New Mexico Landlord-Tenant Law
The rules for renting in New Mexico — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for New Mexico
- Security deposit limit
- No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A)
- Deposit return deadline
- Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C)
- Notice for unpaid rent
- 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D)
- Ending a month-to-month lease
- Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. NMSA 1978, § 47-8-37(A)-(B)
- Landlord entry notice
- 24 hours' written notice stating the purpose and date and a reasonable time frame, unless otherwise agreed. No notice needed for repairs/services within 7 days of the resident's request, when accompanied by a public inspector or utility/cable representative, or in an emergency. NMSA 1978, § 47-8-24
- Rent control / increase limits
- Statewide preemption: no political subdivision or home-rule municipality may enact rent control on privately owned real property. NMSA 1978, § 47-8A-1
Last verified against official sources: 2026-10-22
Security Deposits in New Mexico
| Security deposit limit | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. Statute permits a 'reasonable deposit'. Last month's prepaid rent is not counted as a deposit (§ 47-8-18(B)). NMOneSource pages are rendered by JavaScript; section text was read in a browser on the official Compilation Commission site. Source: NMSA 1978, § 47-8-18(A) |
|---|---|
| Deposit return deadline | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later Owner complies by mailing the statement and any payment to the resident's last known address. Source: NMSA 1978, § 47-8-18(C) |
| Itemized deductions | If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. Source: NMSA 1978, § 47-8-18(C) |
| Interest on deposits | Required only on annual leases where the deposit exceeds one month's rent: owner must pay interest annually equal to the passbook rate permitted to savings and loan associations by the federal home loan bank board. The referenced federal home loan bank board rate is an outdated benchmark; how it is applied today was not verified. Source: NMSA 1978, § 47-8-18(A)(1) |
| Penalty for withholding | Missing the 30-day statement: owner forfeits the right to withhold any part of the deposit, to counterclaim in a suit to recover it, and to sue separately for property damage, and owes the resident's court costs and reasonable attorney's fees. Bad-faith retention: additional $250 civil penalty payable to the resident. See Garcia v. Thong, 1995-NMSC-030 (annotation on the official page). Source: NMSA 1978, § 47-8-18(D)-(E) |
Compare security deposits laws in all 50 states and DC →
Eviction in New Mexico
| Notice for unpaid rent | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. If the last day to cure falls on a weekend or federal holiday, the period extends to the next business day (§ 47-8-33(H)). Source: NMSA 1978, § 47-8-33(D) |
|---|---|
| Notice for lease violations | First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. Notice must include dates and specific facts and be given within 30 days of the breach or knowledge of it. A frivolous or bad-faith substantial-violation case carries a civil penalty of 2x monthly rent (§ 47-8-33(M)). Source: NMSA 1978, § 47-8-33(A)-(C), (I) |
| Lockouts & utility shutoffs | Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. The owner need not pay utility bills the resident failed to pay. No landlord's lien on tenant property (§ 47-8-36.1). |
Compare eviction laws in all 50 states and DC →
Notice to Vacate in New Mexico
| Ending a month-to-month lease | Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. Rent increases on month-to-month require 30 days' written notice (§ 47-8-15(F)); increases in lease fees require 60 days' written notice (§ 47-8-19.4, added 2025). Source: NMSA 1978, § 47-8-37(A)-(B) |
|---|
Compare notice to vacate laws in all 50 states and DC →
Landlord Entry in New Mexico
| Landlord entry notice | 24 hours' written notice stating the purpose and date and a reasonable time frame, unless otherwise agreed. No notice needed for repairs/services within 7 days of the resident's request, when accompanied by a public inspector or utility/cable representative, or in an emergency. Owner must try to accommodate a resident's reasonable alternate time. Unlawful or harassing entry: injunction, termination, and damages. Source: NMSA 1978, § 47-8-24 |
|---|
Compare landlord entry laws in all 50 states and DC →
Repairs & Habitability in New Mexico
| Repair and deduct | No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). Statement based on the remedies listed in §§ 47-8-27.1 and 47-8-27.2; no section authorizing repair-and-deduct appears in the Article 8 table of contents. |
|---|---|
| Withholding rent | Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. Not available for amenities or for conditions caused by the resident. If the owner wins possession where the resident abated rent, the writ is conditioned on the resident's right to pay within 3 days of judgment (§ 47-8-33(E)). |
| Retaliation protection | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. Uniform increases applied to all similar units at the end of a term are allowed (§ 47-8-39(C)). |
Compare repairs & habitability laws in all 50 states and DC →
Rent Increases & Late Fees in New Mexico
| Rent control / increase limits | Statewide preemption: no political subdivision or home-rule municipality may enact rent control on privately owned real property. Exception for privately owned property receiving government benefits/funding under contract to provide reduced rents to low- or moderate-income tenants. Enacted Laws 1991, ch. 23. Source: NMSA 1978, § 47-8A-1 |
|---|---|
| Late fees | Only if the rental agreement provides for one; max 5% of the rent for each rental period in default, calculated on rent only (not deposits, fees, or utilities). Owner must give notice of the late fee no later than the last day of the next rental period. Amended by Laws 2025, ch. 122, § 6, effective June 20, 2025 (previously 10%), per the official annotation. Courts have denied late fees where the owner failed to give the required notice (Hedicke v. Gunville, 2003-NMCA-032). Source: NMSA 1978, § 47-8-15(D) |
Compare rent increases & late fees laws in all 50 states and DC →
Breaking a Lease in New Mexico
| Ending a lease: domestic violence | No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. Current § 47-8-33 text was read as reproduced in SB 400 (introduced Feb. 14, 2025). Status 'Died' confirmed at https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=400&year=25. 2026-session bills on this topic were not checked. |
|---|
Compare breaking a lease laws in all 50 states and DC →
Squatters & Abandoned Property in New Mexico
| Squatters / unauthorized occupants | New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. Bill status pages read on nmlegis.gov: HB 332 (https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=332&year=25) and SB 359 (https://www.nmlegis.gov/Legislation/Legislation?chamber=S&legType=B&legNo=359&year=25) both show 'Died'. |
|---|
Compare squatters & abandoned property laws in all 50 states and DC →
Rental Fees in New Mexico
| Application / screening fees | Screening fees are capped at $50, to cover a credit report, reference check, or screening service. The owner must: give written or digital notice of the fee and get the applicant's written agreement to pay; not charge a fee when the owner knows or should know the unit is not available; give a receipt; hold the card or not deposit cash or checks until all earlier applicants have been screened and rejected, or offered the unit and declined; and charge no other application-processing fees. The fee must be returned within 30 days if an earlier applicant takes the unit or if the owner never runs the credit report, reference check, or screening, or never processes the application. Returns go by certified mail, by destroying the check on request, or by making the money available for pickup. Only one screening fee may be charged to the same applicant within 90 days for properties under the same ownership, and the owner must give the applicant copies of any reports used. Penalty for an unauthorized screening fee: $250 plus return of all fees. Read from the final enrolled bill. The nmlegis status page shows SB 267 as 'Chaptered'. |
|---|---|
| Other rental fees | Every published rental listing must disclose in plain language all costs of the rental agreement: the base rent plus an itemized, readily identifiable description of every fee or charge that will be assessed during the residency. An owner is not liable for a third-party website's failure to show the costs the owner provided. Lease fees may be raised only with written notice at least 60 days before the periodic rental date or before the end of a fixed term (one rental period for residencies shorter than a month). Under the Unfair Practices Act, it is an unfair or deceptive trade practice to charge an applicant any fee other than a screening fee or deposit, or one not published in the listing, or to charge fees not included in the rental agreement. Late fees are capped at 5% of rent per rental period in default. |
Compare rental fees laws in all 50 states and DC →
Section 8, Records & Right to Counsel in New Mexico
| Section 8 / source of income | No statewide protection. 2025 HB 339, which would have added 'source of income' as a protected category for housing under the Human Rights Act, died. A similar 2024 bill (HB 25) was reported as failing in committee. Albuquerque, Bernalillo County, and Las Cruces reportedly have local source-of-income ordinances (per news reports; not verified from official local sources). The current text of § 28-1-7 was not read directly, and 2026-session bills were not checked. |
|---|---|
| Eviction record sealing | No eviction-specific sealing statute. 2025 HB 253, which would have sealed eviction records when a case is filed and unsealed them only after a judgment for the owner, died. General court-record sealing by motion may be available under the magistrate and metropolitan court rules (Rules 2-112 and 3-112, overriding-interest standard). That rule text was not read. 2026-session bills not checked. Source: 2025 HB 253 (died) |
Compare section 8, records & right to counsel laws in all 50 states and DC →
Mold, Pests, Heat & AC in New Mexico
| Mold | No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. The Uniform Owner-Resident Relations Act has no mold disclosure or remediation provision. Where a minimum housing code applies, it sets the owner's maximum duty under § 47-8-20 (§ 47-8-20(B)). Source: NMSA 1978, § 47-8-20(A)(1)-(2) |
|---|---|
| Pests & bed bugs | No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. No state bed-bug disclosure or inspection rule. Local housing codes may assign extermination duties. |
| Heat | Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. In a single-family residence, the parties may agree in a good-faith writing, for consideration, that the resident supplies heat (§ 47-8-20(C)). The New Mexico Supreme Court has read the heat duty as applying unless the owner shows a specific law exempting the building (T.W.I.W., Inc. v. Rhudy, 96 N.M. 354). |
| Air conditioning | No state requirement to provide air conditioning or evaporative cooling, or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the owner must be kept in good and safe working order. A 2023 bill (SB 375) would have added evaporative cooling to the owner's maintenance duty; the current statute still lists only air conditioning. Source: NMSA 1978, § 47-8-20(A)(4) |
Compare mold, pests, heat & ac laws in all 50 states and DC →
Privacy, Guests & Animals in New Mexico
| Cameras & privacy | No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a misdemeanor (fourth-degree felony if the victim is under 18). Owner entry generally requires 24 hours' written notice of the purpose, date, and estimated time. 'Instrumentality' expressly includes camcorders, digital and phone cameras, and electronic devices of any type. Source: NMSA 1978, §§ 30-9-20, 47-8-24 |
|---|---|
| Guests & occupants | The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. No statewide occupancy limit or roommate statute. |
| Service & support animals (state law) | The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. Assistance animals in rental housing (including emotional support animals) are handled as reasonable-accommodation requests under the federal Fair Housing Act and the New Mexico Human Rights Act's housing provisions. |
Compare privacy, guests & animals laws in all 50 states and DC →
How eviction works in New Mexico
Eviction cases are heard in: Magistrate court, Bernalillo County Metropolitan Court, or district court.
- Written notice: 3-day nonpayment notice, 7-day noncompliance notice, 3-day substantial-violation notice, or 30-day termination notice (§§ 47-8-33, 47-8-37)
- File petition for restitution with the magistrate or district court clerk, stating the facts and notice compliance (§ 47-8-42)
- Summons served; owner's possession trial set not less than 7 nor more than 10 days after service; court may continue up to 7 days for good cause (§ 47-8-43)
- Trial and judgment for restitution
- Writ of restitution directs the sheriff to restore possession on a date not less than 3 nor more than 7 days after judgment (§ 47-8-46)
- Removal by sheriff; a resident's appeal stays the writ only if the resident pays rent into escrow or to the owner within 5 days of filing the appeal (§ 47-8-47)
Owner's action for possession: trial not less than 7 nor more than 10 days after service of the summons (§ 47-8-43(A)(1)).
Source: NMSA 1978, §§ 47-8-40 to 47-8-47
What surprises people about New Mexico rental law
- Late-fee cap cut from 10% to 5% of rent by Laws 2025, ch. 122 (NMSA § 47-8-15(D))
- Rental application screening fees capped at $50, must be refunded in certain cases, and no other application-processing fees allowed (NMSA § 47-8-19.2, added 2025)
- Fees under a lease can only be increased on 60 days' written notice (NMSA § 47-8-19.4, added 2025)
- Statutory rent abatement of one-third of daily rent for unrepaired conditions after 7 days' written notice (NMSA § 47-8-27.2)
- Illegal lockout or retaliation costs the owner 2x the monthly rent (NMSA § 47-8-48(C))
- Prevailing party in a UORRA suit recovers reasonable attorney's fees and costs (NMSA § 47-8-48(A))
Federal law that also applies in New Mexico
These federal rules apply on top of New Mexico law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in New Mexico
These cities add their own tenant protections on top of state law:
Eviction by county in New Mexico
Which court hears evictions, filing fees, local rent levels and help:
For landlords
How to evict a tenant in New Mexico — steps, cost, timeline and forms.
Common New Mexico questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How New Mexico compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| New Mexico | No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. NMSA 1978, § 47-8-18(A) | Within 30 days of the end of the rental agreement or the resident's departure, whichever is later NMSA 1978, § 47-8-18(C) | 3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. NMSA 1978, § 47-8-33(D) |
| Arizona | One and one-half months' rent, counting all security however labeled, including prepaid rent. A tenant may still voluntarily prepay more rent. A.R.S. § 33-1321(A) | Within 14 days, excluding Saturdays, Sundays, and legal holidays, after the tenancy ends, possession is delivered, and the tenant demands the deposit. A.R.S. § 33-1321(D) | 5-day written notice of nonpayment stating that the landlord will terminate the rental agreement if rent is not paid within that time. Before an eviction is filed, paying all past-due rent plus a reasonable late fee set in a written lease reinstates the agreement. After filing, reinstatement also requires paying attorney fees and court costs. After judgment, reinstatement is at the landlord's discretion. A.R.S. § 33-1368(B) |
| Colorado | Two monthly rent payments. A separate pet deposit may be no more than $300 and must be refundable. Monthly pet rent may be no more than the greater of $35 or 1.5% of monthly rent. C.R.S. §§ 38-12-102.5, 38-12-106 | Within 30 days after the lease ends or the premises are surrendered, whichever is later. The lease may set a longer period, up to 60 days. C.R.S. § 38-12-103(1) (as amended by HB 25-1249) | 10-day written demand to pay rent or deliver possession. Exempt residential agreements get 5 days; employer-provided housing gets 3 days. The tenant may pay the full amount in the notice, plus any rent that has since come due, at any time until the judge enters a judgment for possession. Payment can go to the landlord or the court, and the case is then dismissed. C.R.S. §§ 13-40-104(1)(d), 13-40-106, 13-40-115(4) |
| Oklahoma | No statutory cap on the amount of a security deposit. 41 O.S. § 115 | 45 days after the tenancy ends, possession is delivered AND the tenant makes a written demand for the deposit. 41 O.S. § 115(B) | 5 days' written notice demanding payment. If rent is not paid within 5 days after the notice, the landlord may terminate the rental agreement. The demand counts as a demand for possession; no further notice to quit is required. 41 O.S. § 131 |
| Texas | No statutory cap. Tex. Prop. Code ch. 92, subch. C (92.101-92.113) | On or before the 30th day after the tenant surrenders the premises. Tex. Prop. Code Sec. 92.103(a) | At least 3 days' written notice to vacate before filing, unless the written lease provides a shorter or longer period. For a tenant evicted solely for nonpayment who was not delinquent before the month of the notice, the notice must be a notice to pay rent or vacate. Tex. Prop. Code Sec. 24.005(a) |
| Utah | No statutory cap. Utah Code 57-17-1 to 57-17-5 | No later than 30 days after the renter vacates and returns possession. If the owner misses it, the renter may serve a statutory 'Tenant's Notice to Provide Deposit Disposition', after which the owner has five business days to comply. Utah Code 57-17-3(2)-(5) | 3 business days' written notice to pay rent and other amounts due or surrender the premises. Utah Code 78B-6-802(1)(c) |
New Mexico landlord-tenant FAQ
How much can a landlord charge for a security deposit in New Mexico?
No cap for leases of one year or more (but if the deposit exceeds one month's rent on an annual lease, the owner must pay annual interest). For rental agreements shorter than one year: max one month's rent. (NMSA 1978, § 47-8-18(A))
How long does a landlord have to return a security deposit in New Mexico?
Within 30 days of the end of the rental agreement or the resident's departure, whichever is later (NMSA 1978, § 47-8-18(C))
Does a landlord have to pay interest on a security deposit in New Mexico?
Required only on annual leases where the deposit exceeds one month's rent: owner must pay interest annually equal to the passbook rate permitted to savings and loan associations by the federal home loan bank board. (NMSA 1978, § 47-8-18(A)(1))
Does a landlord in New Mexico have to give an itemized list of deposit deductions?
If any amount is kept, the owner must give an itemized written list of deductions and the balance within 30 days. No deductions for normal wear and tear; allowed for unpaid rent/utilities, repair work and other legitimate damages from the resident's noncompliance. (NMSA 1978, § 47-8-18(C))
What happens if a landlord in New Mexico wrongfully keeps a security deposit?
Missing the 30-day statement: owner forfeits the right to withhold any part of the deposit, to counterclaim in a suit to recover it, and to sue separately for property damage, and owes the resident's court costs and reasonable attorney's fees. Bad-faith retention: additional $250 civil penalty payable to the resident. (NMSA 1978, § 47-8-18(D)-(E))
How much notice does a landlord have to give before evicting for unpaid rent in New Mexico?
3-day written notice of nonpayment and intent to terminate. Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars an action for nonpayment. (NMSA 1978, § 47-8-33(D))
How much notice is required to evict for a lease violation in New Mexico?
First material noncompliance: 7-day written notice to cure (tenancy ends in not less than 7 days if not remedied). Second material noncompliance within 6 months: 7-day notice to terminate with no right to cure. Substantial violation (serious criminal-type conduct): 3-day notice to terminate with no cure. (NMSA 1978, § 47-8-33(A)-(C), (I))
How much notice is needed to end a month-to-month lease in New Mexico?
Either party: written notice at least 30 days before the periodic rental date specified in the notice. Week-to-week: at least 7 days' written notice. (NMSA 1978, § 47-8-37(A)-(B))
Can a landlord enter without notice in New Mexico?
24 hours' written notice stating the purpose and date and a reasonable time frame, unless otherwise agreed. No notice needed for repairs/services within 7 days of the resident's request, when accompanied by a public inspector or utility/cable representative, or in an emergency. (NMSA 1978, § 47-8-24)
Is there a limit on late fees in New Mexico?
Only if the rental agreement provides for one; max 5% of the rent for each rental period in default, calculated on rent only (not deposits, fees, or utilities). Owner must give notice of the late fee no later than the last day of the next rental period. (NMSA 1978, § 47-8-15(D))
Can a tenant repair and deduct from rent in New Mexico?
No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). (NMSA 1978, §§ 47-8-27.1, 47-8-27.2)
Can a tenant withhold rent for repairs in New Mexico?
Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. (NMSA 1978, §§ 47-8-27.1, 47-8-27.2)
Can a landlord retaliate against a tenant for complaining in New Mexico?
An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. (NMSA 1978, §§ 47-8-39, 47-8-48(C))
Is there rent control or a limit on rent increases in New Mexico?
Statewide preemption: no political subdivision or home-rule municipality may enact rent control on privately owned real property. (NMSA 1978, § 47-8A-1)
Can a landlord change the locks or shut off utilities in New Mexico?
Without a court order, an owner may not exclude or remove a resident by fraud, changing/plugging locks, blocking entrances, interfering with utilities or services, removing belongings, disabling appliances, or making the unit inaccessible/uninhabitable. Resident may abate 100% of rent for each affected day, recover a civil penalty of 2x monthly rent, recover possession or terminate, and get damages. (NMSA 1978, §§ 47-8-36, 47-8-48(C))
What is the small claims court limit in New Mexico for a deposit dispute?
$10,000 (magistrate court and Bernalillo County Metropolitan Court civil jurisdiction) (NMSA 1978, § 35-3-3(A))
How do you remove a squatter in New Mexico?
New Mexico has no squatter-specific removal procedure or crime. Bills to create one failed: HB 332 and SB 359 (2025) and HB 144 (2026) all died. Removal is through existing law (court action and criminal trespass), which was not verified here. (2025 HB 332, 2025 SB 359, 2026 HB 144 (all died))
Is there a limit on rental application fees in New Mexico?
Screening fees are capped at $50, to cover a credit report, reference check, or screening service. The owner must: give written or digital notice of the fee and get the applicant's written agreement to pay; not charge a fee when the owner knows or should know the unit is not available; give a receipt; hold the card or not deposit cash or checks until all earlier applicants have been screened and rejected, or offered the unit and declined; and charge no other application-processing fees. The fee must be returned within 30 days if an earlier applicant takes the unit or if the owner never runs the credit report, reference check, or screening, or never processes the application. Returns go by certified mail, by destroying the check on request, or by making the money available for pickup. Only one screening fee may be charged to the same applicant within 90 days for properties under the same ownership, and the owner must give the applicant copies of any reports used. Penalty for an unauthorized screening fee: $250 plus return of all fees. (Laws 2025, ch. 122 (SB 267), §§ 3, 4, 7 (new UORRA sections; amended NMSA § 47-8-48(B)))
What rental fees are banned or limited in New Mexico?
Every published rental listing must disclose in plain language all costs of the rental agreement: the base rent plus an itemized, readily identifiable description of every fee or charge that will be assessed during the residency. An owner is not liable for a third-party website's failure to show the costs the owner provided. Lease fees may be raised only with written notice at least 60 days before the periodic rental date or before the end of a fixed term (one rental period for residencies shorter than a month). Under the Unfair Practices Act, it is an unfair or deceptive trade practice to charge an applicant any fee other than a screening fee or deposit, or one not published in the listing, or to charge fees not included in the rental agreement. Late fees are capped at 5% of rent per rental period in default. (Laws 2025, ch. 122 (SB 267), §§ 2, 5, 6, 9)
Can a domestic violence survivor break a lease in New Mexico?
No statute. New Mexico has no right for domestic violence or sexual assault survivors to end a lease early. 2025 SB 400, which would have created one, died. The UORRA does give a defense: in an eviction based on a 3-day substantial-violation notice, being a victim of domestic violence or sexual assault is a defense. If the resident has filed for or obtained a temporary DV restraining order arising from the incident (or a prior one), the writ of restitution may not issue. Otherwise the court may evict only the accused resident and let the others stay. (NMSA 1978, § 47-8-33(J); 2025 SB 400 (died))
Can an eviction record be sealed or removed in New Mexico?
No eviction-specific sealing statute. 2025 HB 253, which would have sealed eviction records when a case is filed and unsealed them only after a judgment for the owner, died. (2025 HB 253 (died))
Can a landlord refuse Section 8 vouchers in New Mexico?
No statewide protection. 2025 HB 339, which would have added 'source of income' as a protected category for housing under the Human Rights Act, died. A similar 2024 bill (HB 25) was reported as failing in committee. (NMSA 1978, § 28-1-7 (no source-of-income category); 2025 HB 339 (died))
What does a New Mexico notice to pay rent or quit have to include?
The owner must give written notice of the nonpayment and of the owner's intention to terminate the rental agreement. If the resident does not pay within 3 days, the owner may terminate and the resident must give up possession. Paying the full amount due, in the manner stated in the notice, before the 3 days end bars a nonpayment case, so the notice should state the amount and how to pay. If the last day falls on a weekend or federal holiday, the cure period runs to the next business day. In court, relief is limited to the grounds stated in the written notice. The NM courts publish an official form (4-901, Three-day notice of nonpayment of rent). (NMSA 1978, § 47-8-33(D), (G), (H); Rule Form 4-901 NMRA)
What does a New Mexico notice to end a month-to-month tenancy have to include?
An owner ending a week-to-week or month-to-month residency, for any reason, must give advance written notice. The court system publishes an official 30-day notice to terminate (Form 4-903). (NMSA 1978, § 47-8-37(A)-(B); Rule Form 4-903 NMRA)
How long does a landlord have to sue for unpaid rent in New Mexico?
6 years for a written lease or other written contract; 4 years for an oral (unwritten) lease. (NMSA 1978, §§ 37-1-3(A), 37-1-4)
Can a landlord accept rent during an eviction in New Mexico?
No statute says that accepting rent waives a termination notice. For nonpayment, if the resident offers the full amount due, in the manner stated in the 3-day notice, before the notice expires, the owner cannot bring a nonpayment action. Without a written agreement, the owner may not apply a resident's rent payment to deposits or damages. (NMSA 1978, §§ 47-8-33(D), 47-8-15(G))
Can you be evicted in the winter in New Mexico?
No statute — the Uniform Owner-Resident Relations Act (NMSA 1978, §§ 47-8-1 to 47-8-52) has no winter or cold-weather limit on evictions. (NMSA 1978, ch. 47, art. 8 (full text searched))
Can a landlord give notice by text or email in New Mexico?
A nonpayment-of-rent notice is effective only if hand-delivered, mailed, or posted on an exterior door of the unit. For all other required written notices, a posting must also be accompanied by first-class mailing or hand delivery. The posting date must appear on the notice and is the effective date. A posted notice must be taped on all sides to a door or placed in a mail or notice receptacle. If a mailed notice comes back undeliverable, or the last-known address is the vacated unit, the owner must send at least one more notice to any alternate address the resident gave. (NMSA 1978, § 47-8-13(C)-(F))
How much notice is required for a rent increase in New Mexico?
For a month-to-month residency, written notice of a rent increase is required at least 30 days before the periodic rental date. For a fixed-term lease, the notice is required at least 30 days before the term ends. For periodic residencies shorter than a month, notice is required at least one rental period before the first increased payment. Since June 20, 2025, increases to lease fees need 60 days' written notice (one rental period for residencies under a month). (NMSA 1978, §§ 47-8-15(F), 47-8-19.4)
Does a landlord have to give a copy of the lease in New Mexico?
No statute requires the owner to give the resident a copy of the signed lease. At or before move-in, the owner must disclose in writing the name, address and phone number of the property manager and of an owner (or the owner's agent for service of process and notices), and keep this current. If the owner fails to do so, the resident is excused from the Act's requirements to give notice to the owner. (NMSA 1978, § 47-8-19)
What are tenants' rights in a foreclosure in New Mexico?
No New Mexico statute protects residents in foreclosure beyond federal law (federal PTFA applies). When the owner's interest ends (by sale, receivership or otherwise), the successor owner is liable for all obligations under the rental agreement and the Act. After written notice of the change, the resident pays future rent to the successor. (NMSA 1978, § 47-8-21)
Does a landlord have to fix mold in New Mexico?
No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. (NMSA 1978, § 47-8-20(A)(1)-(2))
Who pays for pest control and bed bugs in New Mexico?
No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. (NMSA 1978, §§ 47-8-20(A)(2)-(3), (5); 47-8-22(B)-(C))
Does a landlord have to provide heat in New Mexico?
Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. (NMSA 1978, § 47-8-20(A)(4), (A)(6))
Does a landlord have to provide air conditioning in New Mexico?
No state requirement to provide air conditioning or evaporative cooling, or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the owner must be kept in good and safe working order. (NMSA 1978, § 47-8-20(A)(4))
What can a landlord deduct from a deposit for cleaning or damage in New Mexico?
'Normal wear and tear' means deterioration from the intended use of the unit without negligence, carelessness, accident, abuse, or intentional damage by residents or anyone on the premises with the resident's consent; uncleanliness is not normal wear and tear. No deposit may be retained to cover normal wear and tear. At move-out the resident must leave the unit as clean as at move-in, except for ordinary wear and tear. (NMSA 1978, §§ 47-8-3 (definition of 'normal wear and tear'), 47-8-18(C), 47-8-22(B))
Can a landlord put cameras in or around a rental in New Mexico?
No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a misdemeanor (fourth-degree felony if the victim is under 18). Owner entry generally requires 24 hours' written notice of the purpose, date, and estimated time. (NMSA 1978, §§ 30-9-20, 47-8-24)
Can a landlord limit guests or roommates in New Mexico?
The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. (NMSA 1978, §§ 47-8-15(E), 47-8-22(G))
Can a landlord deny a service or emotional support animal in New Mexico?
The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. (NMSA 1978, §§ 28-11-1.1 to 28-11-6)
Official resources for New Mexico
- NM Compilation Commission (NMOneSource) - NMSA Chapter 47 (UORRA, Art. 8)
- NM Supreme Court Law Library - Landlord-Tenant Resource Guide (rev. Oct. 2025)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.