Depósito en Garantía (Security Deposit)deh-POH-see-toh en gah-rahn-TEE-ah
Depósito en garantía is a refundable sum held to secure performance of obligations under a contract, most commonly a tenant's deposit against damage or unpaid rent in a lease, or a buyer's funds held in escrow during a real estate purchase closing in Mexico.
By Daniel Ortega · Last reviewed 9 November 2026
How it works
<cite index="13-5">Federal Civil Code Article 2516 defines the depósito contract as one in which the depositario receives a thing (movable or immovable) to guard and return when the depositante requests it</cite>. In rental contracts, <cite index="3-9">the deposit in Mexican residential practice typically equals one month of rent</cite>, though <cite index="21-4">it may be one or two months</cite> depending on the property and landlord; <cite index="2-6">in Mexico City, only one month of rent can be requested as deposit</cite>, but Quintana Roo has no state-imposed limit. The tenant pays the deposit when signing the lease; the landlord returns it at lease end if the unit is undamaged and rent is current. In real estate purchases, <cite index="1-5">the deposit (typically 10 percent of the transaction value) is held in escrow</cite>, often in a trust account, until the notary completes the closing and authorizes release to the seller. <cite index="5-6">Security deposits are not subject to IVA (value-added tax) because they are not consideration for a service or sale</cite>; the recipient has an obligation to return the funds.