Eviction in Mexico City: Tenant Rights and the Court Process
What a landlord must do to remove a tenant in Mexico City, what a landlord may not do on the way, and where renters can get a public defender for a lease dispute.
In Mexico City a landlord can remove a tenant only through a court case that ends in a judge’s order; changing the locks, removing belongings or cutting services to force someone out is not legal. Lease disputes go to the city’s civil courts, and tenants who cannot pay a lawyer can ask the city’s Public Defender’s Office (Defensoría Pública) for free representation.
Can a landlord evict you without going to court?
No. Article 17 of Mexico’s Constitution says no one may take justice into their own hands or use violence to claim a right, and that applies to landlords as much as to anyone. An owner who believes the tenant owes rent or should leave has to sue and wait for a ruling.
The Mexico City Penal Code backs this up. Its offense of dispossession (despojo), in Article 237, covers an owner who, by force, threats, deception or stealth, occupies their own property when the law does not allow it because another person lawfully holds it, or who takes acts of ownership that harm the occupant’s legitimate rights. As amended in November 2025, the article sets six to eleven years in prison plus a fine.
The Civil Code adds duties that apply even without a dispute. Under Article 2412, the landlord must keep the home in usable condition and may not obstruct the tenant’s use of it except for urgent repairs, and must guarantee peaceful use for the whole lease.
On what grounds can a landlord end a lease?
The Civil Code for Mexico City lists the reasons a landlord may ask a court to cancel (rescind) a lease, in Article 2489:
- Non-payment of rent on the agreed terms.
- Using the home for something other than the agreed purpose.
- Subletting without the landlord’s permission.
- Serious damage to the property caused by the tenant.
- Altering the property without the landlord’s express consent.
A lease can also simply end. Housing leases in the city have a mandatory minimum term of one year for both sides, and a tenant who is up to date on rent can extend for up to one more year, unless the contract says otherwise (Article 2448 C). If the term ends and the tenant stays on without objection, the lease continues for an indefinite period, and either side can end it with written notice of 30 business days for urban property (Articles 2478 and 2487).
These housing rules are of public order, which means a contract clause that waives them is treated as not written. The full text is in the Civil Code published by the city’s Legal Counsel office, last amended in August 2026.
How does an eviction case work?
Lease disputes are civil lawsuits heard by Mexico City’s courts, and the basic sequence is the same whatever the ground:
- The landlord files a claim, attaching the written lease if there is one.
- The court serves the tenant at the rented home, which the law treats as the tenant’s legal address for the case.
- The tenant has a short deadline to answer and offer evidence, such as receipts or bank transfer records.
- The judge holds a hearing, invites the parties to settle and then rules.
- If the ruling orders the tenant out and is not complied with, a court officer carries out the removal (lanzamiento) on a date the court sets.
When the claim is for two or more months of unpaid rent, the landlord can ask the judge to require proof that rent is paid. Under the procedure code still published for the city, a tenant who shows receipts or court deposit slips proving payment ends that claim; one who cannot may have property seized to cover the debt.
Mexico City is moving its civil courts to the new National Code of Civil and Family Procedures, so deadlines and hearing formats depend on when and where a case is filed. Ask the court or your lawyer which code applies to yours.
How long does an eviction take?
There is no fixed answer. The written deadlines for lease cases are short, but service of the claim, appeals, court workload and the date of the removal itself all add time. Expect months rather than weeks, and do not rely on the case moving slowly: a tenant who misses the deadline to answer loses the chance to present a defense.
What should you do if your landlord locks you out or cuts services?
Treat it as an emergency and keep evidence. Steps that help:
- Call 911 if you are being forced out, threatened or kept from your belongings; see our list of emergency numbers in Mexico City.
- Photograph the changed lock, notices and any message from the landlord, with dates.
- Keep proof that you live there and pay rent: the lease, transfer receipts, utility bills and messages.
- File a criminal complaint (denuncia) with the Mexico City prosecutor’s office if you are locked out, and ask for legal advice the same day.
Keep paying rent on time by bank transfer while any dispute lasts. If the landlord refuses payment, ask a lawyer about depositing the rent with the court (consignación), so arrears cannot be used against you.
Where can tenants get free legal help?
The Mexico City Public Defender’s Office provides free advice and representation in housing lease matters to people who cannot pay a private lawyer. The city’s procedure page for the Defensoría Pública lists an official ID and proof of income, or a letter stating you have no salary; in lease cases, a socioeconomic study decides whether you qualify. Go as soon as you are served, because time limits run from that day.
The courts also run a public mediation service, the Centro de Justicia Alternativa, which can help both sides agree on a move-out date or a payment plan. A city bill on tenant relations sent to the local Congress in October 2026 proposes a dedicated tenant defender’s office; as of early November 2026 it was still a proposal.
This article explains how the rules work and is not legal advice. Judges decide individual cases, and the result depends on your contract, your payments and the evidence.
Bottom line
Keep a signed lease, pay by traceable transfer and save every receipt; that file decides most lease cases. If you are served with a lawsuit, contact the Defensoría Pública or a lawyer within days, not weeks. Our guides to renting in Mexico City and the rent increase limit cover the clauses that most often lead to disputes.
FAQ
Can a landlord evict a tenant to sell the apartment?
A sale does not cancel the lease by itself. Tenants who are up to date on rent have a right of first refusal: the owner must notify them of the price and terms, and they have 30 days to say they want to buy (Article 2448 J).
What happens to the lease if the tenant dies?
A housing lease does not end with the death of either party. The tenant’s spouse, partner, children or parents who actually lived in the home take over the lease on the same terms (Article 2448 H).
Can the police remove a tenant at the landlord’s request?
Not without a court order. The removal is carried out by court staff executing a ruling, with police support when the court requests it.