The specific documents you need to enter into a rental agreement depend on your landlord or the process your agent uses. However, it is not set in stone. In general, however, you must prove your residency status, identity, and livelihood to cover your expenses and pay off any outstanding debts. Historically, in Mexico, the law has favored the tenant. It takes time, effort and legal fees to distribute existing tenants. Evacuation requires termination at the end of a contract, failing which the fixed-term lease will be transformed into a lease of indefinite duration. Fortunately, in accordance with the provisions in force, in force since 19 October 1998, the contract can be terminated subsequently with a period of 15 days. There is no reason on the part of the owner to resign. However, the problem is that if, despite the landlord`s notification, the tenant remains in possession after the contract is terminated, the lessor must go to court to request eviction. A lawsuit and enforcement of a final order to terminate the rental agreement, evict property, and/or forfeit rents can take up to several years in highly controversial one-year cases (if the tenant does not resort to adequate defenses). The average duration of the dispute is about eighteen months. As an expat in Mexico, asking for a diplomatic clause in your long-term lease can be a good idea.
If your situation were to change, which would cause you to break the lease due to your employment in Mexico or immigration issues, you might want an agreement in the contract. Although there are laws protecting tenants and property owners, Mexican rental agreements are few, so a lease is somewhat open to negotiations between the landlord and tenant. Typically, leases last from six months to a year, although you may be making another deal. Once your lease expires, you can continue to use the property in case of tacit renewal, which means that the tenant can continue to pay the rent and remain on the land when the contract expires. Ideally, both parties should agree on the renewal of the contract within 15 days of the lease expiring. A penalty for the duration of the breach of contract applies unless the contract includes an exit or diplomatic clause. This amount corresponds to half of the amount due for the remaining months. For example, if there are 10 months left before the expiration date, a five-month rental month would apply. The Civil Code establishes the circumstances in which tenants may leave or withhold rent, for example.B. if the lessor does not fulfil the obligations provided for in the contract.
The rental market in Mexico is not regulated, so there is no standard contract form, although the Civil Code sets out the rights and obligations of owners and tenants. Landlords can simply choose a rental agreement template online and use it. Agents probably have their own standard contract, which is used for all the rents they represent. In the event of the death of the tenant, the tenant`s spouse or spouse, children or any other parent have the right to remain in the lease until its expiry, provided that this property is considered their domicile during the tenant`s occupation. In the event of the death of a tenant or lessor, the lease does not stop and, therefore, the tenant`s spouse, children and other relatives have the right to remain with the lease, provided that they have lived in the building during the tenant`s lifetime. It is not possible to waive this provision for residential real estate rental contracts. The use of the legal concept of the lease is an essential tool for most companies in Mexico, where the fulfillment of their obligations, especially the payment of rent, can today be limited or compromised by the various current and future government measures taken by our authorities with regard to health contingencies derived from COVID-19. . . .