The application of the legal concept of the lease is an essential instrument for most companies in Mexico, where the performance of their obligations, including the payment of rent, may be limited or compromised these days by the various current and future government measures adopted by our authorities with regard to COVID-19`s emergency health measures. This situation will apply to both tenants, who may be prohibited or restricted in the use of the rented property, and landlords whose income may be affected by the possibility that their tenants will apologise for paying rent in the event of a fortuitous or force majeure event. In the event of the death of a tenant or lessor, the lease does not expire and, therefore, the spouse or concubine, the children and other relatives of the tenant have the right to remain under a rental agreement, provided that they have lived on the rental property during the life of the tenant. This provision cannot be waived in the case of a lease. Since Mexico is a Federal Republic of Germany, each of the 31 states has its own lease rules. These provisions are part of each state`s civil code. The provisions relating to leases in Mexico City are contained in the Civil Code of the Mexican Federal District (PDF in Spanish). Tenants in other parts of Mexico should consult the Civil Code for the state in which they rent. Agreements can also be concluded indefinitely. In this case, each party can terminate the contract by giving the other party a 15-day written notice. Leases are generally valid for a period of one year, with different periods that can be agreed upon. The law establishes a tacit renewal for leases – at the end of the contract, the tenant can continue to occupy the property and pay the rent on the same terms as agreed in the original contract.
However, tenants may be asked to sign a new contract at the end of the original contract, which should be carefully reviewed before signing. Once you have agreed on a price and the duration of the lease, you should have a contract with the owner or his representative. If the property is sold during the term of the tenancy agreement, the tenant continues to pay the rent to the new owner for the duration of the contract. However, the new owner can terminate the contract with 30 days` notice. Sublease contract – A tenant who decides to rent his space for the remainder of his housing contract. My rental property has an ever-increasing coverage of mold. This is caused by a roof leak covered with mold spores. The owner refuses to make repairs and handed me a plastic bottle and told me to wash the walls with bleach. I can`t sleep in both rooms because of the mold and I`m in trouble all the time. Do I have the right to terminate the lease and get my double deposit back? Historically, the law in Mexico has favored the tenant.