Renting as a foreigner in Mexico: what the law says

What the federal Migration Law says

Two articles of the Ley de Migración matter here:

• Art. 52 lists the stay categories open to foreigners. A “visitante sin permiso para realizar actividades remuneradas” may stay “por un tiempo ininterrumpido no mayor a ciento ochenta días, contados a partir de la fecha de entrada”. The temporary and permanent resident categories have their own durations. If you hold a visitor stay, a lease longer than your permitted stay is possible in law, but your right to remain in the country is a separate matter from the lease.
• Art. 65 says foreigners “deberán acreditar su situación migratoria regular en el país, en los actos jurídicos en los que se requiera de la intervención de los notarios públicos … en lo relativo a cuestiones inmobiliarias”. It concerns acts in which a notary acts on real estate matters. A residential lease is normally a private written contract (see below), and I did not read a rule that brings it under art. 65.

I searched the National Migration Institute’s (INM) site for a page on what a foreign tenant must provide to a landlord, and found none. For anything about your immigration documents, the INM is the authority; the 180-day stay and residence cards are covered by its procedures, not by tenancy law.

What the state civil codes say about the tenant

Mexico’s civil codes apply to a tenant whatever their nationality. Three examples:

• Mexico City. The written lease must contain, among other things, the names of landlord and tenant, a description of the property and its condition, the rent, the guarantee, the deposit or the guarantor’s details, and the term (art. 2448 F). Rent “deberá estipularse en moneda nacional” (art. 2448 D). The deposit is capped at one month’s rent (art. 2448 E).
• Quintana Roo. The lease “debe otorgarse por escrito” (art. 2682). The parties are free to set the rent (art. 2677). An owner “no puede rehusar como fiador a una persona que reúna los requisitos exigidos por la ley” (art. 2710). The maximum term for a residential lease is ten years, and it can be renewed in periods that do not exceed that limit (art. 2676).
• Jalisco. The lease must name the tenant and “la garantía que deberá otorgar el arrendatario” (art. 2023), and a landlord also cannot refuse a guarantor who meets the legal requirements (art. 1994).

None of these articles list passport, visa or residence card among the contents or conditions of a lease.

Guarantee: what a foreigner can offer

A foreign tenant often has no local credit history or local guarantor. The codes read give a menu: a cash deposit (where permitted, capped in Mexico City), a fiador (a person who answers for the tenant’s debts) that the owner cannot refuse if the person meets the legal requirements, or other forms agreed by the parties. I did not read what requirements the law sets for a guarantor; ask a lawyer in the state concerned.

Consumer protection: do not assume PROFECO covers your lease

The federal consumer protection law, art. 73, applies to real estate acts only when the supplier is a developer, builder, promoter or other person involved in advising and selling homes to the public, or when the right to use property is granted through timeshare. That article does not mention ordinary residential leases. If you have a dispute with a landlord, ask PROFECO and a lawyer whether your situation is covered before assuming that it is.

Payments from abroad

Mexico City requires pesos for the rent. I did not read a rule on currency for other states, and I did not read an official source on how to send rent from abroad. Receipts matter: Mexico City art. 2448 E treats rent as paid if the landlord has issued no receipts for more than three months without a formal demand.

Which professional to consult

A real estate lawyer can check a lease before you sign (real estate lawyer). A licensed agent can handle the search, subject to each state’s rules on agents (real estate agent). Questions about your stay or residence go to the INM, not to the landlord or an agent.