Eviction Policies and Law in Morocco

[cpdublin]

Hello: I'm a U.S. expat living in Jordan and Cyprus and have a nice rental property in Marrakech that a tenant hasn't paid rent on for some months. I'm planning a trip to inspect the property and evict the tenant but am ignorant of the prevailing laws and/or customs. Can someone point me in the right direction to either get paid (am owed more than 60,000 Euros) or evict the tenant?

 

[localhelp]

Eviction laws

HI,
We are having the same problem in Saidia, I would be happy to dicuss our progress, or lack of it with you.
In brief, the law is simple, the tennant has all the rights and you have none. They are able to put obstacles and delays into the procedures in order to stay as long as they choose. They do not need to be telling the truth, they do not need contracts, and they can obtain a certificate of residence for the property without your knowledge or approval.
The local officials do not want to be involved or even offer guidence.

The tennant threatened to kill me but the police would not intefere.
The municipality of Saidia gave the tennant a certificate of residence when he asked for one without any checks being made into ownership or legality. The municipality worked outside the laws of Morocco but can not be held accountable.
The certificate of residence gives the tennant the right to change utility meters into his name if you choose to disconnect him.

You have to fight the system as well as the tennant, without the language and legal skills. I am resident in Morocco and have family and friends here. Even with this help it is proving impossible. If your tennant has influencial friends as ours has the task is doubly difficult. It is not just the curruption that you will face but the lack of clarity in the tenancy laws.

The authorities do not wish to understand the seriousness of these situations and how it harms the relationships with foreign investors. There are no laws to protect you and they just don't care.

Please pm me and I will give some details of people to contact and the first steps.

 

[cpdublin]

Thanks for the information

I'd pretty much reached the same conclusion. I'm planning on confronting the tenant noting he's already threatened one prospective buyer. Perhaps if I plan to move back in to the property I can force him out? I'm not overly concerned with threats of harm; that would be their mistake.

I really would prefer to avoid any drama and appreciate any information you might be able to provide. The property is substantial and the "tenant" signed an agreement to lease and operate it as a boutique hotel and it is publicly advertised.

Regards,

 

[localhelp]

The first step should be to find a local Advocat to work on your behalf. You will find it difficult to organize things unless you are in Morocco, therefore, perhaps the advocat or a trusted friend should have a "procuration" or legal powers to act for you.
He will suggest, that you file a complaint against the tennant. The one that they usually start with is that you wish to end the tenancy agreement because you wish to live or take over the property yourself. This seems to be their preffered route because of pitfalls with the others.
This all takes time.
1. The advocat writes to the tennant to ask him to leave. This must be done before you resort to the complaint. The tennant has one month to reply.
2. The advocat has no reply so files a complaint in the tribunal. This gives the tennant three months to reply to the tribunal.
3. The tribunal receives no reply from the tennant, you make another complaint that is delivered by the tribunal to the tennant.
4. A date is then set for a hearing in the tribunal. Could be as long as three months before you get a hearing.
5. The tennant just doesn't turn up. There must be a new date set. Another three months.

This was a very short version of a long event but I wanted you to get a sense of what will happen. The tribunal cannot act until you prove your point with them. To get to that stage it could be 9 months. In the meantime the tennant lives there rent free. You can file a complaint for recovery of the rent at the same time but it's more likely that you are going to have to come to an arrangement with the tennant.
The tennant is only able to abuse the law because the law is not clear. I think that in Marrakesh you have a much better chance of sucsess than here in Saidia. My friend describes Saidia as the wild west, it's a new frontier and the law just hasn't reached here yet. My point being that Marrakesh would have seen all this before between foreign owners and tennants where as in Saidia it's all new.
There is lots more I would like to say but think it's only right to do it in private.

I do not want anyone to get the impression that I am anti Morocco or Morrocans, I live here and love them both. Morocco however is not ready for foreign investors unless they accept it for what it is. That's why your story and mine should be told.