Renting in Mexico: the rules

Mexico has no national tenancy law. The Federal Civil Code (Código Civil Federal) applies only to federal matters, so a private home lease is governed by the civil code of the state where the home is (Federal Civil Code art. 1). In Mexico City that is the Código Civil para el Distrito Federal (Civil Code for the Federal District, the city's name until 2016), Title Six, arts 2398–2496, last amended 20 August 2026. Its chapter on homes (arts 2448 to 2448 M) is declared of public order: a tenant cannot waive it, and any clause to the contrary is treated as not written (art. 2448).

In Mexico City a home lease must be in writing, and the landlord bears the consequences if it is not (arts 2406 and 2448 F). The contract must at least name both parties and the landlord's capacity to sign, describe the home with its fittings and their condition, and state the rent and where it is paid, the guarantee, the deposit or the guarantor's details, that the use is residential, and the term. The minimum term is one year, binding on both sides (arts 2398 and 2448 C). At the end of that year a tenant who is up to date with the rent can extend the lease by up to one more year at will, though art. 2448 C adds 'unless agreed otherwise', so read the extension clause before signing. A lease survives a sale of the home and the death of either party; the tenant's spouse, partner, children or parents who lived there take it over (arts 2409 and 2448 H). After three years, a tenant who is up to date has a right of first refusal on a new lease, and in every case a right of first refusal if the owner sells, with 30 days to accept (arts 2447 and 2448 J). (Código Civil para el Distrito Federal, consolidated text, as of 2026-10.)

Since the reform published on 28 August 2024, art. 2448 F also requires the landlord to register every Mexico City home lease within 30 days in a digital register run by the city government, and leases already running had 90 days from when the register was set up. On 25 February 2026 (the date given in news reports; the court's published draft leaves the session date blank) the Supreme Court (SCJN, amparo en revisión 546/2025) upheld the register but, by a majority of seven, limited it to four data: the rent, the agreed increase, the colonia (neighbourhood) and the alcaldía (borough). Names and other clauses may not be collected. This is still pending: as of February 2026 the platform had not started operating (Expansión, 19 February 2026), and we found no report that it has opened since (as of 2026-10). The code does not make a lease's validity depend on registration and sets no penalty for a landlord who does not register, so an unregistered lease is still valid. Other states have their own rules on term and form; check the civil code of the state concerned.

In Mexico City a landlord may not demand more than one month's rent as a depósito (deposit) on a home lease (art. 2448 E). This rule dates from 2003, not from the 2024 reform. There is no official body where the deposit must be lodged: the landlord holds it. At the end of the lease any balance in the tenant's favour must be returned immediately, unless the landlord has a claim against the tenant, in which case the code says the balance is to be deposited with the court (art. 2422). Disputes over deposits usually turn on damage, so a written description of the home and its condition at the start matters: if the tenant received the home without one, the law presumes it was received in good condition (arts 2442–2443). The code caps the deposit only; it does not mention rent paid in advance, and Expansión reported in January 2026 that landlords may answer the caps by asking for advances described as rent (Expansión, 12 January 2026).

On top of the deposit, most landlords in Mexico City ask for a fiador (personal guarantor) who owns real estate, often in the same city, or a póliza jurídica (legal guarantee policy) sold by private legal-services firms, which screens the tenant and covers the landlord's legal costs of eviction. Neither is required by law. The code requires a guarantor to have enough assets to answer for the debt (art. 2802); the demand for registered real estate is a contract term, not a legal requirement for a private lease (the property rule in art. 2850 covers guarantees required by law or by a court). A guarantor's obligation ends when the fixed term ends unless agreed otherwise (art. 2487). A guide on Mercado Libre, a marketplace where pólizas are sold, puts the price at roughly 25% to 80% of one month's rent per year, depending on cover, usually paid by the tenant (as of 2026-10); that is a seller's figure and a market custom, not a rule. Some landlords also accept a bond from a licensed surety company (afianzadora). Other states set their own deposit rules; many have none.

The initial rent is free in every state: no Mexican law sets a maximum starting rent. Across the country, debts payable in Mexico in a foreign currency can be settled in pesos at the exchange rate on the day of payment (Ley Monetaria art. 8). In Mexico City a home rent must also be set in national currency (art. 2448 D), so a lease priced in US dollars does not meet the code.

Mexico City caps increases. Rent can rise only once a year, and since 29 August 2024 the increase 'will never be greater than the inflation reported by the Banco de México for the previous year' on the agreed monthly rent (art. 2448 D, as amended by the decree published on 28 August 2024). The cap replaced a 10% limit that had applied only to some rent bands. For increases in 2026 the reference is 3.69%, the annual consumer price inflation for December 2025 published by INEGI, the statistics office (INEGI, 8 January 2026). The code does not say whether 'previous year' means the calendar year or the twelve months before the lease anniversary, and it does not cap maintenance fees or other charges billed separately. On 25 February 2026 (date from news reports) the Supreme Court upheld the cap as constitutional in the same case as the register (SCJN, amparo en revisión 546/2025). A tenant asked to pay more than the cap can refuse the excess and, if sued, rely on the code; because the rule is of public order, a clause allowing more (for example 'inflation plus two points') is treated as not written.

This area is still moving. The city's 'Bando 1', published in the official gazette in July 2025 after protests against gentrification, announced an index of reasonable rents for high-pressure areas, a tenants' ombudsman (Defensoría de los Derechos Inquilinarios) and a Ley de Rentas Justas, Razonables y Asequibles (fair rents law) (Proceso, 19 July 2025). Instead of the law, the head of government first sent a constitutional amendment, received by the city Congress on 23 April 2026: rents could not rise above the previous year's inflation, there would be a right to stay in one's neighbourhood (arraigo), and a public body would defend tenants. On 28 April 2026 it went to two committees (Congreso CDMX), and we found no vote on it as of 2026-10. As of 31 August 2026 the fair-rents law itself had not been sent to the Congress; the head of government said it would go in the session starting in September, without a date, and gives her annual report to the Congress on 14 October 2026 (Proceso, 31 August 2026). Until a law passes and is published, the index, the ombudsman and the fair-rents law are plans, not rules.

In Mexico City a fixed-term lease ends on its end date (art. 2484). The first year is binding on both sides, and the tenant can extend it by up to one more year (art. 2448 C, see Contracts). If the tenant stays on after the term without objection, the lease continues for an indefinite period at the same rent, and a guarantor's obligation ends unless agreed otherwise (art. 2487). An indefinite lease of an urban home ends at the will of either party with written notice, delivered in a provable way, 30 business days (días hábiles) in advance; once notice is given, the tenant must allow viewings (arts 2478–2479). The code gives the tenant no general right to leave a fixed term early: the lease's own break clause and penalty decide that.

The landlord can ask a court to rescind (cancel) a Mexico City lease for unpaid rent, use other than the agreed use, unauthorised subletting, serious damage, or alterations without express consent (art. 2489). The tenant can rescind if the landlord fails to make necessary repairs, if the home is lost or unusable, or for hidden defects (art. 2490). If the tenant cannot use the home for more than two months because of force majeure or repairs, no rent is due for that time and the tenant may rescind (arts 2431–2433 and 2445). Only a judge can order an eviction (lanzamiento).

Since 1 December 2024, new lease cases in Mexico City use the juicio especial de arrendamiento inmobiliario oral (special oral tenancy procedure) of the national Código Nacional de Procedimientos Civiles y Familiares (CNPCF), which replaced the city's own procedure for these cases (declaratoria published in the Diario Oficial). The tenant has 15 days to answer the claim, the hearing is set within 15 days after that and opens with a conciliation stage, and the judge gives the ruling at the hearing. If two or more months' rent is claimed, the landlord can ask that the tenant show rent receipts or court deposit slips; failing that, the tenant's goods can be seized up to the debt (CNPCF arts 520–529). In Mexico City the code applies in stages: tenancy cases first, ordinary civil oral cases from 15 November 2026 (Congreso CDMX, 29 May 2025). Every state must apply it by 1 April 2027 at the latest, and each sets its own start dates.

In Mexico City the landlord must hand over the home in a fit state, hygienic and safe, keep it in good repair (normal wear excepted), carry out all necessary repairs and maintenance for its safety and function, and not interfere with the tenant's use. The landlord answers for hidden defects that existed before the lease (art. 2412). A home that does not meet hygiene and health conditions may not be let (art. 2448 A). The tenant must report needed repairs promptly, or pays the resulting damage (art. 2415), and must fix the small damage that everyday living causes (art. 2444). If the landlord fails to make necessary repairs, the tenant may rescind the lease or ask a judge to decide, and can claim damages (art. 2416). The tenant may not alter the home without express consent (art. 2441) and is liable for fire unless caused by force majeure, a building defect, or spread from elsewhere despite precautions (arts 2435–2436).

The landlord must give a receipt for every monthly payment. If no receipts are given for more than three months, the rent is presumed paid unless the landlord has formally demanded it (art. 2448 E). Rent is paid monthly in arrears unless the lease says otherwise (art. 2448 E), and the tenant pays it from the day the home is received (art. 2426).

Predial (property tax) is legally the owner's tax in Mexico City (Código Fiscal de la Ciudad de México art. 126). In condominium buildings the maintenance fee (cuota de mantenimiento) is owed to the condominium by the owner or occupant; between landlord and tenant, who pays it is set by the lease, and the 2024 cap on rent increases does not cover it. Utilities (electricity, gas, water, internet) are normally in the tenant's charge by contract. In Mexico City estate agents must be certified by the city's economic development ministry and appear in a public register (Ley de Prestación de Servicios Inmobiliarios del Distrito Federal arts 2, 3 and 6); whether a tenant pays an agent's fee is a matter of contract.

Mexico has no municipal address registration of the kind Spain or Germany has. What a tenant needs depends on status. Visitors may stay up to 180 days without paid work (Ley de Migración art. 52), and no law forbids a visitor from signing a lease. Temporary and permanent residents must tell the National Migration Institute (INM) of any change of address within 90 days (Ley de Migración art. 63), so keep the lease as proof. The CURP (population registry code) is printed on residence documents, and an RFC (tax ID) is needed to receive invoices in your own name, but neither is required by law to rent.

By market custom rather than any rule (seen in adverts and press reports, not in a law), Mexico City landlords and agents ask for an official ID (passport and residence card for foreigners), proof of income (payslips or bank statements, often about three times the rent), references, and a fiador or póliza jurídica (see Deposits); the póliza firms run their own screening. A tenant can ask the landlord for a CFDI (electronic tax invoice) for the rent: landlords must issue them for rent received (Ley del Impuesto sobre la Renta art. 118), and the Federal Tax Code says that whoever enjoys the temporary use of property must request one (Código Fiscal de la Federación art. 29). If the landlord sues for unpaid rent, the judge must ask the landlord to show the invoices were issued, and must report it to the tax authority if not (LISR art. 118).

Discrimination: Mexico City's Housing Law says that economic condition, ethnic or national origin, immigration status, age, health, sexual orientation, civil status and other grounds may never be an obstacle to the right to housing. Since 28 October 2025 the list also includes living with children and with 'sentient beings', which is read as pets (Ley de Vivienda para la Ciudad de México art. 4, amended 27 October 2025). The article sets no specific penalty, so how far it overrides a 'no pets' or 'no children' clause has not been settled.

In Mexico City a tenant may not sublet the home in whole or in part, or assign the lease, without the landlord's consent. A tenant who does so is jointly liable with the subtenant for any damage, and unauthorised subletting is a ground for the landlord to rescind (arts 2480 and 2489). If the lease itself authorises subletting, tenant and subtenant answer to the landlord as the sublease says, unless agreed otherwise (art. 2481). If the landlord refuses without good reason a sublet that the tenant was entitled to make, the tenant can rescind (art. 2492). The family members who take over a lease on the tenant's death do not include subtenants (art. 2448 H).

Subletting rooms or the whole flat to tourists for short stays is a separate business: it needs the owner's documents for the city's host register (see For landlords), so a tenant without the owner's written authority cannot register legally. Subletting income is taxable, and only the rent paid to the landlord is deductible (LISR art. 115). A common problem in Mexico City is the 'sublet' offered by someone who is not the tenant at all: ask to see the main lease and the landlord's written consent.

To let a home in Mexico City a landlord needs a written lease of at least one year with the required clauses, a habitable home, rent set in pesos, a deposit of no more than one month, increases no higher than the previous year's inflation, receipts or invoices for every payment, and (once the platform runs) registration of the lease within 30 days (arts 2448 A to 2448 F). A notary is not required.

Income tax on rent is federal and the same in every state. A private landlord must register with the SAT (tax authority), issue a CFDI for each rent payment and make monthly provisional payments by the 17th of the following month; landlords with only rental income up to ten monthly minimum wages may pay quarterly (LISR arts 116 and 118). Expenses can be deducted (property tax, maintenance, water, real interest on a mortgage, insurance, building depreciation), or instead a flat 35% of the rent plus the predial paid (deducción ciega, LISR art. 115). When the tenant is a company, it withholds 10% of the rent as a provisional payment (art. 116). Individuals whose total income from business and letting was up to MX$3,500,000 in the previous year can opt for the simplified regime RESICO, which taxes gross income at 1% to 2.5% (LISR art. 113-E, as of 2026-10). VAT: unfurnished homes let as homes are exempt, but the exemption does not apply to homes let furnished or used as a hotel or guest house, which pay 16% VAT (Ley del IVA art. 20, as of 2026-10).

Short lets in Mexico City are 'estancia turística eventual' under the city Tourism Law (reform published on 4 April 2024). The law requires hosts to register each home in the Padrón de Anfitriones (host register) of the city tourism ministry, show the registration number in every advert, inform neighbours (and the condominium assembly), meet civil protection rules, and report occupied nights in January and July. Platforms must register too. The register took two years to start: the reform gave the ministry 180 days to build it and hosts 90 days from its creation to register, but the online register (estanciaeventual.cdmx.gob.mx) was launched only on 21 May 2026, with an initial 30-day deadline (Expansión, 21 May 2026); the deadline was then extended to December 2026 (El Capitalino, 21 August 2026), and the procedures were formally published in the city's register of procedures on 30 September 2026 (El Heraldo de México, 30 September 2026). Registration lasts one year; under an amendment in force since 4 October 2024 it is not renewed for a home occupied more than 50% of the nights of the year, which can re-register only after a year. From the fourth home, a host needs a commercial-establishment permit (Ley de Turismo arts 61 Bis–61 Octies). The city lodging tax is 5% of the price for flats and houses, paid by the platform when it collects the money (Código Fiscal de la CDMX arts 162–164). Platforms also withhold 4% income tax and half of the 16% VAT (LISR art. 113-A; LIVA art. 18-J). Homes in public housing programmes may not be used for short lets (Ley de Vivienda art. 36 Bis).

Lease disputes go to the civil courts of the state. In Mexico City, since 1 December 2024, new cases follow the special oral tenancy procedure of the national procedure code, and the judge must open the hearing with a conciliation and mediation stage (CNPCF arts 520–529). Mexico City's court system also runs a public mediation centre (Centro de Justicia Alternativa) for civil disputes between private parties; an agreement signed there has the force of a court judgment (Ley de Justicia Alternativa del Tribunal Superior de Justicia para el Distrito Federal arts 5 and 38). Its website blocked our checks, so its current fees and procedures were not verified.

PROFECO, the federal consumer authority, does not handle ordinary leases between a private landlord and tenant. The consumer law covers real estate only when the business is a developer or builder, or for timeshares (Ley Federal de Protección al Consumidor art. 73); PROFECO lost its role in home rentals in the 1990s. In Mexico City the Procuraduría Social (PROSOC) handles condominium complaints (noise, fees, administrators) and offers amigable composición (friendly settlement) on leases of homes in condominium buildings (PROSOC, as of 2026-10). The city's Defensoría Pública (public defender's office) gives free legal advice and, after a means test, free representation in tenancy cases to people who cannot afford a lawyer (Consejería Jurídica, CDMX). The tenants' ombudsman announced in July 2025 does not exist yet (see Rent).

Mexico has no national tenants' union of the European kind. Neighbourhood groups and housing collectives in Mexico City organise around evictions and gentrification, but none has a formal advisory role. For tax questions (invoices, the deducción ciega) the SAT's own services apply.