Civil Code Reform in Nuevo León – Residential Lease Updates

Source: Official Gazette of the State of Nuevo León, September 26, 2025, Decree No. 107 (effective September 27, 2025). Amendments to Articles 2346 and 2346 Bis of the Civil Code of the State.

Key provisions (residential lease contracts)

Minimum term: 6 months for both parties; extendable by mutual agreement (Art. 2346 Bis).

Currency: Rent must be agreed in Mexican pesos (Art. 2346 Bis).

Rent increases: Only allowed annually, capped at 10% of the agreed monthly rent; requires execution of a new contract (Art. 2346 Bis).

Security deposit: May not exceed one month’s rent (Art. 2346, final paragraph).

Receipts: The landlord must issue a receipt for each monthly payment. If no receipts are issued for more than 3 months, rent will be presumed paid unless the landlord makes a timely formal demand; verifiable payment proofs (e.g., bank transfers) qualify as valid receipts (Art. 2346, paragraphs 2 and 3).

Temporal scope

Applies to contracts signed on or after September 27, 2025, and to renewals/extensions executed thereafter. It is recommended to align existing contracts upon renewal.

Risks and consequences of non-compliance

Clauses contrary to law: May be null or unenforceable (e.g., deposits exceeding one month; increases above 10% or more than once a year; increases without a new contract; rent in foreign currency; terms shorter than 6 months).

Tenant claims: Refund of deposits or unlawful charges; nullity of rent increases; damages; defenses in eviction proceedings (e.g., failure to issue receipts, unlawful increases).

Presumption of payment: Lack of receipts for more than 3 months favors the tenant unless the landlord issues a timely demand.

Procedural and reputational costs: Longer collection timelines and increased risk of losing eviction or rent recovery lawsuits if the contract fails to comply with the reform.

Immediate recommendations

Update templates and processes: Minimum term of 6 months; rent in MXN; annual increase policy (≤10%) with preparation of a “new contract”; deposit capped at one month; issuance of monthly receipts.

Portfolio audit: Identify contracts requiring addenda or renewal to ensure compliance.

Payment evidence: Enable bank-based payment methods and receipt systems; implement formal demand protocols in case of non-payment to avoid adverse presumptions.

Training for leasing/collections teams and system adjustments.

For further information or personalized advice, please contact our Real Estate Law team at our Monterrey office.

Real Estate Law

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