Commercial lease in the Maghreb: Tunisia, Morocco, Algeria (2026)

Commercial lease law protects the business itself: a trader's customers often depend on the address. Tunisia and Morocco have kept a protective regime, with a statutory right to renewal and an eviction indemnity. Algeria went the other way in 2005: term and renewal are now a matter of contract.

This guide compares the three regimes in force in 2026, then lists the clauses to draft carefully and the most common mistakes.

Law No. 77-37 governs the renewal of leases of buildings or premises used for commercial, industrial or craft purposes. According to commentary on the text, protection requires the business to have operated on the premises for two consecutive years. Liberal professions (doctors, lawyers, notaries) are excluded.

The landlord may refuse renewal but must then pay an indemnity equal to the loss caused: market value of the business, moving and resettlement costs, and transfer costs and duties for a business of the same value. No indemnity is due where there is a serious and legitimate ground against the tenant, or where the building must be demolished because it is unsanitary or unsafe. Where the landlord rebuilds, the indemnity is set at four years' rent (Art. 9).

Rent must match the fair rental value (Art. 22). Either party may request a review (Art. 24), as a rule three years after the tenant took possession or after renewal, and where economic conditions have changed by more than a quarter. Disputes go to the court of first instance where the property is located.

Notice must state its grounds and be served by a bailiff or under the Code of Civil Procedure (Arts. 26 and 34). The tenant's deadline is 15 days for unpaid rent or premises at risk of collapse, and three months for personal use, demolition and reconstruction, or serious breach. The landlord loses the right to seek validation if it does not act within six months after that deadline expires.

The eviction indemnity covers the value of the business, estimated from the tax returns of the last four financial years, fit-out costs, loss of business assets and moving costs. It cannot be lower than the key money paid (Art. 7). It is not due, among other cases, where at least three months' rent remain unpaid 15 days after formal notice, or after an unauthorised change of activity or sublease (Art. 8).

Law No. 07-03 (Dahir No. 1-07-134 of 30 November 2007) also applies to commercial premises. Absent agreement, rent may only be reviewed after a period of at least three years, and the increase is capped at 10% for non-residential premises (Arts. 3 and 4).

Law No. 05-02 of 6 February 2005 amended the Commercial Code and changed the logic of the commercial lease. The tenant must be registered in the commercial register or the crafts register (Art. 169).

In Tunisia, Law No. 77-37 also protects a tenant under an oral lease. In Morocco, Law 49-16 requires a written lease with a certified date. In Algeria, only a notarial deed is valid since Law No. 05-02.

In Tunisia and Morocco, only in the cases set by law: serious and legitimate grounds, unpaid rent after formal notice, unauthorised change of activity or sublease, or a building at risk of collapse. In Algeria, the tenant has no right to an indemnity at expiry unless the lease says otherwise.

Its renewal remains governed by the law in force when it was signed (Art. 187 ter of the Commercial Code). Check the signing date before drawing any conclusion on renewal.

E-Tafakna offers contract templates and country guides, as well as a free formal-notice generator. In Tunisia, E-Tafakna is a TunTrust delegated registration authority and issues electronic signature certificates. In Algeria, a commercial lease remains a notarial deed.