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Renting in Mexico: one year fixed, a deposit or a fiador, and a law that differs per state

You can rent from day one, on your passport, and it is the way to get through the first year without tying up your capital. The rules are not in one federal law but in the civil code of the state you live in. Mexico City's says: at least one year, the rent raised at most once a year, a written contract with the deposit or the guarantor in it, and thirty working days' notice when there is no end date.

5 min readLast updated:

Yes, you can rent in Mexico from the day you land, on your passport and without a residence card, and that is the idea: the first year you rent, you get to know the area, and only then do you buy. What it costs up front depends on the landlord, because the law leaves the security open: a deposit, or a fiador, a guarantor. The trap is that there is no Mexican tenancy law. Every state has its own civil code, and what follows comes from Mexico City's, the most detailed. If you live in Jalisco, Quintana Roo or Yucatán, you read that state's code, and it differs.

How long am I tied in?

Article 2398 of the Mexico City code says the lease of a home may not be shorter than one year, and article 2448 C makes that year binding on both parties. After that the tenant, if the rent has been paid on time, may extend for one more year at their own request, unless the contract agrees otherwise.

The federal code says something else: there you only find a maximum of ten years for homes, no minimum. That difference is exactly why you read the code of your own state. A six-month contract is void on that point in Mexico City, elsewhere perhaps not.

How much can the rent rise?

Article 2448 D: the rent is agreed in pesos and may be raised at most once a year. The article also limits by how much; that limit has been amended over the years, so ask for the current text when you sign. A contract in dollars, which happens on the coast, is therefore contrary to the law in Mexico City.

What has to be in the contract?

Article 2448 F: the contract must be in writing, and if that is missing it is held against the landlord, not you. It must contain at least:

Item What the law requires
Parties and property names of landlord and tenant, address, detailed description of the property and its condition
Rent amount and place of payment
Security the security, "where applicable", and the amount of the deposit or the details of the fiador
Purpose the express statement that it is for housing
Term the term of the contract
Authority in what capacity the landlord signs, with the details of the document that proves it

That last line is the most important one for a foreigner: ask for proof that the landlord owns the property or may let it, and read it.

What is a fiador, and what if I don't have one?

The code names in article 2448 F two forms of security side by side: a deposit (depósito) or a fiador, someone who stands surety for your rent with their own assets. Which of the two the landlord asks for, and how much, the law leaves open. Whoever has just arrived has no fiador with property in the same state; so expect to work with a deposit, and discuss that beforehand. Have the amount written into the contract, because the law expressly asks for it.

What rights do I have as a tenant?

  • A receipt every month. Article 2448 E obliges the landlord to give a receipt for every payment. Keep them: together with the contract they are your proof of address.
  • Right of first refusal on sale. If the owner sells the property, they must notify you of the price and conditions and you have thirty days to say you will buy it yourself (article 2448 J).
  • The contract does not end on the death of landlord or tenant (article 2448 H).
  • Termination without an end date. A lease without an agreed term ends by written notice thirty working days in advance, says article 2478 of Mexico City; the federal code names fifteen days in the same place. Here too: read your own state.
  • Termination by the landlord is possible for non-payment, use other than housing, subletting without consent or serious damage (article 2489).

The contract is more than a rental contract. Together with a utility bill in your name it is the proof of address that the bank must put in your file and that the INM and the tax office ask for. An informal arrangement without paper may save a month's deposit, and costs you every registration afterwards.

What do I do with the address?

Two things. Once you have the residence card, your address is a fact the INM knows: article 63 of the migration law obliges you to report every change of address within ninety days. And the bank must put your "home address at your place of residence" in the identification file, complete with street, number, colonia, municipality and postcode. The rental contract is the document for that; how the rest of that chain runs is in the article on CURP, RFC and registration.

What deliberately isn't here: what rent costs per city. That varies by neighbourhood and by year, and the cost indication for Mexico works it out from your choices.

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What this rests on

The facts in this article come from these official pages. Rules change — when in doubt the source is leading, not this article.

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