hand over to the lessee the premises and its appurtenances, as well as the equipment mentioned in the lease agreement. The living quarters shall meet the necessary requirements as to the constituent parts, ventilation, kitchen, toilet, water and electricity.

In other words, one cannot theoretically rent out unhealthy accommodation. However, the “necessary characteristics” are not specified in more detail
.

Article 6

In the event that the premises do not meet the characteristics provided for in Article 5 above, the parties may, before taking delivery of the rented premises and drawing up the inventory of fixtures provided for in Article 7 below, agree in writing on the work that the tenant may undertake and on the method of deducting the expenses incurred from the amount of the rent; this agreement may be dated and signed by the parties to the contract and their signatures authenticated by the authorities concerned.

The agreement shall specify, inter alia, the amount of the expenses, the method of deducting them from the rent, the duration of the deduction and the method of compensating the tenant in the event of vacating the premises before the expiry date of the lease upon presentation of proof of the expenses incurred.

If you undertake work yourself which is the responsibility of the landlord, you must warn him and inform him of the amount of the expenses, if the landlord refuses, then go before the judge.

Article 7

The co-contracting parties must draw up an inventory of the rented premises at the time of handing over the premises and when they are returned. This inventory of fixtures shall be annexed to the contract.

Article 8

The inventory of fixtures must be drawn up in writing on a specific date and include a detailed and precise description of the premises, avoiding the use of formulas such as “in excellent condition” or “average condition”. In the absence of an inventory of fixtures, the tenant, by simply signing the lease agreement, is deemed to have received the premises in good condition.

The inventory of fixtures, often neglected, is essential. When you visit the flat, take photos and a video.

Beware of lease contracts signed while the landlord is doing renovations: specify in the contract that an inventory of fixtures will be done when you move in.

Article 9

The lessor shall guarantee the lessee the handing over of the rented premises, ensure the full and peaceful enjoyment of the premises, and guarantee the lessee against any defects of such a nature as to impede such enjoyment, except those defined in the inventory of fixtures or which are the subject of the express agreement provided for in Article 6 above.

Except that the lessor only guarantees against defects caused by him or by persons under his responsibility and is not liable for defects caused by third parties. Likewise, the Lessor shall not be liable for defects in the leased premises known to the lessee unless they are included in the inventory referred to in Article 7 above.

The important word is “known“. If you discover defects after you move in that you could not detect during the inspection, the landlord must repair them.

Article 10

The lessor shall maintain the premises in such a way as to enable them to be used as provided for in the contract and shall make all necessary repairs for their preservation and maintenance.

If the lessor has been notified through the legal channels to carry out the necessary repairs and has not done so within one month, the lessee may obtain an order from the territorially competent court of first instance fixing the amount of the necessary repairs and authorising the lessor to carry them out and to deduct them from the rent. The lessor may not object to repairs carried out by the lessee as long as they do not entail a change in the nature of the leased premises.

Article 11

The lessor shall be obliged to give the lessee a receipt signed by him or by his agent giving details of the sums paid by the lessee, distinguishing the amount of the rent and the related charges. In addition to the receipt mentioned in the previous paragraph, the payment of the rent may be established if it takes place according to the method agreed in the contract, indicating the amount of the rent and the rental charges in their entirety.

SECTION II: OBLIGATIONS OF THE TENANT

Article 12

The tenant undertakes to pay the rent on the agreed terms as well as, where applicable, all the rental charges that he/she bears under the terms of the contract in accordance with the regulations in force.

Included in the calculation of the rental charges are the sums linked to the rent in return for the services relating to the use of the various parts of the rented premises.

Article 13

Upon expiry or termination of the lease, the tenant shall be required to return the leased premises to the lessor in accordance with the provisions of Chapters 7 and 8 of this Law.

If the lessee continues to occupy the premises after that date, he shall be liable to pay an occupation allowance fixed by the court which shall not be less than twice the rent. He shall also be liable for the repair of any damage duly established to the premises and shall be considered as occupying without title the property of others.

Article 14

The lessee is required to preserve the rented premises and to use them in accordance with their contractual purpose. The lessee shall be liable for any damage or loss occurring in the premises through his own fault or error. Except that he shall not be liable for any damage or defects arising from :

  • ordinary and usual use ;
  • fortuitous events or force majeure;
  • dilapidation or defect in the building or by reason of repairs not being carried out within the lessor’s control where it is proved that he had notice thereof.
The landlord may not blame the tenant for the consequences of his failure to maintain the property, nor for the nails in the wall, etc.

Article 15

The Tenant may not make any alterations to the rented premises and equipment without the prior written consent of the Landlord.

In the absence of such agreement, the lessor may require the lessee, upon his departure, to restore the premises to their original condition or to retain for his own benefit the alterations made without the lessee being entitled to claim compensation for the costs incurred. The lessor may, however, require the immediate restoration of the premises at the expense of the lessee where the alterations made endanger the safety of the premises or the proper functioning of the equipment.

The “transformations” are not defined, but they are definitive modifications, for example, knocking down or installing a partition… on the other hand, the tenant can perfectly well repaint in different colours (and the painting, once he has entered the premises, is part of the maintenance for which he is responsible).

Article 16

Any action initiated by the lessor against the lessee in relation to the provisions of Article 15 above shall be barred after three months from the date of repossession of the leased premises.

Article 17

The lessee shall allow the lessor to carry out the work necessary to maintain and preserve the leased premises, as well as urgent repairs that cannot be deferred until the end of the rental relationship.

However, if these repairs cause the tenant to be deprived of all or part of the premises for more than three days, the tenant may terminate the lease or apply to the courts for a reduction in the rent in proportion to the period during which he has been deprived of the use of the premises. The lessee may undertake to carry out the work provided for in paragraph 1 above, at the expense of the lessor, within the time limits and under the conditions fixed by the parties in a deed of record.

Article 18

The lessee shall be bound to inform the lessor through the legal channels and as soon as possible of all facts requiring his intervention, failing which he shall be liable for damages.

Legal means: registered mail with acknowledgement of receipt, or hand-delivered mail with a copy signed by the landlord stating “received on” only
.

Article 19

Repairs are understood to mean routine maintenance work and simple repairs required by the normal use of the premises. These repairs concern in particular :

  • The external parts reserved for the private use of the Tenant such as doors, windows, glass, railings and locks;
  • Internal parts such as electrical equipment, tiling, painting, ironwork, curtains and windows;
  • Repair or replacement of taps and sanitary fittings in the rented premises.

Notwithstanding the provisions of Article 639 of the Dahir of 9 Ramadan 1331 (12 August 1913) on the Code of Obligations and Contracts, these repairs shall be carried out at the expense of the Lessee and shall only be binding on the Lessor if they are incumbent on him under the terms of the contract.

Normal use of properly maintained equipment. If your water heater does not operate properly six months after you move in because the landlord has not carried out regular maintenance on the heater, this is a hidden defect which could not be detected in the inventory of fixtures and which the landlord is responsible for repairing.

Article 20

The lessor may require the lessee to pay a deposit as a guarantee for the payment of unpaid rents and rental charges or as compensation for damage to the premises caused by the lessor.

The amount of this deposit may not exceed two months’ rent. The deposit shall be returned within one month of the date on which the Tenant hands over the keys to the premises, after deduction, where applicable, of any sums still owed to the Landlord or for which the Landlord may be liable in place of the Tenant, provided that they are duly established.

The parties may agree to reserve the amount of this guarantee to cover the rent for the last months of the tenancy.

Article 21

A tenant alleging a disturbance of enjoyment or a defect impeding such enjoyment may not, for this reason and under any circumstances, refrain from paying the rent in arrears. He may nevertheless apply to the court for the deduction of a part of the rent corresponding to the extent of the damage.

In any case, one shall not reduce the rent oneself
.

CHAPTER IV: PAYMENT OF RENT AND SERVICE CHARGES

Article 22

Notwithstanding any legal provisions applicable to the matter, the provisions of this chapter shall apply to claims for the recovery of rent for residential or business premises, if the rental relationship between the parties is duly established by a written deed of definite date or by a final judgement fixing the amount of rent.

Article 23

In case of total or partial non-payment of the sums due as set out in the notice of default, the lessor may apply to the President of the Court of First Instance for validation of the notice of default and the order to pay.

The request shall be accepted only if it is accompanied by one of the proofs mentioned in Article 22 above.

Article 24

Under penalty of inadmissibility, the formal notice must include

  • the full names of the parties as they appear on one of the documents mentioned in Article 22 above
  • The address of the lessor;
  • The address of the rented premises and, if necessary, the domicile or residence of the tenant;
  • The amount of rent and rental charges claimed;
  • The duration concerned;
  • The total amount of unpaid rent.

Article 25

The formal notice shall set a time limit which shall not be less than fifteen days from the date of its notification to the tenant for the payment of the unpaid sums either directly into the hands of the landlord or his agent in exchange for a receipt or by transfer to his bank account or by deposit in the court cashier’s office or by any other means establishing the payment and its date.

Article 26

In case of total or partial non-payment of the sums due as set out in the notice of default, the lessor may apply to the President of the Court of First Instance for the validation of the notice of default and the order to pay.

Article 27

The president of the court or his representative shall issue an order validating the formal notice with a summons to pay integrated with the same request, within forty-eight (48) hours from the date of registration of the request, on the basis of the notification report and the documents and proofs provided for in Article 22 et seq. This order shall be executed on the minute.

Therefore, from the moment the landlord officially manifests himself (via a bailiff), the tenant has 15 days + 48 hours to regularise his situation.

Article 28

The rejection of the validation request is not subject to any ordinary or extraordinary appeal and has no probative force.

Article 29

In case of rejection of the application, the lessor may claim payment of the rent and service charges in accordance with the general rules.

The lessor may, if the claim is accepted, bring the dispute before the court of first instance in accordance with the same rules.

The court may, exceptionally, order a stay of execution by a reasoned judgement on the basis of a specific independent application in the matter.

The tenant having payment difficulties may apply to the court for a delay in payment
.

Article 30

If it is established that the lessor who has recovered the sums due has pursued, in bad faith, the procedure of validation of the formal notice, the lessee shall have the right to claim compensation for damages ranging from the equivalent of two to six months’ rent and this without prejudice to criminal proceedings against the lessor, if any.

CHAPTER V: REVISION OF THE RENT

Article 31

The revision of the rent of the premises referred to in Article 1 of this law shall be subject to the provisions of this chapter. The lessor and the lessee may agree on the conditions for the revision of the rent, as well as on the rate of its increase or decrease.

Article 32

It shall not be agreed to increase the rent for a period of less than three years from the date of the conclusion of the lease or the date of the last judicial or contractual revision, nor shall it be agreed to increase the rent by more than the rates laid down in this Law.

Article 33

Where no agreement has been reached between the two parties on the conditions for the revision of the amount of the rent and the rate of its increase, the amount of the rent may be revised after each period of not less than three years from the date of the agreement on the amount of the rent, the date of its revision by mutual agreement or the date of the last revision fixed by the court, in accordance with the rates fixed in Article 34 below.

Article 34

The rate of increase of the rent shall be fixed as follows

  • 8% for residential premises
  • 10 % for premises used for professional purposes.

Article 35

By way of derogation to the two rates indicated in Article 34 above, it is up to the court to assess the rate of increase of the rent if its amount does not exceed four hundred dirhams per month without the rate of increase fixed by the court being higher than 50 %.

Article 36

In accordance with the provisions of Articles 660 and 661 of the Code of Obligations and Contracts, the tenant may request the reduction of the rent if circumstances arise which have repercussions on the use for which the premises have been rented.

Article 37

The amount of the new rent shall be applicable from the date on which the legal action was brought. If the lessor requests the revision of the rent by means of a formal notice addressed to the lessee, the new amount of rent shall apply as from the date of receipt by the lessee of such notice, provided that the lessor brings legal proceedings within three months from the date of receipt of the notice by the lessee.

If the lessor has brought his action for revision after the expiry of the three-month period referred to in paragraph 2 above, the provisions of paragraph 1 shall apply.

Article 38

The court of first instance shall have jurisdiction to hear disputes concerning the revision and recovery of the increase of the rent whether such increase is stipulated in the contract or provided for by the legislation in force relating to the premises referred to in Article 1 of this law.

The judgement pronouncing the increase of the rent shall be enforceable from the date fixed for the application of the increase.

An appeal may be lodged against the judgement in this matter within thirty days of the date of notification of the judgement.

In summary, rent increases are once every three years, not retroactive, 8% maximum for residential use, 10% for professional use or 200 dirhams for rents of less than 400 dirhams, and disputes are settled by the court.

CHAPTER VI: SUBLETTING AND TRANSFER OF LEASE

Article 39

Notwithstanding the provisions of Article 668 of the Dahir of 9 Ramadan 1331 (12 August 1913) forming the Code of Obligations and Contracts, any subletting or transfer of lease by the tenant of premises used for residential purposes shall be prohibited unless agreed in writing by the lessor by a deed with a date certain, and unless otherwise stipulated in the lease contract.

In case of subletting, the written agreement must mention the amount of the new rent as well as the rental charges if necessary and the other agreed subletting conditions. Occupation of the leased premises for more than three months shall be considered as a sublease or transfer of the lease in whole or in part.

Article 40

In the case of premises used for business purposes, the lessor may not object to the subletting or assignment of the lease if the sub-lessee or assignee undertakes to use the leased premises to carry on the same or a similar business activity as the original lessee carried on there, provided that this does not entail any alterations to the leased premises or additional charges for the lessor or any change in the nature of the lease.

To this end, the lessor shall be called by the lessee to participate in the contract in the manner provided for in Articles 37, 38 and 39 of the Code of Civil Procedure. The lessor shall notify the lessee of his intention to sublet the premises or to assign his lease.

Article 41

Any subletting or partial transfer of the lease shall be prohibited for premises used for business purposes unless the lessor gives his written consent by a deed of record containing all the information provided for in paragraph 2 of Article 39 above. Any partial subletting or partial transfer of the lease shall be null and void by operation of law.

Article 42

In case of subletting or assignment, where the amount of the rent is higher than that of the initial lease for the sublet or assigned part, the lessor shall be entitled to a corresponding increase in the initial rent.

If the subletting or assignment of the lease is effected without prior agreement on the revision of the rent, the lessor shall retain the right to the three-yearly revision of the rent provided for in Article 33 above.

Article 43

In case of illegal subletting or assignment, the sub-lessee or the assignee shall be considered as occupying the premises without right or title. The lessor may in such a case apply to the judge in summary proceedings to request the dismissal of the sub-lessee or assignee or the occupier.

The sublease or assignment contract as well as the initial rental contract are terminated by operation of law as soon as the notice is ordered.

In the event of substantial damage to the leased premises as a result of the subletting or assignment, the lessor shall be entitled to terminate the contract and to require the lessee to restore the premises to the condition in which they were before the subletting or assignment.

In summary, without the landlord’s written consent, subletting is prohibited for residential premises, possible for business premises only if it is total (one cannot sublet only a part) and for an activity similar to that described in the contract.

If the “sublet” is lower than the contractual rent, the landlord pockets the surplus

.

Tourist subletting, such as AirBnB, is therefore totally prohibited and is grounds for eviction.

CHAPTER VII: TERMINATION OF THE LEASE

Article 44

Notwithstanding any condition or legal provision to the contrary, rental contracts for the premises referred to in Article 1 above shall only be terminated by a notice given, validated under the conditions laid down in this chapter.

Article 45

The lessor who wishes to terminate the lease contract shall notify the lessee of a notice based on serious and legitimate reasons such as

  • The repossession of the rented premises to house himself or his spouse, his direct ascendants or descendants in the first degree or possible beneficiaries of the compulsory legacy, under the terms of article 369 and following of the family code, or the foster child provided for by the law relating to the taking in charge (kafala) of abandoned children promulgated by dahir n° 172.02.1 of 1st rabia II 1423 (13 June 2002).
  • The need to demolish the rented premises in order to rebuild it or carry out major repairs requiring it to be vacated.
  • Delays in the payment of rent.

Article 46

The notice of termination must, on pain of nullity:

  • contain an indication of the reasons invoked by the lessor
  • It shall cover the whole of the rented premises with all their outbuildings;
  • Include a notice period of at least two months ; the notice shall be notified in the manner provided for by Articles 37, 38 and 39 of the Code of Civil Procedure.

The date of notification of the notice shall constitute the starting point of the two-month period.

Article 47

If the tenant refuses the notice, either expressly or tacitly by remaining in the premises after the expiry of the period of notice, the lessor may refer the matter to the court to pronounce the validity of the notice and the eviction of the tenant or the occupant on his behalf.

Article 48

The court may validate the notice of termination only on the grounds provided for in Article 45 above.

Article 49

The request for validation of the notice of termination provided for in paragraph 1 of Article 45 above shall be admissible only on the following conditions

  • the premises subject to the notice of termination have been owned by the lessor for at least eighteen months prior to the date of the notice of termination, except that the heir, legatee and foster child of the former owner shall be entitled to a credit for the period during which the premises were owned by the latter.
  • That the lessor or his spouse or his direct ascendants or descendants in the first degree.

These two conditions do not apply when the lessor offers to rehouse the tenant in premises of equal importance, with the same characteristics for the same rent.

The premises may not be declared abandoned if the tenant continues to fulfil his obligations towards the lessor.

Article 50

Validation of the notice of termination shall be automatic where demolition or major repairs are deemed necessary and require the tenant to vacate the premises.

Demolition or alterations are necessary when the situation of the building requires it due to lack of hygiene or safety conditions or if the lessor wishes to build a new construction in place of the demolished building or in the case of the occurrence of new elements by virtue of town planning documents authorising the addition of supplementary constructions capable of enhancing the value of the building.

The tenant shall have priority to re-enter the premises after repair or reconstruction, provided that, under penalty of forfeiture, he makes use of this right within two months of the notice given by the landlord in accordance with the following paragraph.

The lessor shall notify the lessee within fifteen days from the date of receipt of the building permit or certificate of conformity, as the case may be, by one of the methods provided for in Articles 37, 38 and 39 of the Code of Civil Procedure.

The tenant may apply to the court to set a time limit for the landlord to execute the reason for the notice.

The expenses incurred for the premises and the capital invested shall be taken into account in determining the new rent and rental charges.

Article 51

In case of validation of the notice, the lessor shall pay to the evicted tenant, in addition to his justified removal expenses, an indemnity representing one year’s rent at the last rate paid by the tenant.

Article 52

If the eviction from the premises, either involuntarily following the notice of termination or following a decision to validate it, has taken place on an incorrect ground or on a ground not executed by the lessor, the lessee may claim from the lessor an indemnity equal to the value of the prejudice suffered as a result of it, which may not be less than one year’s rent.

Article 53

In the event of the death of the tenant, the contract shall continue:

  • For premises used for residential purposes, in favour of his spouse or his descendants or direct ascendants of the first degree or the beneficiaries of a compulsory legacy or the foster child (makful) who were legally dependent on him and were effectively living with him at the date of his death;
  • For premises for professional use, for the benefit of the persons referred to in the first paragraph;

The persons referred to in the above paragraph shall benefit from the right to sublet or transfer the lease in accordance with the conditions provided for in Chapter six above.

Article 54

In case of divorce of the spouses, the lease shall be renewed in favour of the mother having custody of the children under the same contractual conditions binding her spouse to the lessor.

In summary, the cases in which the landlord may terminate the lease contract are limited to :

  • the repossession of the premises for himself or a relative
  • necessary works
  • non-payment of rent

In the first two cases, the landlord must compensate the tenant by paying for his removal at actual cost, plus one year’s rent. If the landlord has lied, the tenant is also entitled to an additional year’s rent.

CHAPTER VIII: TERMINATION OF THE TENANCY AGREEMENT

Article 55

The contract shall be terminated by operation of law upon the death of the tenant, subject to compliance with the provisions of Article 53 above.

Any person found in the rented premises other than those provided for in Article 53 shall be considered as an occupier without right or title; in such a case, the lessor may refer the matter to the summary proceedings judge to order the eviction of the occupier and/or the occupant on his behalf.

Article 56

The lessor may apply to the court for the termination of the contract and the eviction of the lessee and the occupant without notice in the following cases:

  • use of the leased premises and equipment for a purpose other than that for which they were intended ;
  • introduction of modifications to the leased premises without the agreement or authorisation of the lessor;
  • neglect of the leased premises resulting in significant damage;
  • failure to pay the rent on time despite a formal notice to pay;
  • use by the tenant of the rented premises for a purpose other than that contractually agreed or contrary to morality, public order or the law.

The eviction judgment shall be provisionally enforced in case of non-execution by the tenant of the validation order of the formal notice referred to in Article 27 above.

CHAPTER IX: REPOSSESSION OF ABANDONED OR VACANT PREMISES

SECTION I: REPOSSESSION BY THE LESSOR

Article 57

The premises shall be declared abandoned if they remain closed for at least six months after

  • the total or partial evacuation by the tenant of his furniture and effects ;
  • absence of the tenant and failure to control the premises by him personally or by his representative or occupier through his own fault;
  • death of the tenant or loss of legal capacity and absence of manifestation of any of the beneficiaries referred to in Article 54 above.

Article 58

The premises may not be declared abandoned where the lessee continues to fulfil his obligations towards the lessor.

Article 59

The request for repossession of the abandoned premises shall be presented to the president of the court in his capacity as summary judge, accompanied by the following documents

  • the contract or the written title establishing the rental relationship
  • a report recording the closure and abandonment of the rented premises and fixing the duration of the closure.

Article 60

The tenant shall be summoned to his address appearing on the rental contract or any other official document issued by the tenant. If the tenant fails to respond to the summons, he shall be summoned to the address of the rented premises.

Article 61

If the summons is delivered to the tenant in person and he has not responded, the president of the court shall confirm this in a request for repossession of the premises in accordance with the legal provisions.

Article 62

Where it is impossible to summon the tenant in person, the president of the court shall decide on the request only after ordering a criminal investigation under the authority of the public prosecutor.

Article 63

If the president of the court orders the repossession of the premises, the order he has pronounced shall be executed on the original.

Article 64

The order for repossession of the premises shall state the application of the provisions of Article 447 of the Code of Civil Procedure to the movable property in the premises at the time of repossession.

Article 65

The enforcement agent shall draw up a report describing the movable property in the premises.

The movable property mentioned shall remain at the disposal of the tenant until completion of the procedures of Article 447 of the Code of Civil Procedure for this purpose.

Article 66

If the tenant, his representative or the occupant in his own right appear during the execution of the repossession order, the enforcement officer shall draw up a report which he shall immediately submit to the president of the court or to the judge in charge of enforcement, who shall order the cessation of the execution in the absence of the parties.

The tenant may only be prosecuted on the basis of a complaint by the lessor, his representative or the occupier.

The court may order ex officio or at the request of the plaintiff that the premises be restored to their original condition.

Section II: RECOVERY BY THE LESSEE

Article 67

In case of reappearance of the tenant or his beneficiaries provided for in Article 54 above after the execution of the order of repossession, the interested party may apply to the president of the court in his capacity as a summary justice for restoration of the premises. The application may only be accepted if the applicant proves that he has paid all the rent arrears.

The application for repossession may not be accepted six months after the execution referred to in Article 65 above.

Article 68

The order for reinstatement shall be enforced on the original.

Article 69

If the enforcement of the reinstatement order is not possible, the tenant and his representative or the occupier may, on his own initiative, apply to the competent court for compensation.

Article 70

The rights acquired on the repossessed premises for the benefit of third parties acting in bad faith may not be invoked against the tenant. The tenant, his representative or the occupier shall have the right in his own right to bring an action before the competent court for the cancellation of such rights and for compensation for the damage suffered.

CHAPTER X: JURISDICTION AND PROCEDURE

Article 71

The court of first instance of the place where the rented premises are located shall have jurisdiction to rule on the rental of premises subject to this law.

Article 72

With the exception of the provisions of paragraph 2 of Article 27 and of the last paragraph of Article 55, and of judgements ordering payment, the decisions rendered by the court in application of the present law may not be subject to provisional execution. Orders to pay and decisions to evict for late payment may be provisionally enforced.

CHAPTER XI: MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Article 73

All time limits referred to in this law must be complete within the meaning of Article 512 of the Code of Civil Procedure.

Article 74

This law shall enter into force within three months of its publication in the Official Gazette.

Its provisions shall be applicable to current leases, as well as to proceedings which are not in a state of being judged without the renewal of acts, formalities and judgments which took place before the date of its entry into force.

Leases concluded which do not comply with the provisions of article three of this law shall remain in force. The parties may, at any time, agree to sign a deed that complies with the provisions of this law.

Article 75

Are abrogated as from the entry into force of the present law the provisions relating to the premises for residential or professional use referred to by the law n° 64-99 promulgated by the dahir n° 1.99.211 of 13 joumada I 1420 (25 August 1999) relating to the payment of rents. Are excluded from the repeal the provisions relating to premises for commercial, industrial or craft use.

The following are also repealed as from the same date:

  • The dahir of 26 Safar 1360 (25 March 1941) repressing the refusal to rent;
  • The dahir of 23 April 1954 repressing the illegal bidding of rents;
  • The dahir of 25 rabie 1 360 (23 April 1941) imposing the declaration of vacant premises;
  • The dahir of 25 rajab 1 360 (19 August 1941) relating to the determination of places for residential use;
  • The decree forming law n° 2.80.522 of 28 dhu el kaada 1400 (8 October 1980) concerning the reduction of the amount of rents of places for residential use in favour of certain categories of tenants.
  • The provisions of law n° 07.03 relating to the revision of the amounts of rents of premises for residential use or for professional, commercial, industrial or craft use promulgated by dahir n° 1.07.134 of 19 dhu el kaada 1428 (30 November 2007)