Tunisia Rental Laws: Pro-landlord, Neutral or Pro-tenant?

Tunisia's landlord and tenant laws are judged by the Global Property Guide to be slightly Pro-Tenant between landlord and tenant. Tunisia is not aggressively pro-tenant, but it does lean toward tenant protection, especially by requiring judicial procedures for eviction and regulating lease termination. Landlords can still enforce their rights effectively with proper documentation and legal support.

Can landlord and tenant freely agree rents in Tunisia?

In Tunisia, landlords and tenants can generally agree freely on the amount of rent, especially in the case of non-subsidized, private leases. The initial rent is determined by mutual consent between the parties when the lease is signed.

Here are some key suggestions regarding rents:

• Written contracts are required by law, especially for leases exceeding one year, and should specify the agreed rent and any adjustment mechanism (such as annual increases).

• For residential leases, rent control is not imposed by law, but courts may intervene if the rent is deemed abusive or excessive, particularly if no contract exists.

• In commercial leases, there are specific protections for tenants under Law No. 37 of 1977, including rules about lease renewal and eviction. Rent in such cases is also negotiable but may be subject to judicial review if contested.

Deposits

In Tunisia, landlords typically require a security deposit equal to one to two months’ rent, which serves as a safeguard against unpaid rent or property damage. By law, the deposit must be held separately and deposited into a distinct account to ensure it’s available upon lease termination, and tenants must receive a receipt detailing the amount and conditions for its return. When the lease ends, landlords are allowed to deduct costs for damages beyond normal wear, unpaid rent, or other legitimate breaches—but they must provide clear justifications, ideally with supporting documentation like invoices or photos

What rights do landlords and tenants have in Tunisia, especially as to duration of contract, and eviction?

Leases are typically fixed-term, often for one year, though longer terms (up to three years or more) can be negotiated. Month‑to‑month contracts also exist, renewing automatically unless terminated by either party.

Both the tenant and the landlord must give advance notice (usually around one to three months, as per contract or local norms) to terminate the lease. Landlords ending a lease to reclaim the property—such as for personal use or sale—must typically provide three months’ notice. Landlords can seek eviction on legitimate grounds like non-payment, contract violations, or deterioration of the property.

How effective is the Tunisian legal system?

The Tunisian system is legally decent and ultimately effective, especially if the landlord has a clear, written contract and follows due process. But in practical terms, landlords often face moderate delays and procedural burdens when seeking eviction, particularly without legal assistance.

Legislation

The relevant legislation is the Code of Obligations and Contracts (Articles from 727 to 804); and the law n°76-35 of February 18, 1976 (for buildings whose construction was completed before January 1, 1954, and occupied by tenants on or before March 3, 1978.

There are special tenancies where the law automatically grants the tenant security of tenure. If the tenant was occupying the premises before March 3, 1978, and also if the construction of the premises was completed before January 1, 1954 (Law n°76-35 of February 18, 1976) the tenant has automatic security of tenure.

Law 76-35 tenants can rarely be evicted, perhaps only if the building is likely to fall down, or if the owner or a member of his immediate family intends to live there. In those special cases, six months' notice is required.

Brief History: Recent changes in Tunisian landlord and tenant law

Tunisian general law is governed by the principle of free agreement between the owner and the renter. However, after Tunisian independence on March 20, 1956, some laws were promulgated to ensure stability in the relationship between the owners and the tenants, such as Law No. No76-35 of February 18, 1976.