Security deposits on rentals in Mexico: state rules

Mexico City

The Mexico City civil code, chapter on urban buildings let as homes, sets two rules that bear on deposits:

• The cap. Art. 2448 E: the landlord may not demand more than one month’s rent as a deposit. The chapter is declared non-waivable by art. 2448, so a contract that asks for two months is not saved by the tenant’s signature.
• The contract must say it. Art. 2448 F lists the minimum content of the written lease, including “el monto del depósito o en su caso los datos del fiador en garantía”. The deposit and a guarantor are therefore presented as alternatives or complements that must be written in the lease.

What the chapter does not state, in the version read: a deadline for returning the deposit, or a list of lawful deductions. A general rule in art. 2422 applies when a lease ends: if there is a balance in the tenant’s favour, the landlord must return it immediately, unless he has a right to exercise against the tenant, in which case he must deposit the balance with the court. That article speaks of a “saldo” generally; the code does not say it is specifically about the security deposit, so do not read more into it than that.

Jalisco

In the lease chapter of the Jalisco civil code (the version dated 24 June 2026 on the Congress’s library), I searched for deposit rules and found none for housing. What the code does provide:

• Contents of a lease of real property (art. 2023). The contract must state the parties, a detailed description, the installations and their condition, “la garantía que deberá otorgar el arrendatario”, the use, the term, who pays water and other utilities, and additional obligations. The article adds that a missing item does not invalidate the contract.
• Landlord’s duties. Among them, to return to the tenant any balance in the tenant’s favour at the end of the contract and to hand over receipts for rent (art. 1995, items VIII and IX).
• Tenant’s duties. When the lease ends, to hand over the documents showing that utility bills are paid, unless otherwise agreed (art. 2005, item VII).

Art. 1994 also says a landlord “no puede rehusar como fiador” a person who meets the legal requirements. The “garantía” can be a cash deposit, a guarantor or something else; the code leaves it to the parties. The cap in Jalisco’s article 2041 concerns the rent itself for lower-value homes, not the deposit: see rent increases.

Quintana Roo

Quintana Roo covers Cancún, Playa del Carmen, Tulum and other resort areas where foreigners often rent. In the lease chapters of its civil code (last version on the Congress’s site dated 7 September 2026), art. 2677 says the parties have “la más amplia libertad de contratación en cuanto a la fijación del monto de la renta”. The chapter on urban buildings (arts. 2709 and 2710) deals with habitability and says an owner “no puede rehusar como fiador a una persona que reúna los requisitos exigidos por la ley”. I found no provision capping or regulating a deposit. In practice that leaves the amount, the conditions and the return date to the lease.

Reading a deposit clause

Where the law says little, the written contract carries the weight. Points worth reading before you pay:

1. Amount, expressed in pesos or in another currency. Mexico City requires the rent itself to be in pesos (art. 2448 D). I did not read the same rule in Jalisco or Quintana Roo.
2. Purpose. Which unpaid items may be deducted (rent, repairs, utilities).
3. Return date. A fixed number of days after you hand back the keys.
4. Inventory. A written description of the property’s condition at entry. Mexico City’s art. 2448 F requires a “descripción detallada” of the property and of its condition. Jalisco’s art. 2023 does the same.
5. Receipt. Ask for a receipt for the deposit; both Mexico City and Jalisco oblige landlords to give rent receipts.

Which professional to consult

For a deposit dispute, a real estate lawyer in the state of the property (real estate lawyer). Mexico City tenants can read the Mexico City rental rules first.