Shopping-center leases: disputes belong in oral commercial proceedings
Lease of premises located in shopping centers. The oral commercial proceeding is the proper route for disputes arising from such leases when entered into for commercial speculation [applicability of binding precedent 1a./J. 170/2023 (11a.)].
Official heading (Spanish): ARRENDAMIENTO INMOBILIARIO RESPECTO DE LOCALES UBICADOS EN PLAZAS COMERCIALES. PROCEDE LA VÍA ORAL MERCANTIL PARA RESOLVER LAS CONTROVERSIAS DERIVADAS DE LOS CONTRATOS RELATIVOS CUANDO SE CELEBREN CON PROPÓSITO DE ESPECULACIÓN COMERCIAL [APLICABILIDAD DE LA TESIS JURISPRUDENCIAL 1a./J. 170/2023 (11a.)].
The ruling
The owner of a shopping center sued in oral commercial proceedings to terminate the lease of a unit with minimum rent plus a percentage of sales. The civil oral-proceedings judge dismissed the claim for lack of jurisdiction. The Collegiate Circuit Court held that, under binding precedent 1a./J. 170/2023 (11a.), such a lease is a commercial act and the oral commercial route applies.
Our take
The precedent settles the practical question left open by the First Chamber: a for-profit lease is not only commercial, it is also heard in oral proceedings. For shopping-center owners and commercial tenants, that means Commercial Code rules and a faster trial. The weak spot is proving commercial speculation: here, rent tied to sales helped, while a fixed-rent lease with an ambiguous use could be contested. It is an isolated precedent from a Mexico City court, so the lease itself should make clear that both parties pursue profit.
What to do
- Make sure unit leases describe the business activity and the profit purpose of both parties.
- Consider rent with a percentage-of-sales component where it reinforces the commercial nature of the lease.
- Before suing, confirm the procedural route and competent court in light of this precedent.
Details
- Court
- Tribunales Colegiados de Circuito
- Type
- Isolated precedent
- Identifier
- I.16o.C.19 C (12a.)
- Digital registry
- 2032796
- Published
- October 23, 2026
- Area
- Commercial and civil
- View official source ↗
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Prepared by Artegia for information only; not legal advice. Headings in English are unofficial translations. The official text is the one published in the Semanario Judicial de la Federación or the TFJA journal.