Short-term rental contract in Morocco: is it required, which law applies, and is an e-signature valid?
Is a contract required for a short-term rental in Morocco? The DOC vs law 67-12, e-signatures under law 43-20, deposits and disputes, explained clearly.
No: no Moroccan law requires a written contract for a stay of a few nights. A rental of 30 days or less falls under the Code of Obligations and Contracts (the DOC, Dahir des obligations et contrats), under which the contract exists as soon as both parties agree on the property, the price and the terms. Law 67-12 on residential leases only covers rentals of more than 30 days.
But an unwritten agreement is hard to prove. The day a guest disputes a deduction from the deposit, exceeds the agreed number of occupants or hands back the keys two hours late, the signed document settles it. And that document can be signed online: electronic signatures are governed by law 43-20, which replaced law 53-05 on this point, a law many templates still cite.
This guide sets out the legal framework. For clause-by-clause drafting, see our annotated holiday rental contract template.
Information checked in October 2026 against the official texts: the DOC, law 67-12, law 43-20 and its implementing decree.
Is a written contract required to rent on Airbnb in Morocco?
The DOC defines the lease of things as a contract by which one party grants the other the use of a property for a certain time, in return for a set price (article 627). Under article 628, the lease is complete as soon as the parties agree on the thing, the price and any other terms they have settled. An accepted, paid booking therefore already forms a contract, even without paper.
Two more DOC articles give the written contract its weight:
- Article 230: contractual obligations validly formed have the force of law for those who made them. What the guest accepted binds them, and binds you too.
- Article 231: every undertaking must be performed in good faith, and binds not only to what is written but also to the consequences that law, custom or equity attach to it.
So the real question is what you can prove without a written contract. The platform's confirmation shows the dates, the price and the number of guests, but often nothing about your deposit, your visitor rules or the condition of the property on arrival. A signed contract settles these points before the stay, while nobody disagrees yet.
For direct bookings, made over WhatsApp, by phone or with a returning guest, it is even clearer: without a contract, all you have left are scattered messages to piece together what was agreed.
30 days or less: the DOC applies, not law 67-12
Law 67-12 governs the contractual relations between landlords and tenants of premises used for housing or professional purposes. Its first article limits its scope to rentals, furnished or not, lasting more than 30 days. A stay of 30 days or less therefore remains under the general rules of the DOC.
In practice, no law dictates the clauses of a short-stay contract. The deposit, house rules, check-in and check-out times and cancellation terms depend on what you write, not on the deposit or notice rules of law 67-12.
Watch out for long stays. A guest staying six weeks, or a winter visitor settled in Agadir for several months, crosses the 30-day threshold: the rental then falls within the scope of law 67-12. For these stays, have your contract reviewed by a professional rather than reusing your short-stay template.
Are you a tenant yourself? The subletting question
Many homes listed on Airbnb are rented on a yearly lease by the person who lists them. That lease, longer than 30 days, falls under law 67-12. Its article 39 prohibits the tenant from subletting the dwelling without the landlord's written, dated consent, unless the lease allows it.
Before publishing your listing, reread your lease and, if it says nothing, get that consent in writing. The other way round, your stay contract should forbid the guest from assigning or subletting the property to anyone else: that is a contractual clause, to be written in black and white.
Electronic signature: what law 43-20 provides
The contract can be signed remotely, from the guest's phone. Electronic signatures are governed by law 43-20 on trust services for electronic transactions (Official Bulletin no. 6970 of 18 March 2021). Its article 83 repealed the preliminary chapter and Title II of law 53-05, so presenting law 53-05 as the reference text for electronic signatures is out of date. Law 43-20 has applied since 2023, following the publication of its implementing decree (decree 2-22-687).
It distinguishes three levels of signature: simple, advanced and qualified. Its article 7 provides that the legal effect and admissibility in court of a simple or advanced signature cannot be refused solely because it is electronic or not qualified. That does not make them all equal: if challenged, the quality of the evidence will count.
The DOC sets the conditions. Under its article 417-1, an electronic document is admissible as evidence on the same footing as paper, provided the person it comes from can be duly identified and it is drawn up and stored in conditions that guarantee its integrity. In practice, a reliable signature rests on four elements:
- Identification: a personal link sent to the guest on the booking, with their ID collected at the same time.
- Consent: an explicit acceptance of the contract, not a box ticked at the bottom of a message.
- Integrity: a PDF frozen at the moment of signature, which cannot be altered without it showing.
- Storage: the signed document and the date and time of signature archived together and retrievable in a dispute.
A photo of a signed paper contract sent over WhatsApp ticks these boxes poorly: uncertain signer, a version that is hard to prove, a scattered archive.
Deposit and damage: what the contract must cover
For a short stay, no text sets the deposit amount, its form or its return deadline. Everything therefore depends on the contract, which should state at least:
- the security deposit amount and how it is paid (bank transfer, cash against a receipt);
- the deadline for returning it after check-out;
- the grounds for deductions (damage, exceptional cleaning, missing items) and how they are justified, by quote or invoice;
- the maximum number of occupants and the rules on visitors, a frequent source of disputes when ignored.
The contract is not enough without proof of the property's condition. Do a check-in and check-out inspection with dated photos, backed by an inventory of furniture and equipment. When damage is disputed, comparing those two sets of photos is what convinces, not your memory.
If you disagree, make a written, costed proposal with supporting documents. The good faith required by article 231 of the DOC works both ways: a documented deduction can be discussed, a deposit kept without explanation invites conflict.
Airbnb, Booking.com and your own contract
When guests book on a platform, they first accept its terms: the displayed cancellation policy, payment and the claims procedure. Your contract comes on top, without contradicting them:
- The same figures everywhere. Price, dates, number of guests and cancellation policy in the contract match the booking.
- Say it before the booking. If you require a signed contract, ID or a deposit, state it in the listing and the house rules, so guests know before they book.
- Check the current rules. Platforms have their own rules on what a host may ask for outside them, especially payments. Reread their current terms before requesting any off-platform amount.
- Keep a complete file. Platforms have their own claims procedure for damage; your photos and contract help there too.
Collecting ID is not only for the contract: depending on your status, it also prepares the guest declaration to the authorities. Our guide to police registration for short-term rentals explains who must declare, and when.
Generate, sign and archive every contract with RentDari
For a one-off contract, the free rental contract generator produces a PDF in French, with no sign-up. Beyond a few stays a month, redoing that document by hand becomes the task you put off until the night before arrival.
RentDari's contracts and online check-in module automates the whole chain:
- You prepare your template once, with your clauses and variables. You can keep several, by property type or market, and link each property to its own.
- The contract fills itself from the booking: guest, dates, amounts and property are injected automatically, whether the stay comes from Airbnb, Booking.com or a direct booking.
- The guest receives a personal link before arrival: online check-in, ID documents and signature in one flow, from their phone.
- The signed PDF stays attached to the stay, with the date and time of signature. Until the guest signs, the booking shows it, and you resend the link in one click.
If you manage one or two properties yourself, the RentDari for owners page shows how this module fits with the rest: calendar, messaging and cleaning. The Free plan includes every feature, contracts included, with no credit card.
Frequently asked questions on contracts and the law
Is a contract required to rent on Airbnb in Morocco?
No text requires one for a stay of 30 days or less: under article 628 of the DOC, the lease is formed by the parties' agreement. A written contract remains your best proof of the agreed terms, especially the deposit and the house rules.
Is an electronically signed rental contract valid in Morocco?
Yes. Law 43-20 recognises electronic signatures and prevents a simple or advanced signature from being rejected as evidence solely because it is electronic. Article 417-1 of the DOC requires that the signer can be identified and the document's integrity guaranteed.
Does law 53-05 still govern electronic signatures?
No. Article 83 of law 43-20 repealed the preliminary chapter and Title II of law 53-05. A contract template that still presents law 53-05 as the basis for electronic signatures needs updating.
What changes for a rental of more than 30 days?
It falls within the scope of law 67-12 (article 1), which governs residential leases, furnished or not. A contract designed for a few nights is no longer suitable: have it checked.
This article provides general information on Moroccan law and is not legal advice. For a specific situation, consult a lawyer or a notary.