In recent months, an initiative with a draft decree was presented in the Official Gazette of the Federation to reform and add various provisions to the Civil Code for Mexico City, in terms of leasing, with the aim of guaranteeing the right to housing. against the COVID-19 pandemic.
The draft decree of reference proposes to reform articles 2398, 2406, 2406 Bis, 2425 Bis and 2431 Bis of the Civil Code for Mexico City. Some of the most relevant changes of the initiative are the following:
Duration of the lease: the initiative proposes an amendment to article 2389, to establish a minimum duration of 3 (three) years for the lease contracts of real estate destined to dwelling houses, except by express provision of the lessee.
Eviction: the vacancy trial will not proceed, even due to non-compliance in the payment of rent, when the lease of the property intended for a house is not in writing.
Tacit lease: it will be understood that there is a lease, by proving the existence of a consented occupation of the property by a third party in exchange for remuneration.
Rights of the Lessee: it is contemplated that these rights are provided within the leases of real estate destined for a home, as follows:
- The tenant may not be required more than one month in advance for the lease of the property
- No bond or any type of real property can be requested as collateral.
- You cannot be a victim of arbitrary, illegal and or forced eviction.
- Notifications of proceedings for judicially ordered vacancies must be made two months in advance
- There must be assistance from personnel in unemployment of people belonging to vulnerable groups, among others
Alternative means of dispute resolution: the parties will have the right to access dispute resolution mechanisms in fortuitous cases that require a rethinking of the conditions of the contract.
Temporary or definitive renegotiation of the conditions of the contract: under a case of national emergency, natural disasters, declarations of environmental or natural emergency, or any other situation of force majeure that paralyzes economic activities and prevents the tenant from complying with the contract, the tenant You may request the lessor for the temporary or definitive renegotiation of the lease.
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Gloria Ponce de León & Hernández