Question 1

How much can a landlord charge for a security deposit in New Mexico?

Accepted Answer

Leases under one year: no more than one month's rent. Annual leases: more is allowed, but the owner must pay the tenant annual interest on a deposit over one month's rent.

Question 2

How long does a landlord have to return a security deposit in New Mexico?

Accepted Answer

Itemized list of deductions and any balance within 30 days after the agreement ends or the tenant leaves, whichever is later.

Question 3

How much notice does a landlord have to give before entering a rental in New Mexico?

Accepted Answer

At least 24 hours' written notice stating the purpose, date and estimated time frame (not needed for repairs within 7 days of the tenant's request, or emergencies).

Question 4

How much notice does a landlord need to give to raise the rent in New Mexico?

Accepted Answer

Rent: month-to-month, written notice at least 30 days before the rent date; fixed term, at least 30 days before the term ends; periods under a month, one rental period. Fees set by the lease: written notice at least 60 days before the rent date or the end of a fixed term.

Question 5

Can a landlord charge a late fee in New Mexico, and how much?

Accepted Answer

Only if the lease provides for a late fee; the fee may not exceed 5% of the rent for each rental period in default, figured on rent only (not deposits, other fees or utilities), and notice must be given by the last day of the next rental period.

Question 6

What notice does a landlord have to give before evicting for unpaid rent in New Mexico?

Accepted Answer

3 days' written notice of nonpayment and intent to terminate; paying the full amount due before the notice expires bars an eviction for nonpayment.

Question 7

Can cities in New Mexico pass rent control?

Accepted Answer

Yes. No political subdivision or home rule municipality may enact an ordinance or resolution that controls rents for privately owned real property (NMSA 1978, § 47-8A-1(A)). The ban does not apply to privately owned property with government contract benefits or funding for reduced rents to low- or moderate-income tenants (§ 47-8A-1(C)).

Question 8

How much notice is needed to end a month-to-month tenancy in New Mexico?

Accepted Answer

Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week).

Question 9

Does a landlord have to pay interest on a security deposit in New Mexico?

Accepted Answer

Under an annual rental agreement, if the owner takes a deposit greater than one month's rent, the owner must pay the resident interest each year at the passbook rate. For agreements shorter than one year, the deposit may not exceed one month's rent.

Question 10

Is a move-in or move-out inspection checklist required in New Mexico?

Accepted Answer

No state statute requiring a move-in inspection or checklist was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act).

Question 11

Is landlord retaliation illegal in New Mexico?

Accepted Answer

Yes. An owner may not raise rent, cut services, or bring or threaten an eviction against a compliant resident who, within the previous 6 months: complained to a code or fair-housing agency, joined a residents' union, made a written repair request or otherwise exercised UORRA rights, sued or won a suit against the owner, testified for another resident, or lawfully abated rent.

Question 12

Can a landlord change the locks or shut off utilities in New Mexico?

Accepted Answer

Banned. Without a court order, an owner may not exclude or remove a resident by fraud, changing or plugging locks, blocking entrances, interfering with utilities (electricity, gas, water, heat, etc.), removing the resident's belongings, disabling appliances, or making the unit inaccessible or uninhabitable.

Question 13

What can a tenant do if the landlord won't make repairs in New Mexico?

Accepted Answer

Rent abatement: after written notice of required repairs, if the owner doesn't fix them within 7 days, the resident may abate one-third of the daily rent until fixed, or 100% if the unit is uninhabitable and the resident moves out because of it.

Question 14

What disclosures must a landlord give tenants in New Mexico?

Accepted Answer

At or before the start of the residency, the owner must disclose in writing the name, address and phone number of the manager and of an owner (or agent) authorized for service of process and notices, and must keep this current. Since June 20, 2025, a published listing must also state in plain language all costs of the rental, including base rent and an itemized description of every fee or charge during the residency.

Question 15

What can a landlord do with property a tenant leaves behind in New Mexico?

Accepted Answer

After abandonment (7+ days' absence without notice while rent is delinquent), the owner must store the resident's property at least 30 days. The owner must deliver or mail written notice of intent to dispose on a date at least 30 days out, with contact information, and give reasonable access to retrieve it.

Question 16

Can a tenant break a lease early for domestic violence or military service in New Mexico?

Accepted Answer

New Mexico's Owner-Resident Relations Act contains no military early-termination right (full-text search of the act). Domestic violence is a defense to some possession actions (§ 47-8-33(J)), but the act does not grant a right to terminate. Federal SCRA rights still apply.

Question 17

Is there a grace period before a late fee can be charged in New Mexico?

Accepted Answer

New Mexico sets no statutory grace period before a late fee. If the rental agreement provides for one, a late fee of up to 5% of the rent may be charged for each rental period the resident is in default, with notice no later than the last day of the next rental period (NMSA 1978, § 47-8-15(D), as amended by Laws 2025, ch. 122). Any grace period depends on the lease.

Question 18

What happens to the lease when a tenant dies in New Mexico?

Accepted Answer

An owner may ask the resident to name a contact person. When a sole occupant dies, the owner must turn the property over to that contact person (or another lawful claimant) and refund the deposit, less lawful deductions.

Question 19

How does the eviction court process work in New Mexico?

Accepted Answer

An owner's action for possession is set for trial 7 to 10 days after the summons is served. For good cause the court may continue the hearing by up to 7 days.

Question 20

What is the military lease termination (federal scra, all states) rule in New Mexico?

Accepted Answer

Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after" entering military service, the date of the military orders, or the date of a stop movement order (50 U.S.C. 3955(a)(1)(A)-(C)).

Question 21

What federal protections does a tenant have after foreclosure in New Mexico?

Accepted Answer

Federal law that applies in every state: under the Protecting Tenants at Foreclosure Act (made permanent in 2018), whoever takes over a home through foreclosure must give a bona fide tenant at least 90 days' notice to vacate. A tenant with a bona fide lease signed before the notice of foreclosure (the date title passes) can stay until the lease ends, unless the unit is sold to a buyer who will live there as a primary residence; that buyer must still give the 90-day notice. Month-to-month and at-will tenants also get the 90 days. A tenancy is bona fide only if the tenant is not the borrower or the borrower's child, spouse or parent, the deal was at arm's length, and the rent is not far below market (unless it is subsidized). State or local laws with longer notice or more protection still apply, and any state-specific rule on this page also applies. Statute text: "the provision, by such successor in interest of a notice to vacate to any bona fide tenant at least 90 days before the effective date of such notice" (Pub. L. 111-22, SEC. 702(a)(1)).

Question 22

Does a landlord have to provide smoke and carbon monoxide detectors in New Mexico?

Accepted Answer

No state statute requiring landlords to install smoke or carbon monoxide alarms was found in the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, ch. 47, art. 8).

Question 23

What is the pet deposits/fees & service/esa animals rule in New Mexico?

Accepted Answer

No state statute on pet deposits or assistance animal charges was found in the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, ch. 47, art. 8).

Question 24

What is the warranty of habitability in New Mexico?

Accepted Answer

The owner must substantially comply with applicable minimum housing codes affecting health and safety, keep the premises and common areas safe, maintain electrical, plumbing, heating, ventilating, air conditioning and supplied appliances in good working order, provide garbage receptacles and removal, and supply running water, reasonable hot water and reasonable heat (NMSA 1978 § 47-8-20(A)).

Question 25

Can a tenant withhold rent for repairs in New Mexico?

Accepted Answer

Rent abatement: after written notice of a § 47-8-20(A) violation, if the owner does not remedy within 7 days the resident may abate one-third of the pro-rata daily rent for each day until fixed, or 100% if the unit is uninhabitable and the resident does not live there (NMSA 1978 § 47-8-27.2(A)).

Question 26

What happens if a tenant stays after the lease ends in New Mexico?

Accepted Answer

If the resident stays without the owner's consent after the term ends or is terminated, the owner may sue for possession; if the holdover is willful and not in good faith, the owner may also recover damages and reasonable attorney's fees (NMSA 1978 § 47-8-37(C)).

Question 27

What is the eviction notices for other grounds (lease violation, no-fault) rule in New Mexico?

Accepted Answer

Lease violations: a first material noncompliance requires a written notice giving at least 7 days to remedy; a second within 6 months allows a 7-day termination notice with no cure; notice must be given within 30 days of the breach or knowledge of it. A knowing substantial violation (such as certain drug or weapon crimes or serious physical harm) allows a 3-day termination notice (NMSA 1978 § 47-8-33(A)-(C), (I)).

Question 28

What is the right to cure / redeem rule in New Mexico?

Accepted Answer

Yes. Tender of the full amount due, in the manner stated in the notice, before the 3-day nonpayment notice expires bars an action for nonpayment; a first material lease violation may be cured within 7 days (NMSA 1978 § 47-8-33(A), (D)).

Question 29

What disclosures must a landlord give in New Mexico?

Accepted Answer

At or before move-in the owner must disclose in writing the name, address and phone number of the manager and of the owner or agent for service of process and notices, and keep it current (NMSA 1978 § 47-8-19). Since June 20, 2025, a published listing must also state in plain language all costs of the rental, including base rent and an itemized description of every fee or charge during the residency.

Question 30

Can a tenant fix something and deduct it from rent in New Mexico?

Accepted Answer

No state statute allowing repair and deduct was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 31

What is the deposit bank holding / separate account rule in New Mexico?

Accepted Answer

No state statute on how security deposits must be held was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 32

Does New Mexico have rent control?

Accepted Answer

There is no state rent control in New Mexico, and state law bars counties and home rule cities from enacting ordinances that control rents on privately owned property (NMSA 1978, § 47-8A-1(A)). The ban does not cover privately owned property with government contract funding for reduced rents to low- or moderate-income tenants (§ 47-8A-1(C)). The Uniform Owner-Resident Relations Act was full-text search.

Question 33

How much can a landlord charge for a rental application fee in New Mexico?

Accepted Answer

Yes. Screening fees are capped at $50, require written or digital notice and the applicant's written agreement, need a receipt, must be returned within 30 days in some cases, and no other application fees may be charged. An unauthorized screening fee makes the owner liable for $250 plus return of all fees.

Question 34

Can a landlord deny a tenant for criminal or credit history in New Mexico?

Accepted Answer

An owner may require a background check before signing, may not charge the same applicant more than one screening fee if screening was done within 90 days for properties under the same ownership, and must give the applicant a copy of any report used. No state rule on how criminal history may be weighed was found in the UORRA.

Question 35

Can a landlord refuse Section 8 or other source of income in New Mexico?

Accepted Answer

No state statute barring source-of-income discrimination was found in NMSA 1978 ch. 47 art. 8 or § 28-1-7 (Human Rights Act). Section 28-1-7(G) lists the protected classes for housing, and source of income is not among them. Some cities may have their own rules.

Question 36

What is the tenant buyout disclosures rule in New Mexico?

Accepted Answer

No state statute on tenant buyout agreements was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 37

Does a landlord have to give notice before not renewing a lease in New Mexico?

Accepted Answer

No state statute requiring notice of fixed-term lease nonrenewal was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 38

What is the domestic violence early termination rule in New Mexico?

Accepted Answer

No state statute giving domestic violence victims an early termination right was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 39

What is the scra / military lease termination rule in New Mexico?

Accepted Answer

No state statute on military lease termination was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 40

How much does it cost to file an eviction in New Mexico?

Accepted Answer

New Mexico magistrate and metropolitan courts charge a docket fee to file any civil action, including an eviction, under NMSA 1978 § 35-6-1(A). The current schedule shows the docket fee as $72.00; check the amount with the court before filing. The court may waive costs for a party who shows indigency.

Question 41

What is the eviction record sealing rule in New Mexico?

Accepted Answer

No state statute sealing eviction records was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 42

Does a landlord need just cause to evict in New Mexico?

Accepted Answer

No state statute requiring just cause to end a tenancy was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 43

What is the tenant relocation assistance rule in New Mexico?

Accepted Answer

No state statute requiring relocation assistance was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 44

What rights does a tenant have after foreclosure in New Mexico?

Accepted Answer

No state statute protecting tenants after foreclosure was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 45

Do landlords need a rental license or registration in New Mexico?

Accepted Answer

No state statute requiring rental registration was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 46

Can the city inspect my rental property in New Mexico?

Accepted Answer

No state statute requiring rental inspections was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 47

What is the property manager licensing rule in New Mexico?

Accepted Answer

Yes. Managing property for others or leasing or renting real estate for others for compensation is broker activity, and it is unlawful to act as a broker in New Mexico without a Real Estate Commission license (NMSA 1978, §§ 61-29-1, 61-29-2(A)(3)). Owners managing their own property and the owner's employees are exempt (§ 61-29-2(C)).

Question 48

What are the Airbnb / short-term rental rules in New Mexico?

Accepted Answer

No state statute regulating short-term rentals was found in NMSA 1978 ch. 47 art. 8 (Uniform Owner-Resident Relations Act, full-text search).

Question 49

What is the rental / transient occupancy tax rule in New Mexico?

Accepted Answer

Yes, locally. Under the Lodgers' Tax Act, a municipality, or a county for areas outside city limits, may impose an occupancy tax on lodging by ordinance, capped at 5% of gross taxable rent (NMSA 1978, § 3-38-15(A), (B)). Rates vary by city and county.

Question 50

What is the guest & occupancy limits rule in New Mexico?

Accepted Answer

Under N.M. Stat. § 47-8-15(E), a landlord may not charge a fee for a reasonable number of guests staying a reasonable length of time. The landlord may still charge guests for use of premises or facilities other than the dwelling unit. The statute sets no fixed number of guests or days.

Question 51

What is the rent receipts, payment methods & cash rule in New Mexico?

Accepted Answer

N.M. Stat. § 47-8-15(B) says rent is due at the time and place the parties agree and, unless otherwise agreed, is payable at the dwelling unit. Unless the owner and resident agree in writing, rent payments may not be applied to deposits or damages (§ 47-8-15(G)). The Act has no general rule on whether a landlord must accept cash, check or electronic payment; the lease controls.

Question 52

Can a tenant sublet an apartment in New Mexico?

Accepted Answer

N.M. Stat. ch. 47, art. 8 (Uniform Owner-Resident Relations Act) (official text, full-text search on 2026-10-30) has no provision on subletting or assigning a lease. The lease terms control unless another law applies. Local ordinances or other state or federal laws may still apply.

Question 53

What is the condo conversion protections rule in New Mexico?

Accepted Answer

Under NMSA 1978, § 47-7D-12, a declarant of a condominium that contains conversion buildings, and any person in the business of selling real estate for his own account who intends to offer units in that condominium, must give each residential tenant and residential subtenant in possession notice of the conversion and provide the disclosure statement no later than 60 days before those persons are required to vacate. The notice must set forth generally the rights of tenants and subtenants under § 47-7D-12 and must be hand-delivered to the unit or mailed by prepaid United States mail to the tenant and subtenant at the address of the unit or any other mailing address provided by a tenant. If mailed, the notice is deemed received on the earlier of actual receipt or 30 days after mailing. No tenant or subtenant may be required to vacate on shorter notice than the Uniform Owner-Resident Relations Act requires. Failure to give the required notice is a defense to an action for possession. For 60 days after receipt of that notice, the person who had to give it must offer to convey each residential unit or proposed unit to the tenant who leases that unit. If the tenant does not purchase during that 60-day period, the offeror may not offer to dispose of an interest in that unit during the following 60 days at a price more favorable to the offeree than the price offered to the tenant. That purchase-offer rule does not apply if the unit will be restricted exclusively to nonresidential use or the converted unit's boundaries do not substantially conform to the dimensions of the residential unit before conversion. If a seller violates the purchase-offer rule and conveys to a purchaser for value who has no knowledge of the violation, recording the deed extinguishes the tenant's right to purchase that unit but not the tenant's right to recover damages from the seller. From the date the tenant or subtenant accepts the offer, the rent for the portion in that person's possession may not be increased; if the tenant fails or refuses to consummate the purchase, the rent may thereafter be increased. Nothing in the section permits termination of a lease by a declarant in violation of its terms, and a lease provision that would let the declarant end the lease early solely because of a planned condominium conversion is unenforceable. Example: a tenant who receives the conversion notice and disclosure statement has 60 days to buy the unit at the offered price, and the declarant cannot then sell that unit to someone else at a better price for the next 60 days, unless one of the stated exceptions applies.

Question 54

What is the manufactured / mobile home parks rule in New Mexico?

Accepted Answer

The Mobile Home Park Act (NMSA 1978, §§ 47-10-1 to 47-10-23, including 47-10-15.1) applies to a parcel used for the continuous accommodation of 12 or more occupied mobile homes and operated for the owner's pecuniary benefit. It does not include mobile home subdivisions or land zoned for manufactured home subdivisions. A 'resident' under the Act is a person (or that person's family) who owns a mobile home that is subject to a tenancy in the park, so the Act is aimed at residents who own the home and rent the space. No tenancy in a covered park may start without a written rental agreement, and no tenancy may be ended until a written notice to quit has been served. The notice must state the landlord or park name, mailing address, space location, county, the reason for termination, and the date, place, and circumstances of any acts relied on. It must be delivered personally or posted at the main entrance of the mobile home, and if posted a copy must also be sent by certified mail, return receipt requested. The tenant must be given at least 30 days from the end of the rental period in which the notice was served to remove the home, or 60 days to remove a multisection mobile home (with a 30-day notice permitted instead of 60 days in the limited case of a multisection home leased to or occupied by someone other than its owner contrary to park rules). A lease may not waive rights under the Act. A park owner may not terminate a tenancy solely because of the size or age of the mobile home. Termination under the Act is allowed only for the reasons in § 47-10-5: failure to comply with local ordinances and state laws and regulations concerning mobile homes; conduct on the premises that is an annoyance to other tenants or interference with park management; failure to comply with written park rules (including rules amended on 30 days' written notice if reasonable, with stated exceptions); or condemnation or change of use, with the notice periods in that section (including, in stated change-of-use cases, written notice of intent to evict not less than six months before the change). For nonpayment, § 47-10-6 allows termination on written notice requiring payment of rent and utility charges or removal of the unit within at least three days after the notice is served or posted. Rent may not be increased without 60 days' written notice, and § 47-10-19 also requires written disclosure of a rent increase at least 60 days before it is implemented. Under § 47-10-18, the Uniform Owner-Resident Relations Act also applies to park owners and residents, except where a provision of the Mobile Home Park Act is inconsistent with it. The Act has additional rules on deposits, entry and selling fees, closed parks, written rental terms, rule changes, utilities, and civil penalties, which are in the official article text and are not fully restated here. Example: in a park with 12 or more occupied homes, a resident who owns the home and rents the space generally must receive a written notice to quit and then at least 30 days after the end of that rental period (60 days for a multisection home) before having to remove the home, and the termination must be for a reason listed in § 47-10-5 or for nonpayment under § 47-10-6.

New Mexico landlord-tenant law FAQ