Mexico: Nuevo León amends its Civil Code regarding the lease of urban properties

The Executive Branch of the State published Decree No. 107 in the Official Gazette of Nuevo León, through which various provisions of the Civil Code for the State of Nuevo León (CCNL) were amended and added, specifically in Chapter IV concerning the lease of urban properties, located within Title Six related to leases.

The amendments are as follows:

Two paragraphs were added to Article 2346:

• Article 2346 – Rent must be paid within the agreed terms and, in the absence of an agreement, on a monthly basis in arrears.
  • The landlord is required to issue a receipt for each monthly payment made by the tenant; if receipts are not issued for more than three months, it will be understood that payment has been made, unless the landlord has made a timely and proper demand. Any document that reliably proves rent payment will also be considered a valid receipt.
  • The landlord may not require more than one month’s rent as a deposit.

Since this article is part of the chapter on urban property leases, these paragraphs apply to all such leases, regardless of whether they are for residential, industrial, or commercial purposes.

A new Article 2346 BIS was added:

• Article 2346 BIS – In the case of urban properties intended for residential use, the lease term shall be six months for both landlord and tenant and may be extended at the discretion of the parties.

Additionally, rent must be stipulated in national currency and may only be increased annually. Such increase may not exceed 10% of the agreed monthly rent. A new contract must be executed to formalize the increase.

This article is located within the general chapter on urban properties. These provisions specifically apply to leases intended for residential use.

This decree entered into force the day after its publication.