General info, not legal advice. Details

New Mexico Late fees

Last reviewed 2026-10-23

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

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.

Verified Source: NMSA 1978, § 47-8-15(D), as amended by Laws 2025, ch. 122 (SB 267) · last checked 2026-10-23

How this works in New Mexico

New Mexico allows a late fee only if the lease provides for one. 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.

Worked example for New Mexico

Example: The lease provides for a late fee, and monthly rent is $1,000. The fee may not exceed 5% of that rent, which is $50, for each rental period in default. The $50 is figured on rent only, not deposits, other fees, or utilities. Notice of the fee must be given by the last day of the next rental period.

New Mexico timelines and limits

Lease requirementThe lease must provide for a late fee
Cap5% of the rent for each rental period in default
What the 5% is figured onRent only, not deposits, other fees or utilities
NoticeBy the last day of the next rental period

New Mexico FAQ

How much can a New Mexico landlord charge for late rent?

No more than 5% of the rent for each rental period in default, and only if the lease provides for a late fee, under NMSA 1978, § 47-8-15(D), as amended by Laws 2025, ch. 122 (SB 267).

Is the 5% calculated on more than rent?

No. It is figured on rent only, not deposits, other fees, or utilities.

When must I give notice of the fee?

By the last day of the next rental period.

Sources for this section: NMSA 1978, § 47-8-15(D), as amended by Laws 2025, ch. 122 (SB 267) (checked 2026-10-23)

This is general information, not legal advice. The verified rule and official sources above control. Check the source or a local attorney for your situation.

Same topic in neighboring states

All New Mexico landlord-tenant law · New Mexico landlord FAQ · Security deposit limit · Deposit return deadline · Notice to enter · Required lease disclosures · Required disclosures (mold, lead, radon, bedbug, asbestos, flood zone)

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