MOROCCO Law and Practice Contributed by: Loris Marghieri, Dounia El Aissaoui and Julien Nouchi, Gide Loyrette Nouel
6.8 Costs Payable by a Tenant at the Start of a Lease Pursuant to Moroccan law, there are no addi - tional costs to be paid by the tenant at the begin - ning of the lease term, apart from a registration duty payable to the tax administration (set at MAD200). Although the MTC does not specifically state who is responsible for paying the registration fees, it is market practice for the tenant to bear this cost. 6.9 Payment of Maintenance and Repair The tenant generally bears the maintenance and repair costs for common areas (ie, gardens, parking areas, stairways and elevators) by way of service charges, in proportion to the area of the premises occupied by each tenant compared to the total area of the property. In practice, the ser - vice charges are usually agreed as a lump sum. 6.10 Payment of Utilities and Telecommunications Parties are free to determine which of them will pay the operating fees (eg, electricity, water, telecommunications and other utilities), but the utility costs are generally borne by the tenant according to its specific needs and usage. 6.11 Insurance Issues In Morocco, landlords and tenants typically sub - scribe to various insurance policies to safeguard their interests under a lease agreement. For landlords, typical policies include the follow - ing: • Assurance propriétaire non occupant: This type of property insurance covers the land - lord’s property against risks such as fire, theft, and natural disasters. It is designed for
landlords who do not reside in the property themselves. • Responsabilité civile propriétaire : Liability insurance for landlords protects them in case a tenant or visitor is injured on the property and files a claim for damages. It covers legal expenses and compensation for bodily injury or property damage. • Assurance loyers impayés : This insurance protects landlords against the risk of rental income loss due to tenant non-payment of rent. It typically covers unpaid rent and legal expenses associated with eviction proceed - ings. For tenants, typical policies include the follow - ing: • Assurance multirisque : Renter’s insurance provides coverage for the tenant’s personal belongings inside the rental property and includes liability coverage for damages caused to third parties. • Assurance dommages aux biens: Insurance that tenants can purchase to cover damage to the landlord’s property caused by the ten - ant. It may include coverage for accidental damage, such as broken windows or dam - aged appliances. 6.12 Restrictions on the Use of Real Estate The parties generally provide that the leased premises are rented for a specific purpose, with any change being subject to the landlord’s pri - or consent. In addition, the use of the leased premises may be restricted by legal or regulatory provisions, such as town planning and zoning regulations. With respect to commercial leases, a judge may grant permission to the tenant (even after a
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