Repairs and Works in a Moroccan Rental: Who Pays for What?
Photo : Santeri Viinamäki · BY-SA 4.0
Updated 2026-10-29
The water heater dies in the middle of winter, the toilet keeps running, a damp patch spreads across the ceiling, the lock jams: with every breakdown comes the same question between tenant (locataire, الكاري) and landlord (propriétaire, مول الدار). Who calls the tradesman, and above all who pays? In Morocco the answer lies in two texts: the Dahir des obligations et contrats (DOC), which sets the general rules of leases, and law 67-12 on residential leases, which governs the contract, the inventory of condition and the deposit. This guide turns those rules into concrete cases and explains how to get repairs done without ending up in a dispute, whether you rent in Morocco or let out a property from abroad.
The basic rule: the landlord maintains, the tenant handles minor upkeep
The DOC is clear on the principle. Article 638 obliges the landlord to deliver the premises and their fittings and to keep them, for the whole term of the lease, in a condition fit for their purpose. Only minor repairs, according to local custom or the contract, fall to the tenant.
Article 639 spells out what those tenant repairs are in a property lease: a few broken floor tiles, window panes (unless broken by hail or an extraordinary accident), doors, windows, hinges, bolts and locks. The same article explicitly puts the whitewashing of rooms, the restoration of paintwork, the replacement of wallpaper and works on terraces at the landlord's expense.
Article 640 adds a safeguard for the tenant: even a repair classed as a tenant repair is not his to pay when it results from age and wear, force majeure, a construction defect or the landlord's own actions.
- Landlord: structure, roof, waterproofing and infiltration, embedded pipework, water risers, worn-out water heaters and equipment, electrical board, paintwork and ceilings, terraces
- Tenant: a pane broken through his fault, a damaged lock or handle, a few broken tiles, seals and small everyday parts, routine upkeep (unblocking a trap, cleaning, light bulbs)
- Cleaning of septic tanks and drainage pipes: landlord's expense unless the contract or custom says otherwise (article 641)
- The contract can shift some minor repairs, but it cannot make the tenant pay for wear and tear or a construction defect
Concrete cases: who pays for what
Here is how those principles apply to the most common breakdowns in a Moroccan flat. When in doubt, ask: is this normal wear or a defect of the property (landlord), or damage linked to the tenant's use (tenant)?
- Water heater that stops heating after years of service: landlord (wear). Heating element burnt out because the tenant ran it empty: debatable, often tenant
- Leak in a wall or ceiling coming from the floor above or the roof terrace: landlord, who can then claim against the neighbour or the syndic
- Running toilet cistern, tap washer, shower hose: minor upkeep, generally tenant after a long occupation; if already faulty at move-in, landlord
- Jammed lock or lost key: tenant. Front door warped or hinges torn out by age: landlord
- Yellowed paint, ceiling to redo: landlord. Stained walls, unfilled fixing holes, paint damaged by the tenant: possible deduction from the deposit
- Air conditioner supplied with the flat breaks down: landlord if the unit itself fails; filter cleaning and routine servicing: tenant
- Dangerous electrical board, unearthed sockets, breaker tripping without overload: landlord, since the home must be delivered with electricity in working order (law 67-12)
- Floor tiles cracked by a dropped piece of furniture: tenant; tiles lifting because of damp: landlord
What law 67-12 adds: inventory, deposit, tenant's works
Law 67-12 on residential leases requires a written contract and a descriptive inventory of condition (état des lieux, بيان وصفي) drawn up at move-in and move-out and attached to the contract. Without a move-in inventory, the tenant is presumed to have received the home in good condition: he will have to prove that damage was already there. So do it properly, with dated photos of every room, the taps, the water heater and the electrical board.
The law also requires the landlord to deliver a home with the essentials: ventilation, kitchen, bathroom, water and electricity in working order. Finally it lets both parties agree in writing on works the tenant carries out and how their cost is deducted from the rent, provided the agreement is dated and signed, ideally with legalised signatures.
- Security deposit: capped at two months' rent, returned at move-out after deduction of sums due, including tenant repairs attributable to the tenant
- Joint move-out inventory: the only serious basis for withholding money from the deposit
- Improvement works by the tenant (air conditioning, fitted kitchen, wardrobes): landlord's written consent required, otherwise no compensation at move-out
- A tenant who alters the home without permission can be required to restore it
Getting repairs done without a dispute
Most disputes start with a breakdown reported verbally, fixed by the tenant, then contested when the invoice is deducted. The sound method has four steps: report in writing, get a quote, obtain approval, keep the invoice.
If the landlord does not carry out the repairs he owes, article 638 of the DOC lets the tenant compel him through the courts and, failing that, obtain authorisation to do the work himself and withhold the cost from the rent. In practice a written agreement on a quote, even by WhatsApp, avoids going that far. For urgent repairs, article 645 allows the landlord to intervene despite the tenant's objection; if the tenant is deprived of the home for more than three days, he may claim a proportional rent reduction.
- Report the fault in writing with photos and a date, even after mentioning it by phone
- Get a quote from a tradesman: on AloAji, search the trade (plombier, électricien, peintre…) and your city, then call or WhatsApp directly, for free; profiles marked "Non vérifié" are businesses found through their own website and not yet checked by AloAji
- Send the quote to the landlord and wait for written approval before starting, except in a genuine emergency (major leak, electrical danger)
- Ask for an invoice in the landlord's name if he is paying, and keep a copy of everything
- Agree in writing on the deduction from next month's rent, with the exact amount
- If things stall, the local judge (juge de proximité) or the court of first instance can decide; the inventory and the written record make the difference
FAQ
The water heater is broken: who pays in Morocco?
If the unit is old or worn out, that is wear and tear: the landlord pays for the repair or replacement (article 640 of the DOC). If the failure comes from the tenant's misuse, the tenant pays. In every case, report the fault in writing before calling a plumber.
Can the tenant deduct repairs from the rent?
Yes, but only with the landlord's written agreement on the quote and amount, or with a judge's authorisation if the landlord refuses to carry out repairs he owes (article 638 of the DOC). Law 67-12 provides that such an agreement be dated and signed by both parties. Without a written record, the landlord can contest it.
Is repainting at move-out the tenant's responsibility?
Normal paintwork and whitewashing of rooms are the landlord's expense under article 639 of the DOC. The tenant only owes for damage beyond normal wear: heavily stained walls, holes, graffiti, a colour painted without permission.
What if the landlord refuses to fix a leak?
Send a written formal notice with photos and a quote. If nothing happens, the DOC lets you go to court to compel him or to obtain authorisation to do the work and withhold its cost from the rent. Never withhold rent on your own initiative without a written record: you risk proceedings for non-payment.
Can the landlord enter to carry out works?
For urgent repairs that cannot wait until the end of the lease, yes, provided he establishes the urgency and notifies the tenant (article 645 of the DOC). If the tenant is deprived of the use of the home for more than three days, he may claim a proportional rent reduction or termination.
How do I prove the condition of the home at move-in?
With the descriptive inventory required by law 67-12, signed by both parties and attached to the contract, backed by dated photos. Without that document the tenant is presumed to have received the home in good condition and will struggle to contest a deduction from the deposit.
Sources
- https://adala.justice.gov.ma/api/uploads/2024/02/28/Code%20des%20Obligations%20et%20des%20Contrats_compressed-1709126934943.pdf
- https://adala.justice.gov.ma/adala/new_ar_pdf/bb6674c0aa5d1316fdd27ca36c26f882af8540c6f473554ddce730e51eeb7600.pdf
- https://reaconsult.ma/tendances-et-conseils-en-immobilier/etat-des-lieux-location-maroc-entree-sortie