Evicting a tenant or an occupant in Rosarito

In Rosarito, as anywhere in Mexico, an owner gets a property back from a tenant or an occupant through the courts, not by changing the locks. Since 1 March 2026, new cases in Playas de Rosarito run under the new oral civil procedure (CNPCF). The right route depends on whether there is a written lease, an informal arrangement, or an occupant who never had permission.

Written by Galarza Legal · Updated October 2026

Can I change the locks or remove the tenant's belongings?

No. Self-help, meaning taking the property back yourself, can expose the owner to liability for damages and, depending on the facts, to a criminal complaint by the occupant. A tenant who owes rent still has possession until a court orders otherwise. That surprises many owners from the U.S. and Canada, but it is the starting point in Mexico.

When a court orders an eviction, it is carried out by a court officer (actuario), with the help of the public force if needed, not by the owner.

Until then, avoid anything that looks like forcing the occupant out:

Changing the locks or blocking access while someone lives there.
Removing or keeping the occupant's belongings.
Cutting electricity, water or gas.
Entering without permission, or sending people to pressure the occupant.
Threats, in person or by message. Messages are evidence, for both sides.

Which situation are you in?

The type of case depends on how the person came to occupy the property. In general terms:

Situation	What it usually means	General route
Written lease, tenant stopped paying	Breach of the lease	Court claim to end the lease, recover the property and the unpaid rent
Lease ended, tenant will not leave	The right to occupy has ended	Court claim to recover the property
Verbal arrangement: family, friend, caretaker	Permission given and then withdrawn	Court claim to recover possession; proof of the arrangement matters
Occupant who never had permission (squatter)	Unlawful occupation	Civil action to recover the property, and possibly a criminal complaint
Buyer under a private contract who stopped paying	Contract dispute, not a lease	Claim to rescind the contract and recover the property

Lease, no lease, or squatter: what changes?

With a written lease, the lease is the core of the case. It shows the rent, the term, the deposit and the obligations, and the payment records show the breach. Unpaid rent is generally claimed in the same case as the recovery of the property.

Without a written lease, the owner must prove the arrangement some other way: messages, transfers, witnesses. A verbal lease is still a lease, so the occupant may have rights even without paper. A relative or caretaker who was allowed to stay is in a different position from a tenant, and the evidence decides which one the court sees.

With a squatter, act quickly. Occupying someone else's property on your own authority, by violence, stealth, threats or deceit, can be the crime of despojo (Código Penal de B.C., Art. 226), which the state prosecutor's office pursues once it is reported. Alongside it, the owner can bring a civil action to recover the property, such as an acción reivindicatoria, or, within two years, an action to recover possession.

An occupation left alone for years can turn into a prescripción positiva claim against the owner, so do not wait.

How does the court route work in Rosarito since 1 March 2026?

Playas de Rosarito's courts apply the Código Nacional de Procedimientos Civiles y Familiares (CNPCF), with oral trials, to new cases filed since 1 March 2026. Cases filed before that date continue under the old Código de Procedimientos Civiles. In general terms, a case moves through these steps; lease cases follow the CNPCF's special oral lease procedure (Arts. 520-529), and other possession cases follow the ordinary oral procedure:

Review of the documents and of who has the right to sue: the owner, the landlord, or the beneficiary of a fideicomiso.
A written claim (demanda) filed with the evidence.
The court admits it and orders formal service on the occupant (emplazamiento).
The occupant answers and may raise defenses.
Hearings, where evidence is presented and witnesses are heard in person.
Judgment.
Enforcement: the court orders the property delivered to the owner and, where claimed, payment of what is owed.

Court district	New cases under the oral CNPCF procedure from	Source
Playas de Rosarito	1 March 2026	State Congress declaratoria, Periódico Oficial, 30-Jan-2026
Ensenada	1 December 2026 (scheduled)	State Congress declaratoria, Periódico Oficial, 30-Jan-2026
Tijuana	31 March 2027 (scheduled)	State Congress declaratoria, Periódico Oficial, 30-Jan-2026
San Felipe	31 March 2027 (scheduled)	State Congress declaratoria, Periódico Oficial, 30-Jan-2026

What documents should I gather?

Collect originals and keep copies. The better organized the file, the faster the claim can be filed.

Proof of ownership: escritura, or for a property in a fideicomiso the trust deed and recent bank correspondence.
The lease, renewals and any addenda, plus the guarantor's (fiador's) documents if there was one.
Rent records: bank transfers, receipts, a list of missed payments.
Messages and emails with the tenant or occupant, kept with their dates.
The deposit receipt and the move-in inventory and photos.
Predial, utility and HOA statements for the property.
For squatters: anything that shows when the occupation began, neighbor witnesses, police or security reports.
Your ID, and if you will not be in Mexico, a power of attorney: signed abroad it must be apostilled and translated by a perito traductor (authorized expert translator), or it can be granted before a Mexican consulate.

How long can an eviction take?

There is no fixed time. It depends on how quickly the occupant can be served, whether they contest, the court's workload and whether there are appeals or an amparo (constitutional challenge). The CNPCF sets short terms, for example 15 days to answer a lease claim and a trial hearing within 15 days after that, but service, the court's workload, appeals and amparo add time, and even a tenant who admits the claim and stays current with rent can be given three months to leave. Plan for months, not weeks.

The oral system is designed to concentrate the case in hearings, but no attorney can promise a date. A complete file at filing, a correct address for service and ready witnesses are the things the owner controls.

Unpaid rent and the deposit

Keep a clear record of each missed payment. If there was a guarantor, the guarantor may be liable for what the tenant owes under the terms of the guarantee.

The deposit (depósito en garantía) is applied as the lease says, usually to unpaid amounts and to damage beyond normal wear. Do not keep it without accounting for it: list what you deduct and why, with photos and receipts. Rental income from a Mexican property can also have tax consequences; for taxes at home, ask a U.S. (or Canadian) tax professional.

How to prevent problems: written leases and guarantees

Most eviction cases are easier, or never happen, when the rental was set up properly:

A written lease in Spanish, or bilingual, signed by both sides with identification.
Clear rent, due date, term, deposit, permitted use, maintenance, HOA rules and who pays utilities.
A guarantee: a guarantor (fiador), ideally one who owns property, or a póliza jurídica, a private lease-protection service sold in Mexico; read what it covers before you rely on it.
A signed move-in inventory with photos.
Rent paid by bank transfer, never in cash without a receipt.
A written agreement with any caretaker or relative who stays, so it is clear they hold the property for you.
Basic screening: identification, references, proof of income.

How Galarza Legal can help

Galarza Legal reviews your situation, tells you which route fits it, prepares the claim with the evidence and represents you at the hearings in Rosarito, including when you live outside Mexico and act through a power of attorney. It also drafts leases, guarantor clauses and caretaker agreements so the next rental starts on solid ground.

To start, send the lease (if there is one) and a short timeline of what happened to info@galarza.mx, call +1 619-568-2424, or book a consultation with Lic. Pati Claudia Galarza (Cédula Profesional 15176510). The firm works in English and Spanish from Blvd. Popotla 3009, Playa Encantada, Playas de Rosarito, and from San Felipe.

Frequently asked questions

Can I cut the water or electricity to make a tenant leave?

No. Cutting services is a form of self-help that can expose you to liability. Recover the property through the courts.

Can the police remove a squatter?

Generally the police do not remove an occupant without a court order. Taking a home by violence, stealth, threats or deceit can be despojo, which the Fiscalía pursues once it is reported; police can act at once only if they catch the occupation as it happens (flagrancia), and in the criminal case the victim can ask the judge to order the property restored provisionally. Most owners also file a civil action.

My house is in a fideicomiso. Can I still evict?

Generally yes. As beneficiary you hold the rights to use and rent the property, so you can usually sue as the landlord under a lease you signed, or to recover possession. A claim based on ownership may need the trustee bank, which holds title, to take part or give a power of attorney; the attorney confirms which applies.

Do I have to be in Mexico for the case?

Not always. With a valid power of attorney, apostilled and translated or granted at a Mexican consulate, your attorney can act for you. But if the other side asks for your declaración de parte, you must answer personally at the trial hearing, and if you do not appear the court can take the facts as true. Testimony by video is possible only when the court allows it.

Can I keep the tenant's deposit?

Only as the lease allows, usually for unpaid amounts and damage beyond normal wear. Document each deduction.

My case was filed in 2025. Does the new oral procedure apply?

No. In Playas de Rosarito the CNPCF applies to new cases filed since 1 March 2026; older cases continue under the old Código de Procedimientos Civiles.

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Galarza Legal — Playas de Rosarito · San Felipe · info@galarza.mx · +1 619-568-2424