Can a tenant keep the house they rent? This is what the Federal Code says

Although the right to housing is enshrined in the Mexican Constitution, the truth is that, today, the economy of hundreds of thousands of people in Mexico does not provide for it. Under this context, There are not a few who rent a house to have somewhere to live.

It is in this way that, due to the high rental figures for houses and apartments in the Mexican national territory, which One of the most frequent questions we have is whether a tenant can end up keeping the house..

However, it must be made clear, According to the Federal Code of Civil Procedures, there is no way for a person who rents a house to take ownership of it, because in the lease contract the landlord is obliged to transmit the temporary use of a property to the tenant. , the latter being obliged to pay the price determined by the former.

The above, as established in Mexican laws, because in most cases in which this type of relationship exists, even when there is no contract or clear legal situation, it is demonstrable that the property is rented. and that does not belong to the tenant.

Likewise, in accordance with the provisions of article 2448-J of the Civil Code, if the case arises in which the owner of the property is contemplating transferring ownership of the home, the tenant who has rented the house for more than five years You can protect your right to purchase a home.

However, it should be emphasized that one of the conditions for this to be met is that he or she has made significant modifications to the home during the time in which he or she rented it.

AMLO proposes reform to rent Infonavit houses

It is worth mentioning, at this point, that it was last February 2024 when President Andrés Manuel López Obrador announced that he would present in the Congress of the Union a constitutional reform that contemplates that, After having contributed for one year, workers will be able to rent a house or apartment from the Institute of the National Housing Fund for Workers. (INFONAVIT). At the same time, if the worker keeps renting the house to the Mexican agency for 10 years, they will be able to buy it.

Under this understanding, the proposed constitutional amendment promoted by the head of the Mexican Federal Executive Branch aims to combat the shortage in the production of new homes, as well as the increase in the cost of real estate in the Mexican national territory. However, so far this legislative proposal has not advanced in the Federal Legislative Branch.

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