New Mexico Rent Increase & Late Fee Laws
New Mexico rules on rent increases & late fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Statewide preemption: no political subdivision or home-rule municipality may enact rent control on privately owned real property. NMSA 1978, § 47-8A-1
The rules 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) |
Free calculators
- Late Fee Checker — Check a late fee against your state's cap and grace period.
- Rent Increase Calculator — In states with a statewide rent cap, see the most your rent can go up this year.
Related questions
- Can a landlord raise the rent in the middle of a lease?
- How much can a landlord charge for a late fee?
- How much notice does a landlord have to give before raising the rent?
- Can a landlord evict you for no reason?
New Mexico vs. neighboring states
| State | Rent control / increase limits | Late fees |
|---|---|---|
| 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 | 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) |
| Arizona | Local rent control is preempted. Cities, including charter cities, and towns have no power to control rents on private residential property. There is no statewide rent cap. A.R.S. § 33-1329 | No statutory cap or grace period. The fee must be reasonable and set out in a written rental agreement. A.R.S. § 33-1368(B) |
| Colorado | Local rent control is preempted. No county or municipality may enact an ordinance or resolution controlling rent on private residential property, except voluntary agreements or deed restrictions with a permit applicant or owner for affordable housing. There is no statewide rent cap. C.R.S. § 38-12-301 | No late fee until rent is at least 7 calendar days late. The fee may not exceed the greater of $50 or 5% of the past-due rent, and it must be disclosed in the lease. The landlord may not evict for unpaid late fees, charge interest on late fees, or take late fees out of rent payments. Late-fee notice must be given within 180 days. C.R.S. § 38-12-105 |
| Oklahoma | No statewide rent cap. Cities are prohibited from enacting, maintaining or enforcing ordinances that set rent on privately owned residential (or commercial) property. 11 O.S. § 14-101.1 | No statutory cap or grace period. No late-fee section in 41 O.S. §§ 101-136 (full text checked) |
| Texas | No statewide rent control. Cities may adopt rent control only if the governing body finds a housing emergency due to a disaster and the governor approves the ordinance. Tex. Local Gov't Code Sec. 214.902 | Allowed only if notice of the fee is in a written lease, the fee is reasonable, and rent remains unpaid two full days after the due date. Safe-harbor reasonable fee: up to 12% of monthly rent (buildings with 4 or fewer units) or 10% (buildings with more than 4 units), or more if it does not exceed the landlord's uncertain damages. Tex. Prop. Code Sec. 92.019 |
| Utah | Local rent control prohibited: a county, city, or town may not enact an ordinance or resolution controlling rents or fees on private residential property without express approval of the Legislature. No statewide cap. Utah Code 57-20-1 | Late fee may not exceed the greater of 10% of the rent agreed in the rental agreement or $75. Utah Code 57-22-4(5)(a) |
City rules that may add to state law
More New Mexico rental law
- New Mexico Security Deposit Law
- New Mexico Eviction Laws
- New Mexico Notice to Vacate Rules
- Landlord Entry Rules in New Mexico
- New Mexico Repairs & Tenant Remedies
- Breaking a Lease in New Mexico
- Squatters' Rights in New Mexico
- New Mexico Rental Fee Rules
- New Mexico Section 8, Records & Right to Counsel
- New Mexico Mold, Pests, Heat & AC Rules
- New Mexico Privacy, Guests & Animal Rules
- New Mexico Landlord Selling the House
- New Mexico Lockouts, Utility Shutoffs & Retaliation
- New Mexico Subletting, Lease Endings & Tenant Death
- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
Compare rent increases & late fees in all 50 states and DC →
New Mexico Rent Increase & Late Fee Laws FAQ
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)
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))
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.