The Eviction Process in Mexico: Laws, Notices, and Lawsuits
A guide for landlords in Mexico on the Special Eviction Lawsuit (Juicio Especial de Arrendamiento), legal grounds for eviction, and court timelines.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Governed by the Federal Civil Code (effective 1 October 1932) and state-level procedural laws, the eviction process (legally known in Mexico as "rescisión de contrato" and processed through a "Juicio Especial de Arrendamiento Inmobiliario") is strictly a judicial procedure. The term "Juicio de Desahucio" is legally deprecated in jurisdictions like Mexico City (Art. 957 CPCCDMX). Extrajudicial (self-help) evictions are highly illegal and can constitute a criminal offense.
Types of Eviction Causes in Mexico
In Mexico, while the Federal Civil Code provides a baseline, lease rescission is primarily governed by the Civil Code of the state where the property is located.
At-Fault Causes (Tenant Violations)
The landlord may demand the rescission of the lease for:
- Non-payment of rent (Art. 2489, Frac. I CCF; the breach typically exists from the first day of default, though state laws define when the lawsuit can be filed).
- Use of the property in contravention to what was agreed or for an illicit purpose (Art. 2489, Frac. II CCF).
- Unauthorized subletting of the property (Art. 2489, Frac. III CCF).
- Causing severe damage to the property deliberately or through gross negligence (Art. 2489, Frac. IV CCF).
No-Fault Causes (End of Lease)
This occurs when a fixed-term contract reaches its expiration.
- Tácita Reconducción (Tacit Renewal): If a contract expires and the landlord does not formally object to the tenant remaining within a "reasonable short term" (interpreted as 10 business days per Supreme Court jurisprudence Tesis 1a./J. 31/2003), the lease automatically becomes an indefinite-term contract (Art. 2487 CCF).
- Interpelación (Legal Notice): To prevent tacit renewal, the landlord must serve a formal "interpelación" (legal notice to vacate) before or immediately after the contract expires.
- For indefinite contracts, the required notice period for termination is 15 days under the Federal Civil Code (Art. 2478 CCF) and the CDMX Civil Code (Art. 2478 CCDF). In contrast, the State of Mexico requires a 2-month notice period for urban residential properties (Art. 7.716 CCEM).
The Legal Process (Juicio Especial de Arrendamiento Inmobiliario)
To legally evict a tenant who refuses to vacate, the only valid route is through the state judicial system:
- Demand and Notification: A lawsuit is filed before state civil courts (processed as a Juicio Especial de Arrendamiento Inmobiliario in CDMX, where the Juicio de Desahucio has been abolished). A court official (actuario) will serve an order demanding the tenant prove that payment has been made or that they vacate the property.
- Trial and Hearings: This process is governed by the state's Code of Civil Procedure. It is common in Mexico for the duration of filing, presenting evidence, serving notices, and reaching a sentence to take 6 to 12 months in tribunals in CDMX, Jalisco, or Monterrey.
- Sentence and Physical Eviction (Lanzamiento): If the landlord wins, the judge issues a sentence and subsequently an "eviction order" (orden de lanzamiento). In this executive phase, public force (police) and locksmiths assist with the judge's order to forcibly remove the individual.
Caution! "Despojo" is a Crime: A landlord in Mexico must never change locks, remove possessions, or intimidate the tenant to force them out. This is classified as the severe criminal offense of "Despojo" (Art. 237 Penal Code for CDMX).
The Essential Tool: "Pólizas Jurídicas" (Legal Policies)
Because a Desahucio lawsuit is so time-consuming and expensive if pursued individually, the use of Pólizas Jurídicas (a hybrid between a guarantor bond and prepaid private legal representation) has become essential for risk mitigation in Mexico.
There are different types of policies offered by specialized companies:
- Traditional Coverage: Exclusively covers the legal fees of the law firm that will manage the eviction lawsuit.
- Comprehensive/Broad Coverage: Covers legal fees, assists with extrajudicial collection, and can even reimburse the landlord for lost rent and unpaid utility bills (e.g., CFE and water).
Back to Mexico Landlord-Tenant Laws Overview.
Sources & Official References
Frequently Asked Questions
▶What is the legal eviction process for landlords in Mexico?
The eviction process in Mexico requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
▶What are the key landlord-tenant laws in Mexico?
Renting real estate in Mexico operates under a unique legal framework: there is no single national landlord-tenant law. Instead, leasing is broadly regulated by the Federal Civil Code (Código Civil Federal), with specific procedures dictated by the Civil Codes of each of the 32 individual states. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide▶What are the rent increase limits and caps in Mexico?
Mexico has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Mexico?
Mexico has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Mexico?
Lease agreements in Mexico must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Mexico?
Landlords in Mexico are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Mexico?
Mexico has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Mexico?
Landlords in Mexico must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
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