They should give it back to you. immediately Upon termination of the lease, unless the landlord has a debt or damages to claim, in which case the law requires them to deposit it with a judge, not keep it. The law is clear: if at the end of the contract there is a balance in favor of the tenant, the landlord You must return it immediately.; And if the landlord believes they have any right to collect—damages or unpaid rent—they cannot keep the money: the law obliges them to deposit judicially That balance. And what can be deducted is limited: unpaid rent and damages caused by the tenant's fault or negligence. Normal wear and tear. never It is discounted.
This is one of the most frequent questions we receive at City Laws, and it almost always comes wrapped in a myth: that "the landlord has 30 days" or that "they can keep the deposit to paint and fix everything." Neither of those things is in the law. Below, we explain, with the Civil Code in hand, what the deposit actually is, when it must be returned to you, and what they can—and can't—deduct, with the differences that apply in Quintana Roo.
First: the “security deposit” is not a legal concept
It may surprise you, but the term “Security deposit” does not appear even once in neither the Federal Civil Code nor the Quintana Roo Civil Code. This is not an oversight: the law simply does not define it as such. It is a legal concept. contractual, created by real estate custom, which is governed by what your contract says and, subsidiarily, by the rules of the deposit agreement (Federal Civil Code, article 2516; in Quintana Roo, article 2774) and lease.
This has a huge practical consequence: What your contract says prevails. Therefore, before signing, it is advisable to carefully read the deposit clause, and in case of a dispute, it is worthwhile to have a real estate lawyer Review exactly what was agreed upon. There is no national "Real Estate Leasing Law" that will resolve this for you.
The legal standard is immediate refund (not 30 or 60 days)
Here's the point that's most often misunderstood. Article 2422 of the Federal Civil Code It states it in no uncertain terms: “If at the end of the lease there is any balance in favor of the lessee, the lessor must return it immediately, unless he has some right to exercise against him; in this case, he shall deposit the aforementioned balance with the court.”
The legal deadline for returning the tenant's credit balance is not thirty days: it is "immediately." The "30 to 60 days" cited by many websites have no basis in any federal law.
In Quintana Roo, the exact same rule applies, in the Article 2693 of the State Civil Code, with equivalent text: the balance in favor of the tenant is returned immediately upon termination of the lease, unless the landlord has a right to exercise, in which case it judicial deposit.
The phrase “will deposit judicially” is the key that almost no one knows: if the landlord believes you owe damages, He is not authorized to keep the money unilaterally. and decide on his own how much to deduct. The correct thing to do is to make that balance available to a judge. Withholding the deposit "just because" is not what the law says.
And the exact deadline? That's set in the contract.
If there is no 30-day federal legal deadline, where does a specific date come from? contract. The specific return period is a matter of agreement between the parties. In the absence of such an agreement, the rules of the deposit contract favor the tenant: according to the Article 2522 of the Federal Civil Code (and its equivalent, article 2780, section II, of the Quintana Roo Code), the thing given in deposit must be returned when the depositor requests it, Although a deadline has been set, it has not yet arrived. What does not exist is that legal and automatic "month or two" that many take for granted.
What they CAN discount (and what they CAN'T)
The deposit is responsible for specific things. According to the Article 2425, sections I and II, of the Federal Civil Code (and article 2695, sections I and II, in Quintana Roo), the lessor may legitimately deduct or withhold:
- Unpaid rent. The tenant is obliged to pay the rent; any remaining amount is taken from the deposit.
- Damage to the property due to fault or negligence. The tenant is liable for damages caused by his fault or that of his relatives, servants or subtenants (thus the CCF, art. 2425 fr. II; the text of Quintana Roo, art. 2695 fr. II, also adds the visits), plus the damage that exceed normal use.
- Service debts (water, electricity, gas). In practice they are discounted, but eyeIts basis is not a "deposit" article, but the contract clause that obliges you to keep the services up to date, supported by the balance rule of article 2422.
And here's what They can't discount you: he natural wear and tear from use. Article 2442 of the Federal Civil Code (article 2706 in Quintana Roo) obliges the tenant to return the property “as received, except for what has perished or been diminished by time or by unavoidable cause“"In other words: paint that has faded over the years, sealant that has aged, hinges worn out from normal use, are not your responsibility. You are only responsible for damage that..." exceed that normal use.
One nuance: the minor repairs Damage from ordinary use—"minor" deterioration caused by the occupant—is indeed the responsibility of the tenant (Articles 2444 and 2467 of the Federal Civil Code; 2695 section V and 2725 in Quintana Roo). But that's what they are: minors. Major damages due to the passage of time or unavoidable causes cannot be charged to you.
The signed inventory: the evidence that decides everything
How do you know what condition the property was in when you received it? With the inventory, the key evidence that the law rewards having. According to articles 2442 and 2443 of the Federal Civil Code (article 2706 in Quintana Roo):
- If you received the property with a express description —a signed inventory with photos and details— you must return it according to that description. That protects you: what was already damaged at the beginning was documented.
- If you accepted it out of stock, the law assume you received it in good condition, Unless proven otherwise, this presumption works against you and makes it easier for the landlord to hold you liable for damages.
The lesson is simple: never move into a rental property without an inventory signed by both parties, with dated photos. And never move out without an equally detailed check-out form.
The presumption of deterioration is the responsibility of the tenant (federal and in Quintana Roo)
Both the Federal Civil Code (Article 2468) and the Quintana Roo Civil Code (Article 2726) establish that the loss or deterioration of the leased property is always presumed to be the responsibility of the lessee, unless they prove that it occurred through no fault of their own. This presumption is not exclusive to Quintana Roo. In both legal systems, it coexists with the rule of normal wear and tear (Articles 2442/2443 of the Federal Civil Code and 2706 of the Quintana Roo Civil Code), which exempts damage caused by time or unavoidable circumstances.
Translated: In Quintana Roo, when damage occurs, it is presumed to be the tenant's fault and It is he who must prove which it wasn't. This shifts the burden of proof against the tenant, and makes the check-in and check-out inventory even more important to protect your deposit.
The deposit is a guarantee, not the last month's payment.
Another common myth: “I didn’t pay the last month, they’ll deduct it from my deposit.” Beware. By its very nature, a deposit is a warranty which covers damages or outstanding debts and is returned at the end (deposit contract, Federal Article 2516 / Quintana Roo Article 2774), while paying rent is a separate obligation (Federal Article 2425, Section I / State Article 2695, Section I). Use the deposit for the last month It only applies if it was agreed upon.; If no agreement was reached, you are still obligated to pay the rent, and the deposit is returned to you at the end. The law doesn't prohibit it, but it doesn't presume it either: it depends on what you signed.
| Concept | Can it be deducted from the deposit? | Basis |
|---|---|---|
| Unpaid rent | Yeah | CCF art. 2425 fr. I / CC-QR art. 2695 fr. Yo |
| Damages caused by the tenant's fault or negligence | Yeah | CCF art. 2425 fr. II / CC-QR art. 2695 fr. II |
| Damage beyond normal use | Yeah | CCF art. 2442 / CC-QR art. 2706 |
| Utilities (water, electricity, gas) up to date | Yes, it was agreed. | Contractual clause + CCF art. 2422 |
| Natural wear and tear from use and time | Do not | CCF art. 2442 / CC-QR art. 2706 |
| Deterioration due to unavoidable cause | Do not | CCF art. 2442 / CC-QR art. 2706 |
If they don't return it, is it a case for Profeco (the Mexican consumer protection agency)?
Normally No. Profeco is not usually the appropriate channel for private residential rentals. According to Article 73 of the Federal Consumer Protection Law, Acts concerning real estate are only subject to that law when the supplier is a subdivider, builder or promoter that advises and sells housing to the public, or in timeshare transactions.
A dispute over the deposit in a shared annuity between individuals is resolved by the civil proceedings —the lease court— in accordance with the State Civil Code and the National Code of Civil and Family Procedures. If your landlord refuses to return the balance, document everything before filing a claim. To review your specific case, you can contact City Laws. book legal advice.
And what about the 2024-2026 reforms? What changed and what didn't?
Level No deadline or limit was established at the federal level. for the deposit. The Federal Civil Code remains in force with its latest reform published in the DOF on November 14, 2025, but those adjustments were procedural (to harmonize with the National Code of Civil and Family Procedures); They did not regulate the security deposit..
About the Mexico City reform You may have seen it in the news: the reform to the Mexico City Civil Code (articles 2448-D and 2448-F) and the Housing Law, published on August 28, 2024, capped rent increases at the Bank of Mexico's annual inflation rate and created a digital registry of contracts. But This only applies in Mexico City, not in Quintana Roo, and it didn't even regulate the amount of the deposit or a deadline for returning it.
The key conclusion: in Mexico There is no uniform legal deadline of 30 or 60 days. The standard is the immediate return of the balance in favor of the tenant upon termination of the lease (Federal Article 2422 / Quintana Roo Article 2693), and the specific term is agreed upon in the contract.
Frequently Asked Questions
How many days will it take for my deposit to be returned?
The law does not specify 30 or 60 days. Article 2422 of the Federal Civil Code (2693 in Quintana Roo) mandates the return of any outstanding balance to the tenant "immediately" upon termination of the lease. The specific return date is stipulated in the contract. If the landlord believes you owe damages, they cannot keep the money; it must be deposited with the court.
Can you deduct the cost of the paint and normal wear and tear?
Natural wear and tear from use and the passage of time is not deducted (Article 2442 of the Federal Civil Code; 2706 in Quintana Roo). You must return the property in the same condition as when you received it, except for damage caused by time or unavoidable circumstances. You are only liable for damages that exceed normal wear and tear or are caused by your fault or negligence.
Can I skip paying the last month and have it taken from the deposit?
Only if it was stipulated in the contract. The deposit is a guarantee against damages and outstanding debts, not advance rent. Unless expressly agreed otherwise, you are still obligated to pay the rent, and the deposit is returned to you at the end of the term. Review the deposit clause in your contract before making a decision.
Is it worthwhile to file a claim for the deposit with Profeco?
Generally, no, if it's a rental agreement between private individuals. According to Article 73 of the Federal Consumer Protection Law, properties are only covered by this law when the provider is a developer, builder, or promoter selling housing to the public. A dispute regarding a deposit in a standard rental agreement is resolved through civil proceedings.
What protects me best in getting my deposit back?
The inventory, signed by both parties and including dated photos, must be completed upon moving in and moving out. Without an inventory, the law presumes you received the property in good condition (Articles 2442 and 2443 of the Federal Civil Code), making it easier to hold you liable for damages. The law presumes, both at the federal level (Article 2468 of the Federal Civil Code) and in Quintana Roo (Article 2726), that the tenant is responsible for any damage unless proven otherwise; therefore, the move-in and move-out inventory is crucial.
Legal notice
This content is for informational purposes only and provides general guidance on the framework of leases and security deposits in Mexico; it does not constitute legal advice for a specific case, does not create an attorney-client relationship, and does not guarantee any outcome. The Federal Civil Code, state civil codes, and court rulings may change and be applied differently depending on the circumstances of each contract and property. Because a security deposit is a contractual arrangement, the terms of your contract are decisive. Before claiming, withholding, or releasing any money, consult an attorney about your specific situation.
Reviewed by the City Laws legal team
Written by the City Laws editorial team and reviewed by our attorneys under current Mexican law. Meet our team.
⚠️ General informational content, current as of its publication date. It is not legal advice and does not create an attorney-client relationship; laws change and every case is different. For your specific situation, Book a free consultation.