# Renters rights in mexico



## NCas

Since moving to Baja I have had some issues with the apartment I’m currently renting. The first one was that rent had to be paid in dollars, at first I was hesitant but notice that most places here are advertised that way. From what I could tell there is no law indicating that rent has to be in pesos and there is no law that says you can’t charge in a foreign currency so it’s kind of a grey area. From what the locals say that a lot of politician’s own property and rent it out in dollars which is way they aren’t really motivated to change the status quo. 

The owner of the property just increased the rent by five percent which is understandable, however, she also wants me to match the deposit and the extra deposit from not having an aval to that same amount. I’ve been feeling like they trying to take advantage. I’ve been searching online for renters right so that I can figure out what they can and can’t do with little to no success. I’ve have had other issue with the current place where the owners has caved and other issues where I’ve lost. I know it might just be easier to move out, but that does not guarantee that the next place I move to will be any different. 

I would like to know what my rights are as so at least I know what owners can and can’t do. I’m not sure if it varies by state or if there is a Federal law which stipulates this. Has anyone had any experience with this or can point me in the right direction?


----------



## chicois8

I believe that all legal contracts in Mexico must be in pesos, I would think a lease / rental agreement would be considered a legal contract so what does your lease state?

Tenants Rights? Welcome to Mexico.........


----------



## NCas

chicois8 said:


> I believe that all legal contracts in Mexico must be in pesos, I would think a lease / rental agreement would be considered a legal contract so what does your lease state?
> 
> Tenants Rights? Welcome to Mexico.........


Lease does state US Dollars and the deposit is also stated as dollars. It's one of those things that in the absence of the law stating otherwise then it's okay to do. The owner is actually Mexican American from what the manager has told me. The owner lives in Los Angeles and drives down here to sign papers and collect the cash. They actually own several properties in the TJ area.


----------



## TundraGreen

Searching for "derechos de inquilinos mexico" brings up a lot of hits but many of them are Spanish versions of tenant rights in the US. However, I did see one page that appears to talk about rights in Mexico.

CAPITULO III - De los derechos y obligaciones del arrendatario


----------



## NCas

TundraGreen said:


> Searching for "derechos de inquilinos mexico" brings up a lot of hits but many of them are Spanish versions of tenant rights in the US. However, I did see one page that appears to talk about rights in Mexico.
> 
> CAPITULO III - De los derechos y obligaciones del arrendatario


Thanks for the link. I'll give it a read when I get home.


----------



## perropedorro

chicois8 said:


> I believe that all legal contracts in Mexico must be in pesos, I would think a lease / rental agreement would be considered a legal contract so what does your lease state?
> 
> Tenants Rights? Welcome to Mexico.........


I've heard that lots of contracts in Mexico are written in dollars-- usually for the really well-paid employees like the #10 professional fútbol player, corporate execs, actors, and rockstars. For high-end real estate aimed at more well off expats, rents and purchase prices are often quoted in dollars. Renters' rights-- sorta like the Chupacabra. They might get talked about, but only exist in peoples' imagination.


----------



## AlanMexicali

The legal aspect is a lease can be written in dollars but should be paid in pesos at the Bank of Mexico rate of exchange for that day. In other words if the peso is up you pay less than when the USD is up to the peso in peso equivalent. That makes sense since the exchange rate fluctuates during the lease term.


----------



## NCas

AlanMexicali said:


> The legal aspect is a lease can be written in dollars but should be paid in pesos at the Bank of Mexico rate of exchange for that day. In other words if the peso is up you pay less than when the USD is up to the peso in peso equivalent. That makes sense since the exchange rate fluctuates during the lease term.


I've searched thru forums on Mexican websites regarding this specially at border cities like Tijuana. Nearly everyone who lives here says that ethically it's not right, but between lawyers and lawmakers there is no consensus. The landloards who I've spoken to make it clear that the rent has to be paid in dollars if that is what the owner of the property wants. 

I supposed someone could try to fight this in a court, but even then the owners may give you your months notice to vacate. Since the legality is not clearly express then there is no reason to even try to hide it. I don't know if it's the same situation for other border cities like Nuevo Laredo, but I would not be surprise if this was going on there as well. 

It's really a shame that things like this go on which make it difficult to have a budget. Not knowing exactly how much you'll be paying for rent can be stressful as a tweet from the president Trump can send the Mexican peso tumbling resulting in having to pay more for rent that month. I'll be looking for a new place to live after my lease expires in September of this year. Hopefully I'll get lucky and find a great place that checks off all the right boxes for me.


----------



## Bobbyb

Legal rights mean nothing. The odds of you getting satisfaction are ZERO. Time to move on.


----------



## dwwhiteside

Actually, renters in Mexico have some substantial rights. https://www.globalpropertyguide.com/Latin-America/Mexico/Landlord-and-Tenant. In fact, it can be very difficult for a landlord to evict a tenant even when the tenant stops paying the rent. Now, I am not suggesting that you stop paying; that could come back to haunt you if you try to rent a different property and they want a reference from your previous landlord. But, it might be worth consulting an _abogado_ to determine exactly what rights and recourse you have.


----------



## Isla Verde

dwwhiteside said:


> Actually, renters in Mexico have some substantial rights. https://www.globalpropertyguide.com/Latin-America/Mexico/Landlord-and-Tenant. In fact, it can be very difficult for a landlord to evict a tenant even when the tenant stops paying the rent.


A couple of years ago, the owner of the one of the apartments in my small building asked one of his tenants to leave. The tenant had become undesirable after many years of living here due to his alcoholism and trashing of the apartment. He stopped paying his rent and continued to live here. It took the landlord over a year before the police showed up one day and showed him eviction papers. Then his belongings were removed from the apartment and left out on the street. It was quite a show!


----------



## NCas

dwwhiteside said:


> Actually, renters in Mexico have some substantial rights. https://www.globalpropertyguide.com/Latin-America/Mexico/Landlord-and-Tenant. In fact, it can be very difficult for a landlord to evict a tenant even when the tenant stops paying the rent. Now, I am not suggesting that you stop paying; that could come back to haunt you if you try to rent a different property and they want a reference from your previous landlord. But, it might be worth consulting an _abogado_ to determine exactly what rights and recourse you have.


Wow thanks for the information. No, I'm not going to stop paying my rent this is just the first owner who seem to take advantage and I'm not sure how far they might go. When I was first shown the apartment it was not ready as some of the painting and cleaning was still needed to be done. It was about a week and a half from being able to move my things and assure me that it would all be done by the time I arrived as I was moving from another state. I gave them a check and paid the deposits and they handed me the keys. When I arrived with my things the apartment was in exactly the same condition. That was just one of a few so call misunderstandings between the owner, management, and that I had to go thru.


----------



## Isla Verde

NCas said:


> Wow thanks for the information. No, I'm not going to stop paying my rent this is just the first owner who seem to take advantage and I'm not sure how far they might go. When I was first shown the apartment it was not ready as some of the painting and cleaning was still needed to be done. It was about a week and a half from being able to move my things and assure me that it would all be done by the time I arrived as I was moving from another state. I gave them a check and paid the deposits and they handed me the keys. When I arrived with my things the apartment was in exactly the same condition. That was just one of a few so call misunderstandings between the owner, management, and that I had to go thru.


Misunderstandings? IMO, that's much too polite a word to describe the behavior of your landlord and her lackeys! Maybe it would be a good idea to look for another place.


----------



## NCas

Isla Verde said:


> Misunderstandings? IMO, that's much too polite a word to describe the behavior of your landlord and her lackeys! Maybe it would be a good idea to look for another place.


I'm with you on that. I've been really busy so I have not been able to properly look for a new place. When my lease expires in September I'll definitely be somewhere else. lane:


----------



## tjmarcos

I've lived here in Tijuana since 2000. I've been lucky to have the same landlord the whole time. I've always paid in dollars and the reason is the volatility of the peso. in 2000 it was 10 pesos to the dollar. Today it's 19 to the dollar. 

Second of all, why piss off your landlord? No matter what, you won't win in the end. The deck is stacked in there favor.


----------



## dambikr

I always get this answer when no one can figure out the real answered question..." Well that's Mexico"!


----------



## Meritorious-MasoMenos

dwwhiteside said:


> Actually, renters in Mexico have some substantial rights. https://www.globalpropertyguide.com/Latin-America/Mexico/Landlord-and-Tenant. In fact, it can be very difficult for a landlord to evict a tenant even when the tenant stops paying the rent. Now, I am not suggesting that you stop paying; that could come back to haunt you if you try to rent a different property and they want a reference from your previous landlord. But, it might be worth consulting an _abogado_ to determine exactly what rights and recourse you have.


This one gave me a chuckle. I repeat my upvote to Citlali's description of Chiapas: "This is one of the truest posts I've read on this site on the real Mexico. Obviously, the situation is much different in much of Mexico, but the reality you captured is one that all Mexicans but few expats understand: Mexico's "rule of law" is a polite fiction."


----------



## Meritorious-MasoMenos

Isla Verde said:


> A couple of years ago, the owner of the one of the apartments in my small building asked one of his tenants to leave. The tenant had become undesirable after many years of living here due to his alcoholism and trashing of the apartment. He stopped paying his rent and continued to live here. It took the landlord over a year before the police showed up one day and showed him eviction papers. Then his belongings were removed from the apartment and left out on the street. It was quite a show!


The reality is it wasn't worth the money to the landlord to go to the local gov't or local police and offer an "incentive" for a quick eviction. Also, local judges are routinely paid off for favorable decisions.


----------



## WintheWin

tjmarcos said:


> I've lived here in Tijuana since 2000. I've been lucky to have the same landlord the whole time. I've always paid in dollars and the reason is the volatility of the peso. in 2000 it was 10 pesos to the dollar. Today it's 19 to the dollar.
> 
> Second of all, why piss off your landlord? No matter what, you won't win in the end. The deck is stacked in there favor.


Paying in USD because of the peso volatility? The only clear winner there is the landlord.

If you pay rent in pesos, but you earn USD, historically, you will always be in the clear.

If you pay rent in USD... you are guaranteed to pay "more" with time, as the peso devalues.

in Baja Norte, I think there is a special provision, where services can be offered/advertised in USD. I had a complaint about this when in TJ, having a lot of services/products quoted in USD.

As soon as you look at them strangely, and tell them you only have pesos "cuz you mexican," the prices magically come way down.

Your landlord has you good.


----------



## NCas

WintheWin said:


> Your landlord has you good.


I believe they have other properties they own as well so I'm sure they are doing very well. It's really unfortunate that it is allowed to happen, but like I mentioned it is known by the locals that politicians also own several properties in the state where they also like receiving dollars for rent. I pay my utilities separate from the rent so it's all in peso. I usually pay my water bill way ahead of time was this makes it easy since I can forget and I get a small discount. Gasoline and propane have gone way up since I arrived, but I think that is all over the country.


----------



## WintheWin

NCas said:


> I believe they have other properties they own as well so I'm sure they are doing very well. It's really unfortunate that it is allowed to happen, but like I mentioned it is known by the locals that politicians also own several properties in the state where they also like receiving dollars for rent. I pay my utilities separate from the rent so it's all in peso. I usually pay my water bill way ahead of time was this makes it easy since I can forget and I get a small discount. Gasoline and propane have gone way up since I arrived, but I think that is all over the country.


I live in Mexicali, generally you can find many dwellings that charge in pesos.

The USD is less prevalent here, than in my forays into TJ/Ensenada, so I can't comment on those housing situations.

Generally speaking though, there has to be a place that charges pesos and not USD, and is still in a nice neighborhood.


----------



## enlguy

Meritorious-MasoMenos said:


> The reality is it wasn't worth the money to the landlord to go to the local gov't or local police and offer an "incentive" for a quick eviction. Also, local judges are routinely paid off for favorable decisions.


I know this is an old thread, but I'm in a surprisingly similar situation as the OP, down to the "forgotten" repairs that were promised to be done before move-in, and then having to argue with the guy for a week to get the place cleaned at all as the workers had left it a MESS (dried piss all over my bathroom with pubes everywhere, rotting **** in the fridge). I already sat down with him a month ago to negotiate the termination of the contract as things hadn't gotten so much better (something else breaks here almost every week), but he insisted on a strict penalty and wanted me to stay.

Well, end of last week, due to issues with the neighbors he had promised to address a month ago, I lost my job. Now I'm not paying rent, and he's demanding I leave ASAP. I've explained to him the same thing I did a month ago after I had been warned about my job - I have nowhere else to go, and now we're in a bad situation I did all I could to avoid. 

Now, I've heard similar to the earlier poster on this - it can take a year to get an eviction, and locals here have told me not to worry as he can't / won't do anything. He did come to my door to scream at me over the weekend, and sent a lawyer yesterday who was just being absurd and asking me to pay or leave, to which I had to repeat over and over I can't. 

I'm trying to reach a lawyer, but hasn't been so easy here. I'm in CDMX, but not sure that changes anything. Basically, it sounds like I can live here rent free until I get another job and find a new place, based on the way the law works here, but this mention of a "incentive for quick eviction" has me worried. Is "quick" the one year thing here (someone else mentioned that on a different site), or is it possible he'll pay someone off to have them come much more quickly? 

I've also been told by others that squatters are NEVER evicted because it's just impossible to do here. So.. not sure what to believe now, or how to approach this, but I have an anxiety disorder and have already been in bad health, so this is becoming a crippling amount of worry for me to not know what's what. I already offered the landlord a proposal of partial payment as I continue to look for new work, and that's when he sent the lawyer, so he doesn't seem to be looking to cooperate on a rational plan forward.

Thank you for input.


----------



## citlali

If the lease is in dollars and you agreed to it then good luck.. Just move to another place and the next time have them write the lease in pesos. In the Lake Chapala area many leases are in dollars so it is not only on the border. It is up to the renter to accept it or not. In Guadaljara you have to have an aval to rent as well. It can be a little crazy. A young man we have known since he was a baby ask me if I could give him an aval on a place he wanted to rent. In this case it was a question of guarrantying th erent with our house in Ajijic. Well the owner refused to rent to him because he wanted a guaranty on a Guadaljara property and not on a Ajijic property.. Things can be strange sometimes. In his case he wanted to rent a place to have his businessnand he is indigenous so I figured some discrimination was going on as the place was in an upscale area but we really never found out what the problem was. He moved on and openened his business in Merida without an aval..
Just move on to a place that will do what you want.


----------



## AlanMexicali

enlguy said:


> I know this is an old thread, but I'm in a surprisingly similar situation as the OP, down to the "forgotten" repairs that were promised to be done before move-in, and then having to argue with the guy for a week to get the place cleaned at all as the workers had left it a MESS (dried piss all over my bathroom with pubes everywhere, rotting **** in the fridge). I already sat down with him a month ago to negotiate the termination of the contract as things hadn't gotten so much better (something else breaks here almost every week), but he insisted on a strict penalty and wanted me to stay.
> 
> Well, end of last week, due to issues with the neighbors he had promised to address a month ago, I lost my job. Now I'm not paying rent, and he's demanding I leave ASAP. I've explained to him the same thing I did a month ago after I had been warned about my job - I have nowhere else to go, and now we're in a bad situation I did all I could to avoid.
> 
> Now, I've heard similar to the earlier poster on this - it can take a year to get an eviction, and locals here have told me not to worry as he can't / won't do anything. He did come to my door to scream at me over the weekend, and sent a lawyer yesterday who was just being absurd and asking me to pay or leave, to which I had to repeat over and over I can't.
> 
> I'm trying to reach a lawyer, but hasn't been so easy here. I'm in CDMX, but not sure that changes anything. Basically, it sounds like I can live here rent free until I get another job and find a new place, based on the way the law works here, but this mention of a "incentive for quick eviction" has me worried. Is "quick" the one year thing here (someone else mentioned that on a different site), or is it possible he'll pay someone off to have them come much more quickly?
> 
> I've also been told by others that squatters are NEVER evicted because it's just impossible to do here. So.. not sure what to believe now, or how to approach this, but I have an anxiety disorder and have already been in bad health, so this is becoming a crippling amount of worry for me to not know what's what. I already offered the landlord a proposal of partial payment as I continue to look for new work, and that's when he sent the lawyer, so he doesn't seem to be looking to cooperate on a rational plan forward.
> 
> Thank you for input.


Once a renter recieves an eviction notice they have 90 days rent free to find another place by law. After 90 days the owner or police can forcibly move your stuff to the sidewalk and change the locks. 

Squatters' laws are that if you pay the electric bill and improve the property and the owner doesn't get the police to force you out for 2 years you can claim ownership in a court of law and get the title in your name maybe - depends. If an owner really wants you out immediately a couple of local youth gang members etc. can be paid to visit you. 

I personally have paid a lawyer twice to immediately remove 2 different sets of squatters and the first time he brought the municipal police. The second time the squatters had the house painted pink and the electric in their name but only had been in there for 3 months. My lawyer went with the police. The police talked to them - 2 families with children - and declined to force them out. The lawyer went and brought back 2 army trucks full of soldiers. They removed them within 3 1/2 hours. The police blocked off the road for them the whole time and police car/truck after police car/truck drove by to watch. All legal.


----------



## enlguy

So... I should have several months to find a new place? 

The caveat is that if he decides to pay off police, they could come today, is that what I'm understanding?

I hear different things from every person I ask - one lawyer said he has to take me to court and there's a trial, someone else said it will take a year don't even worry, someone else advised me that he might come and try to shut of electric and water on me if I don't agree to leave soon... It's really difficult to make a decision when literally every single person tells me something different.


----------



## enlguy

This is trickier now because a local convinced me of a worst possible scenario, and I wrote to the landlord shaking (I have an anxiety disorder, which in situations like this, certainly doesn't help me) to ask if he'd leave me in peace if I will agree to leave at the end of the month. He said he will put this in writing for me to sign tomorrow. I don't have reliable income at this point, I can't find another place (more deposits, polizas, garbage without an aval being newer here), and was really planning to use the time it would take for this to move to court to find new work, save some money, and go from there when things are cheaper after summer holidays.


----------



## AlanMexicali

Legally you have 90 days from the last paid period to find another place if you have a registered rental agreement. If no rental agreement you might only have what the owner gives you to vacate. I don't know. Yes, he can hire thugs to visit you. Probably more common a couple of decades ago but probably still common in many areas.


----------



## enlguy

He doesn't seem like the type, he sent a lawyer the other day, and has a daughter, but understood.

I have a one-year agreement. Someone on a different site mentioned the contract isn't even valid because I'm on a tourist stamp and can't sign long-term agreements here, but I know nothing more about that (and he hasn't clarified). The contract is executed by both parties, so... I would think it's a legal document at this point. 

Maybe I'll see if he'll give me more time, but he's already starting to not play so nice (he has always communicated rather openly with me, and ALWAYS in English, and his last message was very terse and in Spanish).


----------



## RVGRINGO

If you are a tourist, you cannot work in Mexico. I am sure that you know that.
It looks like it is time for you to leave the country; perhaps for your own safety, but also to avoid getting into trouble for working illegally. You could lose more than your belongings if you keep doing "the wrong thing".


----------



## eastwind

My lawyer told me that a lease should be celebrated by a notary - for which there is a steep fee (I think she said the standard was 2 month's rent). So that would imply a lot of leases aren't celebrated. Whether that makes them less enforceable or not I wouldn't know, but I suspect it does - how is the landlord going to prove you signed the document if your signature wasn't witnessed by a notary? 

In my case, she gave me a "discount" and I suspect simply didn't register it. Eventually, after 4 years, there was a little bit of trouble getting the security deposit back. I talked to her, she called the apartment manager, and it got worked out. 

With my lawyer having drawn up the lease and witnessed the signatures of both the landlord and me, I think if we'd needed to go to court to sort out the security deposit I would have been in a good situation - it wouldn't be he said / she said, because she's a reliable third party witness to the whole deal. But who knows. All's well that end's well.


----------



## citlali

yes it is a good idea to have a witness or two for the signature if you want to prevail more or less quickly in court. At least that was what I was told by a court.


----------



## rodcaroca

Hello,

Just arrived in Playa Del Carmen. We have a site with two houses. Our Property Manager was living in one and with their rent being subsidized for managing the property and renting out the other casita on the property. Long story short, we arrive and they have not done a good job of maintaining the property. Now they say they have renters rights to stay for at least two months. I want them out ASAP and believe I can do so so they are fired from their job as property manager. Any insights as to what I can do or who I can talk to?


----------



## eastwind

You need a lawyer. But if they are willing to agree in writing to leave in two months, I'd take that. If you try to force them out, they can easily tie you up in court for much longer. But get it in writing so they don't just take the two months and then tie you up in court. The problem is going to be they'll likely trash the place on the way out, regardless.


----------



## AlanMexicali

They have the right to stay for 90 days after you serve them with an eviction notice and do not need to pay any rent for those 90 days. If you do not get an eviction notice sent to them they castay rent free until you get one. This is a federal law. If they say they have 60 days and no eviction notice is sent to them I might guess they will stay until you follow the law and not take their word for it that they will move out.


----------

