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On September 26, 2025, an amendment to the Civil Code for the State of Nuevo León was published in the Official Gazette of the State of Nuevo León, introducing significant changes to urban property lease agreements.
The amendments came into force the day after their publication, contained in Articles 2346 and 2346 Bis of the Code in question, and establish these important changes:
- Mandatory payment receipts and specific requirements:
Obligation for the landlord to provide a receipt for each monthly payment made by the tenant. Otherwise, failure to provide payment receipts for more than three months will lead to the presumption that payment has been made, unless the landlord has made a request for payment in a timely manner.
- Limited escrow:
The landlord may not demand more than one month's rent as a security deposit.
- Contract duration:
For urban properties intended for residential use, the lease term shall be six months, which may be extended at the discretion of the parties.
- Payment in local currency and maximum rent increase:
The rent must be stipulated in national currency, and any increase may only be made annually, without exceeding 10% of the monthly rent, and a new contract must be signed.
The above changes stem from a legislative initiative that cited as its main reason the sharp increases in housing rents in Nuevo León, which made it necessary to provide greater legal certainty to the parties and ensure that people's human right to adequate housing was not undermined.
On the other hand, these new provisions are very similar to the legislation of Mexico City, which has been established in its Civil Code since the reform carried out in 2003, and for which there are already jurisprudential criteria that address the study of these new obligations and which will surely be used as guidance for the courts in Nuevo León.
Recommendations for landlords.
However, the landlord must be aware that they must request payment of rent promptly, otherwise, if they do not do so within three months, it will be presumed (iuris tantum) in favor of the tenant that they did make the payment, and it could even be understood that this applies to the subsequent months (cumulatively), since the burden of proof to demonstrate the request in a lawsuit will fall on the landlord. To this end, it is very important that lease agreements include the proper location and viable means of notifying the tenant, such as requests, where applicable.
It is very important that landlords are aware of and, in turn, take care to comply with these new obligations imposed by the reform and, where applicable, have updated contracts so that their right to payment is not affected.
The team at Pérez Góngora y Asociados, S.C. has specialized attorneys with service and experience in the area of corporate law; and we will be happy to advise you on any questions you may have regarding the implications of this communication. Please contact me directly, Iván Saúl Ibarra Bernal (phone 81-8345-3635 ext. 126, or email: ivanibarra@perezgongora.com).
Written by Iván S. Ibarra Bernal, Esq.
