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Industrial real estate and lease counsel in Guadalajara

For manufacturers, logistics operators and companies that lease, buy or sell industrial plants, warehouses and land in the Guadalajara metropolitan area and the El Salto corridor: title and lien review, zoning, industrial lease negotiation and disputes with landlords or tenants.

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Short answer

Before a company signs for an industrial plant or warehouse in Jalisco, it should confirm who owns the property and whether that person can lease or sell it, what liens and zoning restrictions apply, and how the contract allocates major maintenance, insurance, improvements and the return of the building. Industrial leases in Jalisco follow specific rules of the state Civil Code on term, rent, extensions and transfers. We review the property, negotiate the contract and handle disputes when the other side does not comply.

What we handle

Title and lien review

Registry status, liens, ownership chain and authority of the landlord or seller before you commit.

Industrial leases

Term, rent and adjustments, maintenance, insurance, improvements, guarantees and return conditions.

Purchases and sales

Acquisition and sale of industrial land and buildings, coordinated with the notary and the Public Registry.

Zoning and permits

Review of land-use status and the licenses the operation needs, with your technical advisers.

Lease disputes

Unpaid rent, landlord breaches, early termination and recovery of the property.

Transfers and subleases

Lease assignments within corporate groups and to third parties, with the liability that follows.

Jalisco rules for industrial leases

Maximum term. A fixed-term lease of property used for industry cannot exceed twenty-five years; for commercial property the limit is twenty years (Jalisco Civil Code, article 2045). In both cases, a lease longer than eight years must be recorded in the Public Registry of Property (article 2045), so the recording should be planned from the start.

Rent. The parties set the rent freely. It may be a fixed amount or a percentage of the gross revenue of the business or of the total value of the production generated on the property (articles 2046 and 2047).

Transfer of the lease. If the contract allows it, the tenant may transfer the business and its rights as tenant; the original tenant then remains jointly liable with the new occupant for the lease obligations, including in later transfers, and the new tenant keeps the originally agreed term (articles 2048 to 2050).

Extension. A tenant that has met all of its obligations on time is entitled, at the end of the lease, to an extension equal to one quarter of the original term, counted from the day it took possession (article 2051).

Environmental and urban rules. Both parties must comply with environmental, urban development and civil protection rules. If compliance makes the contract too onerous or impossible, they may terminate it or change its conditions (article 2052).

Source: Código Civil del Estado de Jalisco, Book Five, Title Six, articles 2045 to 2053, text published by the State of Jalisco (info.jalisco.gob.mx) and checked against the text currently in force. General information, not legal advice for a specific case.

Frequently asked questions

What is the maximum term of an industrial lease in Jalisco?

A fixed-term lease of property used for industry cannot exceed twenty-five years; for commercial property the limit is twenty years. In both cases, a lease longer than eight years must be recorded in the Public Registry of Property (Jalisco Civil Code, article 2045).

Can the rent be tied to the tenant's production or sales?

Yes. For commercial and industrial property the parties set the rent freely, either as a fixed amount or as a percentage of gross revenue or of the total value of the production generated on the property (articles 2046 and 2047).

Does a tenant have a right to extend the lease?

A tenant that has met all of its legal and contractual obligations on time is entitled, when the lease ends, to an extension equal to one quarter of the term originally agreed (article 2051). Leases should address this expressly.

Can the tenant transfer the lease to another company?

Only if the contract allows it. When it does, the original tenant remains jointly liable with the new occupant for the lease obligations, including in later transfers (articles 2048 and 2049).

Related: corporate legal counsel in Guadalajara · commercial debt collection in Mexico · versión en español

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