Legal Question in Landlord & Tenant Law in Mexico

I am leasing a house in Nuevo Laredo, M�xico. We signed a contarct for one year (month in advance and month in deposit). I am late this month and the landlord wants me to move out of the house and has threatened to initiate legal action. The contract has a cancellation clause for three months of no payment. Also there is a clause of 5% monthly penalty for late deposits.

Will you please advice if there is the possibility to be evicted for the cause mentioned,

Thank you


Asked on 9/29/09, 9:55 am

1 Answer from Attorneys
Joaquin Nolet Baja Business Law

Assuming the house is being rented as a dwelling, for an eviction the landlord needs to file a court action. The court will automatically give course to the action if a three-consecutive unpaid months are claimed. The court official (server of process), called actuario, will show up at your place with a copy of the court filling. Subsequently they will attach some property to secure payment. Then you will have the chance to show in court that you are only one month behind. The action will then be dismissed.

There is a chance that someone will try a dirty trick by which you might find yourself evicted before being three months behind. This however, is the rare exception and requires some investment in the part of the landlord. You will probably have to check the judicial bulletin on a daily basis to ensure there is no proceedings against you.

Good luck!

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Answered on 9/29/09, 11:48 am


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