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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110540
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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If a person rents an apartment in Mexico, what are the laws

Customer Question

If a person rents an apartment in Mexico, what are the laws for subletting?
How much over the price I pay for rent may I increase the rent?
How much may I increase rent if my furniture is being used?
May I charge for utilities and internet?
What rights do I have if the person subletting the apartment fails to pay rent?
Am I able to change locks, etc.?
I appreciate any insights you can offer including citing Mexican law if possible.
Thank you.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I have several clients who rent apartments out in Mexico. It is not illegal to sublet in Mexico and the only way you cannot do so is if your lease specifically says you cannot sublet (few do).

You can charge whatever you want for rent, there are no set prices over the original rent that you can charge the subtenant, it is whatever the market will bear and people will agree to rent for. Some Mexican cities and states have rent control ordinances in some areas of the cities or states meaning your rent cannot exceed a certain amount if your premises is in one of those areas, but you have to check with the city to make that determination.

You can charge more generally by 10%-20% for a fully furnished apartment.

You can make them pay utilities and internet service fees.

There really are no statutes involving any of this in Mexico, it is by contract between the parties.

If the person subletting does not pay, you have to sue them, you cannot just lock them out as then they could sue you for an unlawful eviction and seek to collect damages against you for doing so.
Customer: replied 2 months ago.

Thank you, ***** ***** this was the case.

One more question. When a tenant pays a deposit and rent, if he gives one month's notice according to the contract, is it okay by law if he does not pay the last month but uses the deposit as the last month's rent?

Thank you for your help.

Expert:  Law Educator, Esq. replied 2 months ago.

Thank you for your reply.

It is the landlord's choice to use the deposit towards rent as the deposit is for damages and if there are no damages the landlord can agree to use it towards rent.

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