New Mexico Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in New Mexico, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in New Mexico. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | New Mexico |
|---|---|
| Where these laws apply | New Mexico's Uniform Owner-Resident Relations Act (NMSA 1978 Chapter 47, Article 8) applies to rental agreements for dwelling units located in New Mexico, with no county or population limit. Unless the arrangement was created to avoid the act, it does not cover residence at an institution incidental to detention or to medical, geriatric, counseling, religious, educational or similar services; occupancy by a buyer under a contract of sale; occupancy by a member of a fraternal or social organization in the part of a structure operated for the organization's benefit; transient occupancy in a hotel or motel; occupancy by an owner's employee under a written agreement that makes the right to occupy depend on employment on the premises; or premises used mainly for agricultural purposes. Unless a provision of the Mobile Home Park Act directly conflicts, the act also applies to mobile home park owners and residents. NMSA 1978 §§ 47-8-8, 47-8-9, 47-8-52 |
| Security deposit limit | An owner may require a reasonable deposit to cover damage the resident causes to the premises. Under a rental agreement of less than one year, the deposit may not be more than one month's rent. Under an annual rental agreement, a deposit greater than one month's rent requires the owner to pay the resident interest on it every year. The deposit rules do not cover last month's prepaid rent, which the rental agreement may require, and the deposit is not treated as prepaid rent. NMSA 1978 § 47-8-18(A), (B) |
| Where deposits are held | No rule on where or how a deposit is held in NMSA 1978 Chapter 47, Article 8. NMSA 1978 ch. 47, art. 8 (no provision) |
| Returning the deposit | If any part of the deposit is kept, the owner must give the resident an itemized written list of the deductions and the balance, if any, within 30 days after the rental agreement ends or the resident leaves, whichever is later. Mailing the statement and any payment due to the resident's last known address complies. An owner who does not give the written statement within 30 days after the tenancy ends loses the right to keep any part of the deposit, to counterclaim in a suit to recover it, and to sue the resident separately for damage to the rental property. An owner who keeps a deposit in bad faith in violation of section 47-8-18 owes the resident a $250 civil penalty. NMSA 1978 § 47-8-18(C)-(E) |
| Deposit deductions | When the residency ends, the deposit may be applied to rent and to damages the owner suffered because the resident did not comply with the rental agreement or with the resident's duties under section 47-8-22. The owner may keep portions of the deposit for unpaid rent or utilities, repair work or other legitimate damages. No deposit may be kept to cover normal wear and tear. Normal wear and tear means deterioration from the use the unit is intended for, without negligence, carelessness, accident, abuse or intentional damage by the residents or anyone there with the resident's consent; uncleanliness is not normal wear and tear. NMSA 1978 §§ 47-8-18(C), 47-8-3(K) |
| Interest on deposits | Under an annual rental agreement, if the deposit is greater than one month's rent, the owner must pay the resident interest every year equal to the passbook interest permitted to savings and loan associations in New Mexico by the federal home loan bank board. NMSA 1978 Chapter 47, Article 8 has no other deposit-interest rule. NMSA 1978 § 47-8-18(A)(1) |
| Landlord entry notice | Unless the owner and resident agree otherwise, the owner must give the resident 24 hours' written notice of the intent to enter, the purpose, and the date and a reasonable estimate of the time frame, to enter to inspect, make repairs, decorations, alterations or improvements, supply services, or show the unit to buyers, mortgagees, prospective residents, workers or contractors. No notice is needed to make repairs or provide services within 7 days of the resident's request, or when the owner is with a public official doing an inspection or a cable television, electric, gas or telephone company representative. If the resident gives reasonable prior notice and alternate times or dates, and it is practicable or will not cause the owner economic detriment, the owner must try to reasonably accommodate the alternate time. The owner may enter without the resident's consent in an emergency and must not abuse the right of access. Otherwise the owner may enter only by court order, or if the resident has abandoned or surrendered the premises or has been absent more than 7 days. NMSA 1978 § 47-8-24(A)-(D) |
| Notice to end a month-to-month lease | Unless the rental agreement fixes a definite term, a residency is week-to-week when rent is paid weekly and month-to-month in all other cases. Either the owner or the resident may end a month-to-month residency by written notice given at least 30 days before the periodic rental date specified in the notice. A week-to-week residency may be ended by written notice given at least 7 days before the termination date specified in the notice. NMSA 1978 §§ 47-8-15(C), 47-8-37(A), (B) |
| Rent-increase notice | For a month-to-month residency, the owner must give written notice of a rent increase at least 30 days before the periodic rental date specified in the rental agreement. For a fixed-term residency, the notice is due at least 30 days before the end of the term. For a periodic residency of less than one month, written notice must be given at least one rental period before the first increased rent payment. Raising a fee provided for in the rental agreement takes written notice at least 60 days before the periodic rental date or before the end of a fixed term, or at least one rental period ahead for a periodic residency of less than one month. NMSA 1978 §§ 47-8-15(F), 47-8-19.4 |
| Late fees | A late fee may be charged only if the rental agreement provides for one. It may not be more than 5 percent of the rent for each rental period the resident is in default, and it is figured only on rent, not on deposits, other fees or utilities. The owner must give notice of the late fee no later than the last day of the rental period right after the one in which the default occurred. No grace period in NMSA 1978 Chapter 47, Article 8. NMSA 1978 § 47-8-15(D); NMSA 1978 ch. 47, art. 8 (no provision) |
| Notice for unpaid rent | If rent is unpaid when due, the owner may end the rental agreement if the resident does not pay within 3 days after written notice of the nonpayment and of the owner's intent to terminate; the resident must then deliver possession immediately. Paying the full amount due, in the manner stated in the notice, before the 3 days run out bars any action for nonpayment of rent. A nonpayment notice takes effect only when hand delivered or mailed to the resident or posted on an exterior door of the unit. A notice that is posted, mailed or hand delivered must include the date of posting, which is the notice's effective date. NMSA 1978 §§ 47-8-33(D), 47-8-13(D) |
| Rent control | Not allowed. No political subdivision or home rule municipality may enact an ordinance or resolution that controls, or would have the effect of controlling, rental rates for privately owned real property. This does not apply to privately owned property that receives government benefits or funding under contract for the express purpose of providing reduced rents to low- or moderate-income tenants, and it does not limit a state agency, county or municipality managing or controlling its own property. NMSA 1978 § 47-8A-1 |
| Required landlord disclosures | In writing, at or before the start of the residency, the owner must give the name, address and telephone number of the person authorized to manage the premises and of an owner or a person authorized to act for the owner to accept service of process and receive notices and demands; this information must be kept current. A published listing of the unit must disclose to applicants in plain language all costs of the rental agreement, including the base rent and an itemized, readily identifiable description of all fees or charges that will be assessed during the residency. The owner must give each resident a written rental agreement before occupancy begins. NMSA 1978 §§ 47-8-19(A), (B), 47-8-19.1, 47-8-20(G) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or a condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability, and military status. The disability protection applies where the disability is unrelated to the person's ability to acquire or rent and maintain the particular property or housing. Ancestry, sexual orientation, gender identity, spousal affiliation and military status appear in New Mexico's law but not in the federal list. NMSA 1978 § 28-1-7(G); 42 U.S.C. § 3604 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in New Mexico listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in New Mexico?
An owner may require a reasonable deposit to cover damage the resident causes to the premises. Under a rental agreement of less than one year, the deposit may not be more than one month's rent. Under an annual rental agreement, a deposit greater than one month's rent requires the owner to pay the resident interest on it every year. The deposit rules do not cover last month's prepaid rent, which the rental agreement may require, and the deposit is not treated as prepaid rent. See the source in the table above.
How long does a New Mexico landlord have to return a security deposit?
If any part of the deposit is kept, the owner must give the resident an itemized written list of the deductions and the balance, if any, within 30 days after the rental agreement ends or the resident leaves, whichever is later. Mailing the statement and any payment due to the resident's last known address complies. An owner who does not give the written statement within 30 days after the tenancy ends loses the right to keep any part of the deposit, to counterclaim in a suit to recover it, and to sue the resident separately for damage to the rental property. An owner who keeps a deposit in bad faith in violation of section 47-8-18 owes the resident a $250 civil penalty. See the source in the table above.
How much notice must a New Mexico landlord give before entering?
Unless the owner and resident agree otherwise, the owner must give the resident 24 hours' written notice of the intent to enter, the purpose, and the date and a reasonable estimate of the time frame, to enter to inspect, make repairs, decorations, alterations or improvements, supply services, or show the unit to buyers, mortgagees, prospective residents, workers or contractors. No notice is needed to make repairs or provide services within 7 days of the resident's request, or when the owner is with a public official doing an inspection or a cable television, electric, gas or telephone company representative. If the resident gives reasonable prior notice and alternate times or dates, and it is practicable or will not cause the owner economic detriment, the owner must try to reasonably accommodate the alternate time. The owner may enter without the resident's consent in an emergency and must not abuse the right of access. Otherwise the owner may enter only by court order, or if the resident has abandoned or surrendered the premises or has been absent more than 7 days. See the source in the table above.
How much notice ends a month-to-month lease in New Mexico?
Unless the rental agreement fixes a definite term, a residency is week-to-week when rent is paid weekly and month-to-month in all other cases. Either the owner or the resident may end a month-to-month residency by written notice given at least 30 days before the periodic rental date specified in the notice. A week-to-week residency may be ended by written notice given at least 7 days before the termination date specified in the notice. See the source in the table above.
How much notice is required for a rent increase in New Mexico?
For a month-to-month residency, the owner must give written notice of a rent increase at least 30 days before the periodic rental date specified in the rental agreement. For a fixed-term residency, the notice is due at least 30 days before the end of the term. For a periodic residency of less than one month, written notice must be given at least one rental period before the first increased rent payment. Raising a fee provided for in the rental agreement takes written notice at least 60 days before the periodic rental date or before the end of a fixed term, or at least one rental period ahead for a periodic residency of less than one month. See the source in the table above.
How much can a New Mexico landlord charge for late rent?
A late fee may be charged only if the rental agreement provides for one. It may not be more than 5 percent of the rent for each rental period the resident is in default, and it is figured only on rent, not on deposits, other fees or utilities. The owner must give notice of the late fee no later than the last day of the rental period right after the one in which the default occurred. No grace period in NMSA 1978 Chapter 47, Article 8. See the source in the table above.
How much notice must a New Mexico landlord give when rent is unpaid?
If rent is unpaid when due, the owner may end the rental agreement if the resident does not pay within 3 days after written notice of the nonpayment and of the owner's intent to terminate; the resident must then deliver possession immediately. Paying the full amount due, in the manner stated in the notice, before the 3 days run out bars any action for nonpayment of rent. A nonpayment notice takes effect only when hand delivered or mailed to the resident or posted on an exterior door of the unit. A notice that is posted, mailed or hand delivered must include the date of posting, which is the notice's effective date. See the source in the table above.
Does New Mexico have rent control?
Not allowed. No political subdivision or home rule municipality may enact an ordinance or resolution that controls, or would have the effect of controlling, rental rates for privately owned real property. This does not apply to privately owned property that receives government benefits or funding under contract for the express purpose of providing reduced rents to low- or moderate-income tenants, and it does not limit a state agency, county or municipality managing or controlling its own property. See the source in the table above.
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