The Eviction Process in Mexico: Laws, Notices, and Lawsuits

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:

1. 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).
2. Use of the property in contravention to what was agreed or for an illicit purpose (Art. 2489, Frac. II CCF).
3. Unauthorized subletting of the property (Art. 2489, Frac. III CCF).
4. 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:

1. 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.
2. 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.
3. 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).

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