The Supreme Court of Justice of the Nation (SCJN) issued a resolution in favor of tenants, recognizing their right to request modifications to their contracts if they are unable to occupy rented properties due to force majeure circumstances. The resolution, published on Wednesday, January 29, establishes that tenants can request the termination or modification of contracts if, due to force majeure causes, they cannot occupy the property for a period of up to two months, thereby reducing the rent amount.
The SCJN argues that it is unfair to demand full payment of rent when the leased property cannot be used, protecting those affected by unpredictable situations. To request a rent reduction or modify the lease agreement, certain legal steps must be followed: within 30 days following the two-month period in which the property could not be occupied, this request can be made. If the landlord does not accept, an additional 30 days is available to file a judicial claim and assert the corresponding rights.
In the context of Mexico City, civil legislation considers the possibility of waiving or reducing rents in similar situations where a residence cannot be inhabited for more than two months. In some cases, contracts could even become ineffective to guarantee balance between the parties involved. Do you have any questions about this topic?
