Comodato (Loan for Use / Gratuitous Bailment)koh-moh-DAH-toh
Comodato is a contract where an owner (comodante) grants another person (comodatario) free use of property for a set period, with the obligation to return it. Regulated by Federal Civil Code Articles 2497 to 2515, it is gratuitous; any payment converts it to arrendamiento (lease).
By Daniel Ortega · Last reviewed 8 November 2026
How it works
A foreign owner in Quintana Roo may use comodato to let a family member, friend or related company occupy a home or commercial property at no charge. The owner retains full title and the user must return the property when the term ends or the owner requests it. The contract should specify the property, duration (or state it is indefinite), permitted use, maintenance obligations and termination conditions. The comodatario cannot sublend to others without written permission. Because no rent changes hands, comodato generally triggers no ISR (income tax) or IVA; the owner still pays predial. The contract may be private or notarized; notarization costs approximately 0.5 to 1 percent of the property value and adds enforceability. Comodato ends automatically on the comodatario's death, a key difference from long-term leases. Foreign buyers often use it for second homes occupied by local caretakers or relatives between personal visits.