Rental Agreement in Tunisia: 2026 Guide and Free PDF Template

In Tunisia, many rentals still rest on a verbal agreement or a sheet of paper signed in a hurry. The problem? When the contract is silent, the Code of Obligations and Contracts (COC) applies its own default rules, and some of them surprise landlords and tenants alike. Did you know that a tenant can sublet your apartment if the lease does not forbid it? Or that a landlord cannot take back the property during the lease, even to live in it? This guide, prepared by the team at menzili.tn, the property listings portal covering all 24 governorates of Tunisia, links every rule to its legal article and offers you a free lease template, in French and Arabic.

What Tunisian Law Says About Rental Agreements

A residential rental agreement in Tunisia is governed by the Code of Obligations and Contracts, articles 727 and following, which cover the lease of things. There is no special law for recent leases: apart from old properties covered by the 1976 law, the COC and the clauses of the contract apply.

The COC defines a lease as the contract by which one party grants the other the use of an asset for a certain time, in return for a price the other undertakes to pay (article 727). The lease is complete as soon as the parties agree on the property, the price and the other terms (article 728). In practice, a handshake is enough to create a lease. That is exactly the problem.

Is a Written Contract Mandatory?

Yes, once the rental exceeds one year. Article 729 of the COC requires property leases of more than one year to be in writing; otherwise, the lease is deemed to be for an indefinite period. The same article states that a lease of more than one year only has effect against third parties if it is registered. Our advice is simple: always put the lease in writing, even for six months. It is the only way to prove what was agreed.

Does the 1976 Law Apply to You?

Very probably not. Law No. 76-35 of 18 February 1976, which strongly protects tenants, applies only to old properties, as noted in a study published by the Ministry of Equipment and Housing (in French). For an apartment built and let recently, the COC applies.

Essential Clauses, and the COC Traps if You Forget Them

A good Tunisian rental agreement must state the identity of the parties, the property, its use, the term, the rent, the deposit, the charges, the notice period and whether subletting is allowed. Every omission lets the COC decide for you, and its default rules are not always what you expect.

Never leave out: the full identity of both parties with their national ID (CIN) number; the exact address of the property, its layout, outbuildings and land title reference (our land title guide, in French, explains how to check it); the permitted use; the term and renewal conditions; the rent, due date and payment method; the deposit; the charges; the notice period; and the inventory of condition as an appendix. An often-overlooked detail: unless otherwise agreed, rent is payable where the property is located (article 770). So specify a bank transfer if you do not want to be paid in person. Payment in advance is expressly allowed (article 768).

That leaves four traps that few landlords and tenants know about.

Trap 1: subletting is allowed by default. Article 772 lets the tenant sublet, and even assign the lease, unless this is expressly prohibited. With short-term rentals booming on online platforms, a prohibition clause is essential for the landlord.

Trap 2: without an inventory of condition, the property is presumed to have been received in good condition. That is the rule in article 781. For the tenant, a detailed move-in inventory is therefore the only protection against an unfair deduction from the deposit.

Trap 3: the landlord cannot take back the property during the lease. Article 797 is unambiguous: the landlord cannot terminate the lease, even if he states that he wants to live there himself. If you plan to recover your property, choose a short term rather than hoping for an early departure.

Trap 4: a third-party guarantee ends at the first expiry date. A relative who guarantees the tenant does not cover the tacit renewal period (article 795). Have the guarantor sign a new undertaking at each renewal.

Term, Renewal and End of the Lease

A fixed-term lease ends automatically on its expiry date, without notice, unless otherwise agreed (article 791 of the COC). If the tenant stays in the property, the lease is renewed on the same terms and for the same period (article 793). To prevent this, notice must be given before the expiry date.

Tacit renewal is the most misunderstood mechanism. Letting the tenant occupy the property after the expiry date amounts to signing up for an identical new period. Only notice, or an equivalent act showing the intention not to renew, prevents renewal (article 794).

And if the lease sets no term? It is then deemed to be monthly if the rent is monthly, and ends at the expiry of each period, unless local custom provides otherwise (article 792). Either party may end it, but the tenant is entitled to the period set by local custom to vacate the property (article 793). The COC therefore sets no figure for the notice period: custom decides. In practice, this is a source of disputes. Write the notice period into the contract in black and white, with notice sent by registered letter or by bailiff.

The landlord may seek termination in three cases (article 796): use of the property contrary to its purpose, negligence causing significant damage, or unpaid rent. Finally, the lease does not end on the death of the tenant or of the landlord (article 803).

Signature Certification and Registration: Steps, Deadlines and Cost

To be fully enforceable, a Tunisian rental agreement must have its signatures certified at the municipality, then be registered at the tax collection office (recette des finances) where the property is located, within 60 days of signature. For a residential lease, registration costs a fixed duty of 5 dinars per page and per copy.

The steps, in order:

• Print and sign at least three original copies of the lease, initialling every page. One copy stays with the tax office.
• Have the signatures certified at the municipality, with each party bringing their ID. The landlord must provide a certificate from the municipality proving payment of the built property tax (TIB): without it, certification is refused (Local Taxation Code). The municipality charges a certification fee.
• Register the lease at the tax collection office covering the property, within 60 days of its date (article 3 of the Registration and Stamp Duty Code). After that, late-payment penalties apply.

Situation	Where	Deadline	Cost
Written residential lease	Tax collection office where the property is located	60 days after signature	5 TND per page and per copy, excluding the copy kept by the office
Commercial or professional lease	Tax collection office where the property is located	60 days after signature	1% of annual rent and charges, minimum 40 TND
Unwritten rental	Declaration by the landlord	60 days after moving in	Depends on the use of the property
Signature certification	Municipality	Before registration	Certification fee, plus certificate of TIB payment

Sources: Registration and Stamp Duty Code, articles 3, 6, 20, 22, 23 and 31 (IORT 2024 edition, www.iort.gov.tn); Local Taxation Code.

A concrete example: our French-language lease template is 5 pages long. Filed in 3 copies, one of which is kept by the tax office, it costs 2 × 5 × 5 = 50 TND in registration duty, whatever the rent. The rate is the same for a 450 TND studio in Monastir as for a 4,000 TND villa in La Marsa. By comparison, a commercial unit let at 1,500 TND a month pays 1% of 18,000 TND, or 180 TND. For a home, registration is one of the cheapest legal protections there is.

Why Register Your Lease, Even for Less Than a Year

Registering a lease gives it a certain date. That date protects the tenant if the property is sold: the new owner must then honour the current lease (article 798 of the COC). Without a certain date, the buyer can ask the tenant to leave.

This is the argument almost nobody knows. Selling the property does not end the lease: the buyer takes over the rights and obligations of the former owner, provided the lease has a certain date before the sale. Otherwise, article 799 allows the buyer to evict the tenant, giving only the period set by custom. Imagine a tenant in Ariana with an unregistered lease whose landlord sells the apartment: they may have to leave within a few weeks.

Registration is also useful for the landlord. A registered, certified lease is solid evidence in case of unpaid rent, and it is often requested for administrative procedures (proof of address, residence permit for a foreign tenant). Another detail: a receipt covering more than one year of rent paid in advance is only enforceable against third parties if it has been registered (article 769).

Deposit, Inventory of Condition and Returning the Property

The COC sets no cap on the security deposit: the amount is free, and custom is one to two months' rent. When moving out, the tenant must return the property in the condition described at move-in, but is not liable for normal wear and tear or ageing.

Since the law is silent on the deposit, everything depends on the contract. Specify three points: the amount, a ban on the tenant offsetting it against the last months' rent, and a refund deadline, for example 30 days after the keys are returned.

At move-out, the move-in inventory is the reference: the tenant must return the property as received (article 780). The tenant is liable for damage caused by their fault (article 782), but not for normal use, force majeure, ageing or repairs the landlord should have carried out (article 783). A wall that has yellowed after three years is not damage; a burnt parquet floor is.

A deadline landlords should know: their claims for damage or failure to return the property are time-barred after six months from the day they recover possession (article 790). Waiting a year to claim for repairs means losing the right to do so.

Download Our Rental Agreement Template (PDF in French and Arabic)

The menzili.tn template includes a 25-article residential lease and a move-in and move-out inventory appendix, available in French and Arabic. It neutralises the COC traps: no subletting, joint inventory of condition, a fixed notice period and deposit refund within 30 days.

What the template provides, article by article:

• Articles 2 and 15: no subletting, assignment of the lease or short-term rental without the landlord's written consent. This counters article 772 of the COC.
• Article 9: joint inventory of condition at move-in and move-out, and 10 days for the tenant to report any hidden defect.
• Article 10: detailed split of repairs between the landlord (structure, waterproofing, built-in pipes) and the tenant (taps, seals, locks, windows).
• Article 17: formal notice with a 15-day deadline for unpaid rent, and a ban on any personal pressure by the landlord (changing locks, cutting off water or electricity). Eviction can only be ordered by a judge.
• Article 19: tenant's notice period to be set, landlord's notice at least two months before expiry.
• Article 21: deposit refunded within 30 days, with a written statement of justified deductions only.
• Article 25: the parties' commitment to certify and register the contract.

How to use it: choose the French or Arabic version depending on the parties' language (if in doubt, Arabic, the official language, is the safest for administrative procedures). Fill in the fields, tick the options (furnished or unfurnished, payment method), initial every page, print three copies, attach the move-in inventory, then follow the certification and registration steps above. For a long lease or a special situation (joint ownership, property without a land title, company tenant), have the contract reviewed by a lawyer or notary.

Download (free PDFs): Rental agreement, French version | Inventory of condition, French version | Rental agreement, Arabic version | Inventory of condition, Arabic version

For landlords, remember that rent is taxable as property income, with a flat 20% allowance. We covered this in detail in our guide to rental investment returns (in French).

Looking for a tenant or a home? Post your listing for free on menzili.tn, or browse apartments for rent in Tunis, Ariana and Sousse.

FAQ: Rental Agreements in Tunisia

Does a rental agreement have to be registered in Tunisia?

Yes: a lease of real property must be registered at the tax collection office where the property is located within 60 days of signature. Registration gives the lease a certain date and makes it enforceable against third parties, especially if the property is sold.

How much does it cost to register a residential lease?

A residential lease is subject to a fixed duty of 5 dinars per page and per copy filed, excluding the copy kept by the tax office. Our 5-page template, filed in 3 copies, therefore costs 50 dinars, whatever the rent.

Where are the signatures on a rental agreement certified?

Signatures are certified at the municipality, with each party bringing their ID. The landlord must present a certificate from the municipality proving payment of the built property tax.

Can the landlord take back the property before the lease ends?

No: article 797 of the COC prevents the landlord from terminating the lease, even to live in the property himself. He can only seek termination for unpaid rent, significant damage or improper use (article 796).

How much should the security deposit be?

Tunisian law sets no cap: the amount is free and custom is one to two months' rent. The contract should state the amount, ban offsetting it against the last months' rent and set a refund deadline.

Written by the menzili.tn editorial team, the property listings portal in Tunisia covering all 24 governorates. Published on 1 October 2026. Next update planned: April 2027, or as soon as the 2027 Finance Law is published if it changes registration duties.

Sources: Code of Obligations and Contracts, articles 727 to 804; Registration and Stamp Duty Code (IORT 2024 edition); Local Taxation Code; Ministry of Equipment and Housing, study on rental housing.