If you’re renting a property in Mexico, one of the biggest frustrations can come at the end of your lease—when the landlord refuses to return your security deposit. But here’s the good news: you can take control and protect yourself from this common problem by setting things up properly from day one.
1. Include a Clear Security Deposit Clause in Your Lease
Don’t sign a lease without a solid clause that outlines how your security deposit works. This clause should explain:
- What the deposit is for – It should only cover unpaid bills or damage beyond normal wear and tear.
- When you get it back – You should receive the full amount after returning the property in good condition and paying all utilities.
- What proves you met the conditions – A signed inspection report and utility receipts.
- Pro tip: Negotiate this clause before you sign the lease. Landlords are more flexible before the deal is done.
2. Complete a Proper Move-Out Inspection
- When you move out, ask your landlord to walk through the property with you. Document everything. Then, both of you should sign a written inspection report that includes:
- Notes on the condition of the property
- Photos as evidence
- Confirmation that all utilities are paid
- A statement that there’s no valid reason to keep the deposit
- This document is your strongest protection.
3. Collect and Keep All Proof of Payment
Save your utility receipts and give the landlord copies. If possible, get them to sign that they received them. This prevents any false claims about unpaid bills later.
4. Add a Deadline for Refund in Your Lease
Make sure your contract includes a clear deadline—something reasonable, like 15 calendar days after move-out—for the deposit refund. This avoids the “I’ll get to it” excuse. You’ve got it in writing.
5. Take Legal Action If They Don’t Pay
If your landlord keeps your deposit without cause, you have legal options. In Jalisco, Nayarit, and federally, tenants can:
- File a civil lawsuit to recover the deposit plus legal interest
- Use small claims court, if the amount qualifies
- Reach out to municipal alternative dispute resolution centers to try mediation before filing a case
This isn’t just about getting your money back. It also pressures landlords to act fairly and within the law.
Sample Clause to Include in Your Lease
Clause [__] – Security Deposit
Tenant delivers [$___ MXN] as a security deposit. This is not rent.
The landlord may only use the deposit to repair damage caused by the tenant (excluding normal wear) or to pay unpaid utilities.
The landlord must refund the deposit within 15 calendar days of the tenant returning the property, as long as:
- All bills are paid
- The property is in good shape
- Both parties sign a handover report
If the landlord doesn’t return the deposit in time, the tenant can collect legal interest starting on day 16.
Sample Property Handover Report
PROPERTY HANDOVER REPORT
Date: [DD/MM/YYYY]
Location: [City]
Landlord: [Name, Address]
Tenant: [Name, Address]
Property Address: [Full Address]
- Statements:
- Tenant returns the property in the same condition, except for normal wear and tear.
- Tenant provides receipts for paid utility bills (water, gas, electricity, etc.).
- Both parties inspect the property together and confirm that all areas and items are complete, functional, and in good condition.
- Did you know?
Landlords in Mexico cannot legally hold your deposit unless they prove damage or unpaid bills. So, with the right documents in hand, you protect your rights—and your wallet.
