Mexico Landlord-Tenant Laws: Complete National Guide

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), but the specific details, procedures, and rent control measures depend entirely on the Civil Codes of each of the 32 individual states. Understanding this structure is essential for any landlord or property manager operating in the country.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Landlord-tenant laws in Mexico vary significantly by state. Always consult a licensed attorney in your specific Mexican state for advice tailored to your situation. Information last verified: March 2026.

Key Mexico Rental Laws at a Glance

Security Deposits

In Mexico, federal law does not heavily regulate the exact maximum amount of a security deposit (Depósito en Garantía), but the standard market practice for residential properties is one month's rent. This deposit protects the landlord against damages beyond normal wear and tear and unpaid utility bills (water, electricity, gas) at the end of the tenancy.

The deposit cannot be used as the last month's rent unless explicitly agreed upon. It is typically returned between 30 and 60 days after the tenant vacates, allowing time for the final utility bills (finiquitos) to arrive and be cleared.

For more detail, see our Security Deposits guide.

Rent Control and Increases

Nationally, the principle of freedom of contract (libertad contractual) applies. This means the landlord and tenant can freely agree on how and when the rent will increase. Commonly, rents are adjusted annually in line with the National Consumer Price Index (INPC)—Mexico's official inflation rate.

Major Exception (Mexico City / CDMX): In August 2024, Mexico City passed a reform that prohibits rent increases above the annual inflation index issued by the Bank of Mexico. In other major cities (like Monterrey, Guadalajara, or Tijuana), agreements still strictly rely on the local code and the free market.

For more detail, see our Rent Increases guide.

Eviction Procedures

Evictions in Mexico (commonly known as "Juicio Especial de Arrendamiento Inmobiliario" or "Juicio de Desahucio") require a formal judicial process through the civil courts. Self-help evictions (such as changing locks, cutting off utilities, or physically removing the tenant's belongings) are serious crimes (despojo).

Common causes for a justified eviction (rescission of contract) include:

• Non-payment of rent (the standard required delay varies by state code).
• Using the property for illegal purposes or purposes other than agreed (e.g., commercial use in a residential zone).
• Subletting without written permission.
• Causing severe damage to the property.

Because the legal process can take over a year to resolve, "Pólizas Jurídicas" (Legal Policies or Leasing Guaranty Services) have become the industry standard to expedite the process and guarantee risk mitigation without incurring massive lawyer fees.

For more detail, see our Eviction Process guide.

Lease Requirements and Guarantors

The Civil Code requires lease agreements to be in writing. If there is no written contract, the law presumes the fault lies with the landlord, heavily protecting the tenant's claims regarding rent amounts. Furthermore, Mexican leasing relies heavily on additional protective figures:

• Aval or Fiador (Guarantor): A third party who guarantees payment. They are usually required to own lien-free real estate (Bien Raíz) in the same city to be considered valid.
• Póliza Jurídica: A modern alternative where a specialized legal firm assumes the risk (for an upfront premium paid usually by the tenant) and handles the background check and any potential eviction lawsuit if a default occurs.

For more detail, see our Lease Requirements guide.

Maintenance and Habitability Obligations

Under Article 2412 of the Federal Civil Code, the landlord (arrendador) is obligated to maintain the property in a suitable state for its intended use by making all necessary major repairs during the lease (e.g., structural damages, main plumbing, major electrical issues, and roof waterproofing).

Tenants (arrendatarios) are responsible for minor maintenance arising from regular use or urgent repairs if the damage was caused by their negligence.

For more detail, see our Maintenance Obligations guide.

Late Fees

In Mexico, late payment fees are legally defined as "intereses moratorios" (default interest) or a "pena convencional" (conventional penalty). The Supreme Court of Justice has established that these rates cannot be usurious (excessive). Typically, rates of 5% to 10% per month on the overdue amount are stipulated, although judges have the power to reduce any penalties they deem disproportionate.

For more detail, see our Late Fees guide.

Getting Started with Compliance in Mexico

Managing rentals in Mexico requires handling complex localized contracts, ensuring Guarantor (Aval) properties are valid, and tracking Póliza Jurídica renewals tied to inflation rates. In Landager, we have tailored our tools so you can securely log your legal policy documents, manage INPC-tied rent renewals, and organize utility clearances to prevent debts post-eviction, all from an intuitive, centralized dashboard.

Explore more Mexico compliance topics:

• Security Deposits
• Eviction Process
• Required Disclosures
• Rent Increases
• Lease Requirements
• Maintenance Obligations
• Late Fees