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

The eviction process (legally known in Mexico as "rescisión de contrato" and processed through a "Juicio Especial de Arrendamiento Inmobiliario" or "Juicio de Desahucio") is strictly a judicial procedure. Extrajudicial (self-help) evictions are highly illegal and can constitute a criminal offense.

Types of Eviction Causes in Mexico

In Mexico, the Civil Code outlines various legal reasons by which a landlord can demand the recovery of their property's possession.

At-Fault Causes (Tenant Violations)

Article 2489 of the Federal Civil Code expressly states that the landlord may demand the rescission of the lease for:

1. Non-payment of rent (the standard delay required to initiate the lawsuit varies by state, but in many states, two consecutive months are enough, though technically there is a breach from the first day of default).
2. Use of the property in contravention to what was agreed or for an illicit purpose.
3. Unauthorized subletting of the property.
4. Causing severe damage to the property deliberately or through gross negligence.

No-Fault Causes (End of Lease)

This occurs when a fixed-term (or indefinite-term) contract reaches its end.

• Generally (Article 2478 FCC), if a contract expires and the landlord receives a subsequent rent payment without protest, a "tácita reconducción" occurs (the contract silently becomes an indefinite-term lease).
• A notice of termination for an indefinite contract requires formal notification in advance—the law usually dictates 2 months for urban residential properties. In practice, landlords notify tenants at least 30 to 60 days before the end of a fixed contract to demand prompt vacating, preferably through a "notarial notification."

The Legal Process (Juicio Especial de Arrendamiento Inmobiliario)

To legally evict a tenant who refuses to vacate, the only valid route is as follows:

1. Demand and Notification: A lawsuit is filed before civil courts. 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: Unlike express jurisdictions globally, this process does not happen in 15 days. 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, or even longer if the tenant's lawyers file endless constitutional appeals (Amparos).
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 a Inmueble y Allanamiento" (Dispossession and Trespass), giving the tenant power to sue and obtain hefty compensation or even have the landlord arrested.

The Essential Tool: "Pólizas Jurídicas" (Legal Policies)

Because a Desahucio lawsuit is so time-consuming and expensive (in legal fees) 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) that the tenant failed to pay during the judicial process.

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