Lease agreement in Yucatán vs. mediation agreement: key differences

In the real estate market of Mérida and Yucatán, there are at least two legal instruments widely used to formalize the relationship between an owner and an occupant of a property in a secure manner : the traditional lease agreement —usually formalized before a notary public— and the mediation agreement, made before a certified private mediator.

Although both aim to regulate the relationship between the parties, their structure and legal scope differ. Understanding these differences is important so that each landlord or tenant can choose, with appropriate guidance, the instrument that best suits their situation.

The traditional lease agreement in Yucatán

The lease agreement is regulated by the Civil Code of the State of Yucatán. Its main function is to document the agreement between landlord and tenant: rent amount, duration, conditions of use, start and end dates, and termination clauses.

When this contract is formalized before a notary, it acquires a certain date and greater evidentiary weight. It is a suitable instrument for formally documenting the tenancy relationship. However, in the event of a breach (for example, non-payment or refusal to vacate), the landlord generally must resort to legal proceedings to enforce their rights. The notarized contract proves the existence of the right, but does not necessarily facilitate its immediate enforcement.

The mediation agreement in Yucatán

The mediation agreement is primarily governed by the Law on Alternative Dispute Resolution Mechanisms of the State of Yucatán (LMASCEY). Its nature is distinct: it arises from a process led by a certified facilitator or mediator, in which the parties voluntarily construct an agreement based on principles such as voluntariness, confidentiality, and impartiality.

The recent update to this law expressly recognizes that agreements can be entered into not only to resolve disputes, but also to prevent them. This opens the door to structuring solid agreements from the outset of a real estate relationship.

Which instrument to choose?

The choice between these two instruments is not mutually exclusive; in many cases, landlords choose to supplement the lease agreement with a mediation agreement that specifically regulates the conditions for occupancy, vacating, and handover of the property. As a specialist highlighted in an article in the Diario de Yucatán published on June 28, 2026, in Yucatán it is common to use a transactional agreement for occupancy, vacating, and handover of the property, which operates within the framework of alternative dispute resolution mechanisms.

The final decision depends on variables such as the type of property, the expected duration of the relationship, the tenant's profile, and the landlord's objectives. Therefore, it is advisable to consult with a real estate lawyer in Yucatán before finalizing the arrangement.

Conclusion

Both lease agreements and mediation agreements are valid and legally recognized instruments in Yucatán. Their main difference lies not in their validity, but in their structure, which facilitates the execution of agreements. Understanding this distinction allows landlords and tenants to make more informed decisions and reduce potential risks.

At Solís & Castro Real Estate Lawyers, we have a team that combines real estate attorneys with private mediators certified by the Judicial Branch of the State of Yucatán. This allows us to structure the legal instrument that best suits each situation—whether it be a contract, agreement, or a combination of both—within the current legal framework.

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This article is for informational purposes only and does not replace personalized legal advice.