Security deposit not returned — Morocco: how to get it back

Your Rights and Legal Deadlines in Morocco

The Governing Law: Law No. 67-12

Law No. 67-12, published in the Official Bulletin No. 6208 on 28 November 2013 and in force since 28 February 2014, governs all contractual relations between landlords and tenants of residential and professional-use premises in Morocco. It was amended and supplemented by Dahir No. 1.19.15 of 8 February 2019. This is the primary legal text you must reference in any dispute over your security deposit.

Maximum Amount of the Security Deposit

Article 20 of Law 67-12 specifies that the amount of the security deposit (caution) cannot exceed two months' rent. Any clause in your lease requiring a higher amount is null and void by operation of law. In practice, the deposit is typically two months' rent for unfurnished rentals and one month for furnished ones.

Legal Deadline for Return

Sources are consistent on two timeframes, depending on circumstances:

• Standard deadline (no dispute, no damage): The deposit must be returned within a maximum of one month after the handover of the keys. The legitimate grounds for withholding all or part of it must be substantiated.
• Extended deadline (disputes or damage assessment): Some legal commentary and practitioners reference a maximum of three months after the handover of the keys when deductions are being assessed, particularly when a move-out inspection reveals contested damage. Always check your lease clause, as courts will examine contractual terms alongside statutory provisions.

Key trigger: The clock starts running from the date of the move-out inspection (état des lieux de sortie) and the physical handover of the keys, not from the last day of the lease contract.

The Move-Out Inspection (État des Lieux de Sortie)

An état des lieux (property condition report), executed and signed by both parties, carefully documents the state of the property when the tenant vacates. This document is required under Law 67-12 and serves as the primary reference point when deciding whether any portion of the security deposit should be withheld. Insist on conducting it jointly with your landlord and keep a signed copy.

If no move-in inspection was conducted, the law presumes that the property was handed over to the tenant in good condition. This means the landlord cannot claim damage at the end of the lease if there is no move-in inventory to compare against.

What the Landlord Can and Cannot Deduct

Permissible Deductions

The landlord may lawfully deduct from your deposit only the following, provided they are documented and justified:

• Unpaid rent or outstanding charges at the end of the tenancy
• Damage caused by the tenant beyond normal wear and tear (usure normale), as evidenced by a comparison between the move-in and move-out inspection reports
• Cost of repairs specifically attributable to the tenant's negligence or misuse, supported by quotes or invoices from professionals

Tenants have the right to request receipts or proof for any deductions made from the security deposit. If the landlord refuses to provide supporting documentation, this weakens their legal position in court.

Impermissible Deductions

• Normal wear and tear: Faded paint, minor scuffs on walls, worn carpets after several years of normal use — these are not chargeable to the tenant.
• Pre-existing damage: Any defect documented in the move-in inspection, or — if there was no move-in inspection — any damage the landlord cannot prove occurred during the tenancy.
• Improvements or upgrades: The landlord cannot charge the tenant for redecorating or upgrading the property beyond its original condition.
• Vague or undocumented claims: The move-out inspection compared to the move-in report is the best guarantee for the tenant — undocumented claims are legally unenforceable.

Late Return: Penalties and Legal Consequences

Law 67-12 does not expressly codify a fixed daily financial penalty (astreinte) automatically applicable to late deposit returns in the way some European laws do. However, the following legal consequences apply:

• Legal interest (intérêts moratoires): Once the landlord is placed in formal default via a registered letter or bailiff's notice (mise en demeure), legal interest begins to accrue on the amount owed. The applicable legal interest rate in Morocco is set periodically by Bank Al-Maghrib; you may verify the current rate at www.bkam.ma.
• Judicial damages (dommages et intérêts): In case of non-return of the deposit, the tenant may apply to the President of the Court of First Instance. The judge may award damages for the prejudice caused by the unjustified withholding, going beyond the mere restitution of the deposit.
• Court costs: If the landlord loses the case, they are generally ordered to bear all procedural costs (dépens), including the tenant's bailiff fees.

Practical note: The absence of a statutory flat-rate penalty makes the formal notice step (see below) even more critical, as it sets the date from which interest is calculated and demonstrates your good faith in any future proceedings.

The Formal Notice (Mise en Demeure): Step-by-Step Model

Before filing any legal action, you must formally notify the landlord of their obligation. This step is both legally required and strategically essential — it starts the clock on legal interest and demonstrates your seriousness. Follow these steps in order:

1. Step 1 — Gather your evidence (Day 1–5 after the deadline has passed)

   Collect: your signed lease; the move-in and move-out inspection reports; proof of key handover (dated receipt or email); all rent receipts; any written communications with the landlord. Without these, any action is weakened.

2. Step 2 — Send a formal notice by registered letter with acknowledgement of receipt (lettre recommandée avec accusé de réception)

   Your letter must include: your full name and address; the landlord's full name and address; the lease address; the amount of deposit paid and date paid; the date keys were returned; the statutory deadline that has elapsed; a firm demand for restitution within 8 to 15 days; a statement that failure to comply will result in legal proceedings. Keep the postal receipt and the signed acknowledgement card as proof of delivery.

3. Step 3 — (Optional but strongly recommended) Send via a judicial bailiff (huissier de justice)

   A formal notice served by a registered huissier carries greater legal weight than a postal letter, gives the document a date certaine (officially certified date), and is the standard professional practice in Morocco before litigation. Bailiff fees are modest (typically a few hundred dirhams) and can be recovered if you win. Find a registered huissier through the Ministère de la Justice (www.justice.gov.ma).

4. Step 4 — Wait for the deadline stated in the notice

   Give the landlord the period stated (8–15 days minimum). Document any response or absence thereof. If the landlord offers a partial refund you believe is unjustified, respond in writing contesting the deductions and requesting itemised documentation.

5. Step 5 — If no satisfactory response: proceed to conciliation or court

   See the Recourse section below.

Recourse: Conciliation and the Competent Court

Step 1 — Amicable Conciliation

If direct negotiation does not work, the next stage is formal conciliation. This can be overseen by a legal professional or a conciliation commission at the local court. Should that fail, either party can then file a claim with the Court of First Instance (Tribunal de Première Instance) to obtain a legal judgment.

Conciliation is free, quicker than litigation, and judges look favourably upon parties who have attempted it. You can request a conciliation session by presenting yourself at the registry (greffe) of the Tribunal de Première Instance of the jurisdiction where the rented property is located.

Step 2 — Court of First Instance (Tribunal de Première Instance)

Rental disputes are handled by the Courts of First Instance (tribunaux de première instance). The competent court is that of the district (ressort) where the rented property is situated — not necessarily where you or the landlord currently live.

• Filing (dépôt de requête): Submit a written petition (requête) at the court registry, attaching all evidence (lease, inspection reports, proof of deposit payment, formal notice, acknowledgement of receipt).
• Summary proceedings (référé): For urgent cases (clear-cut non-return with no legitimate dispute), you may apply to the President of the Court of First Instance under procédure de référé for a fast-track ruling, sometimes within days.
• Standard proceedings: For contested cases, standard civil proceedings apply. The court will assess evidence and may award the deposit plus interest and damages.
• Representation: While a lawyer is not mandatory for small claims, it is strongly recommended for amounts above a few thousand dirhams. The Casablanca, Rabat, Marrakech, Fès, and other major cities all have bars (barreaux) with duty lawyers. Consult the Ministère de la Justice for court locations and the relevant bar association.

Key Official Resources

• Ministère de la Justice (Ministry of Justice): www.justice.gov.ma — court directory, bailiff registry, legal aid information
• Bank Al-Maghrib (legal interest rate): www.bkam.ma
• Official Bulletin (full text of Law 67-12): www.sgg.gov.ma — Secrétariat Général du Gouvernement, searchable official gazette

FAQ

My landlord says he needs more time because repairs are being assessed. Is this legal?

A landlord may legitimately take additional time (up to the applicable legal maximum) if there is genuine damage to assess and document. However, the landlord must provide receipts or proof for any deductions — vague assertions of damage are not sufficient. You are entitled to: a written itemised breakdown of claimed deductions; copies of professional repair quotes or invoices; a comparison with the move-in inspection report. If the landlord cannot produce these within the legal deadline, the full deposit is due to you. Send your formal notice as soon as the deadline passes.

There was no move-in inspection (état des lieux d'entrée). Can the landlord still make deductions?

If no move-in inspection was conducted, the law presumes that the property was handed over to the tenant in good condition. This means the landlord carries the entire burden of proving that any damage occurred during your tenancy and was caused by you — an almost impossible standard without a baseline document. In practice, the absence of a move-in report severely weakens any deduction claim and strengthens your demand for full restitution.

My lease is verbal (no written contract). Do I still have rights?

Article 3 of Law 67-12 makes a written contract mandatory. A verbal agreement has no probative force before a court. However, this does not mean you have no rights — it means the evidentiary burden increases for both parties. If you paid a deposit, document this with bank transfers, receipts, WhatsApp messages, or witness testimony. A judge can still recognise the existence of a tenancy and order restitution based on available proof. That said, the situation underlines why a written lease is indispensable. Seek legal advice promptly if you face this situation.

How long do I have to bring a claim after the landlord fails to return my deposit?

General civil contractual claims in Morocco are governed by the Dahir des Obligations et Contrats (D.O.C.), which sets a limitation period of five years for personal actions of a civil nature (Article 388 D.O.C.), running from the date on which the right to claim arose — i.e., the date the deposit should have been returned. Do not, however, wait years before acting: evidence deteriorates, witnesses become unavailable, and judges take a dim view of excessive delay. Act within weeks of the missed deadline, not years. If in doubt about the applicable prescription period in your specific situation, consult a registered lawyer (avocat inscrit au barreau) or contact your local Tribunal de Première Instance for guidance.