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Nuevo Leon Publishes Amendments to Civil Code regarding Real Estate Leases

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On September 26, 2025, amendments to the Civil Code of Nuevo León were published, modifying Article 2346 and adding Article 2346 Bis, concerning the leasing of urban properties, including those intended for commercial and industrial purposes, while some of which apply to residential use properties. The amendments include modifications regarding: (i) obligations related to the receipt of rent payments; (ii) security deposits; (iii) the duration of residential leases; and (iv) currency rent increases for residential leases.

(i) Obligations Related to Rent Payment Receipts. Article 2346 now establishes the landlord’s obligation to provide a receipt for each monthly rent payment made by the tenant. If receipts are not issued for more than three months, the payment shall be deemed made, unless the landlord has made the corresponding legal request in a timely manner. Any document that reliably proves payment of rent will also be considered a valid receipt.

For commercial and industrial leases, it is common practice to issue a monthly rent invoice and, once payment is made, to provide the corresponding payment supplement.  It is also common for the receipt to be issued after the rent has been paid. Therefore, it is particularly important to review cases where tenants are in default with two months’ rent and consider initiating collection procedures.

(ii) Security Deposit. The last paragraph of Article 2346 now provides that the landlord may not demand more than one month’s rent as a security deposit, which is applicable to all types of urban properties.

In practice, while requesting a one month security deposit is common, higher amounts are often required for commercial premises, furnished properties, and similar cases. In such situations, a clear waiver of the legal provision must be considered if a higher deposit is considered.

(iii) Duration of Residential Leases. New Article 2346 Bis states that, for urban properties intended for residential use, the lease term shall be six months, which may be extended at the discretion of the parties.

(iv) Currency and Rent Increase for Residential Leases. Additionally, this new article provides that rent must be stipulated in national currency and may only be increased annually by a maximum of 10%, through the execution of a new contract.

In conclusion, this reform further regulates lease agreements for the benefit of tenants, requiring landlords to be more careful in the drafting and managing of their agreements, with some provisions applying to urban property leases in general, which includes those intended for commercial and industrial purposes, and some others specifically intended for residential use.

In the Real Estate Practice at CCN we are available to address any questions or related aspects regarding the above.

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