Rights and Obligations

According to the Civil Code, the following rights and obligations apply:

Landlords must:

*provide use of the rented property to the tenant

*maintain the property in good condition so that the tenant may use it 

*pay for major repairs for example, structural repairs and maintenance of the property’s common areas

*pay for improvements to the property

*guarantee the peaceful use of the property, particularly in the case where another party sues, arguing a superior right to use the property. If such a suit is brought, the landlord must protect the tenant, and compensate the tenant if necessary

*be responsible for hidden defects on the property

*return any balance owing to the tenant within 30 days after the contract expires unless specified otherwise in the contract

*offer right of first refusal to tenants of more than three years in good standing if the property is put up for sale, although many contracts explicitly waive this possibility

Tenants must:

*pay rent according to the terms of the contract; the law specifies certain extraordinary circumstances in which payment of rent may be suspended

*maintain the property in good condition, and undertake minor repairs resulting from damage caused by normal use

*refrain from activities (like excessive noise and in some buildings smoking) that may disturb the neighbors which are usually specified in the condominium rules

*use the property only as stated in the agreement and the condominium rules

*notify the landlord if major repairs are necessary

*pay any balance owing to the landlord within 30 days after the contract expires unless a different time is specified in the contract

Provisions concerning rental agreements in Mexico City are contained in the Civil Code of Mexico’s Federal District (PDF in Spanish). Tenants elsewhere in Mexico should consult the Civil Code for the state in which they are renting.

The process of buying, selling or renting any type of property or land is regulated at a state level in Mexico. While some procedures in the property purchase process may be identical in all states, others may differ. This page gives an overview of what is involved in buying a property in Mexico, prepared by certified real estate agents who are experts in the Mexico City property market. It contains advice that should not be considered a legal document nor should it imply any liability for its authors in case there are some discrepancies with the processes involved for the sale or rental of a property. It should also be noted that for particular practices and requirements in areas other than Mexico City, advice should be sought from professionals familiar with the property market in that state.

Information provided by Carmella Peters-Romero, Vanessa Kerr and Hector Romero of Peters & Romero Bienes Raíces, Tel: 55 3713 0985 / 55 6708 4772 / 55 4341 3131