The rental deposit and guarantee in Morocco sit at the heart of many disputes between landlords and tenants. This apparently simple topic actually conceals a legal complexity that many discover too late — often at the moment of handing back the keys. Here is what the law actually says, and how to protect yourself as a property owner.
The Legal Deposit Amount
The term "caution" in the Moroccan context generally refers to the security deposit paid by the tenant to the landlord before moving in. This deposit is intended to cover any unpaid rent or damage identified when the tenant leaves.
Law 67-12 does not set a maximum legal amount for the security deposit, unlike some European countries. Moroccan practice has established a custom that varies by city and property type: the deposit is generally between one and three months' rent. In Casablanca and Marrakech, two months' rent has become the standard for mid-range to upmarket apartments.
In practice, the deposit amount must be clearly stated in the lease, with an explicit mention that it is a security deposit — not advance rent payment, which would have different legal implications. This distinction matters: advance rent can be applied to the final months, while a security deposit remains held until the end of the tenancy.
The deposit does not legally generate interest owed to the tenant during the tenancy. However, some landlords contractually include a revaluation clause, particularly for long-term rentals, which can serve as a useful negotiation argument with tenants.
When Can You Retain the Deposit?
Retaining all or part of the deposit is your right as a landlord, but it must be justified and documented. An arbitrary or poorly documented retention exposes you to legal action by the tenant.
You may retain the deposit to cover:
- Rent and service charges unpaid at the tenant's departure date
- Damage caused by the tenant beyond normal wear and tear
- The cost of remedial works needed following identified damage
- Cleaning costs if the property is returned in an abnormally dirty state
Conversely, you cannot retain the deposit for:
- Normal wear and tear resulting from the passage of time (fading paint, worn flooring)
- Improvement works you wish to carry out
- Equipment failures without fault on the tenant's part
- Unverified and undocumented reasons
The key is documentation: without a mutually agreed inventory of fixtures at entry and exit, it is very difficult to prove that damage is attributable to the tenant rather than normal wear and tear or a pre-existing condition.
Entry and Exit Inventories of Fixtures
The inventory of fixtures is the most important document for managing your deposit. Its absence or poor execution is the primary cause of deposit return disputes.
The entry inventory must be completed on the day of key handover, in the presence of the tenant. It must describe precisely the condition of every room, every surface (floor, walls, ceiling) and every fixture and appliance (kitchen, bathroom, sanitary fittings, shutters, doors). The more detailed the description, the less room for subsequent contestation.
Since smartphones are universal in Morocco, the practice of dated photos and videos has become the norm. Take photographs of every room and every detail that could give rise to future dispute (marks on walls, floor condition, scratches on fittings). Use an application that automatically timestamps photos.
The exit inventory must be conducted in the same conditions, ideally on the day of key return. Comparing the entry and exit condition determines what you are entitled to retain from the deposit.
If the tenant refuses to participate in the exit inventory, have it drawn up by a bailiff. This official record carries strong legal weight and protects your interests in any subsequent legal dispute.
Returning the Deposit
The deposit must be returned within a reasonable period after key handover. Law 67-12 does not specify an exact legal deadline, but Moroccan case law generally considers one month to be reasonable.
If you identify no damage and there are no arrears, return the deposit in full within the month following departure. A prompt refund leaves a good impression and avoids unnecessary conflicts.
If you need to retain part of the deposit, you must notify the tenant in writing (registered letter or email with read receipt), detailing precisely the grounds for retention, the amounts withheld and the corresponding supporting documents (repair invoices, damage photographs, rent arrear statements). This written justification is indispensable to avoid challenges.
If the cost of damage exceeds the deposit amount, you can initiate legal proceedings to recover the balance. The file must be robust: mutually agreed inventory of fixtures, quotes and repair invoices, and all evidence establishing the tenant's liability.
Common Disputes and Solutions
Deposit disputes are among the most frequent in landlord-tenant relations in Morocco. Here are the most common situations and how to handle them.
The first common dispute is the absence of an entry inventory. In this case, neither party can prove the property's original condition, and the court tends to rule against the landlord who failed to protect themselves. Solution: never hand over keys without a signed inventory.
The second dispute is disagreement over "normal wear and tear" versus "damage". Normal wear and tear results from reasonable use of the property: slight paint fading after several years, minor floor scratches. Damage results from negligence or misuse: holes in walls, cigarette burns, broken sanitary fittings. In case of disagreement, the court can appoint a judicial expert to adjudicate.
The third dispute concerns the deposit return timeline: the tenant demands their deposit, the landlord delays. Solution: specify a contractual return deadline (for example, 30 days after key handover and signing of the exit inventory), which clarifies each party's obligations.
With SakanAI, you can automatically document the condition of your property via WhatsApp, schedule deposit return reminders, and maintain a complete history of each tenancy.
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