New Mexico Rental Fee Rules
New Mexico rules on rental fees for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: 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; Laws 2025, ch. 122 (SB 267), §§ 3, 4, 7 (new UORRA sections; amended NMSA § 47-8-48(B))
The rules 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. 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. |
Related questions
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
New Mexico vs. neighboring states
| State | Application / screening fees | Other rental fees |
|---|---|---|
| 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)) | 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 |
| Arizona | No statute caps or bans rental application or screening fees, and no statute requires portable screening reports. The only general rule is that the landlord must state in writing the purpose of any nonrefundable fee or deposit, and any fee or deposit not designated nonrefundable is refundable. A.R.S. § 33-1321(B); A.R.S. Title 33, Ch. 10 (§§ 33-1301 to 33-1381) checked | No general junk-fee or total-cost-of-rent statute. Specific limits: (1) the purpose of every nonrefundable fee must be stated in writing, and fees not designated nonrefundable are refundable (§ 33-1321(B)); (2) a landlord who bills utilities separately through submetering or ratio utility billing may recover only the provider's charges plus an administrative fee for actual administrative costs, with no other charges, and the lease must disclose the separately billed utilities and the fee amount (§ 33-1314.01(B)); (3) late fees must be 'reasonable' and set out in a written rental agreement to be required for reinstatement (§ 33-1368(B)); (4) a lease may not require the tenant to pay the landlord's attorney fees, except under a prevailing-party clause (§ 33-1315(A)(2)). A.R.S. §§ 33-1321(B), 33-1314.01, 33-1368(B), 33-1315(A) |
| Colorado | No fixed dollar cap. Under the Rental Application Fairness Act, a landlord may charge an application fee only to cover its actual or average costs of processing applications. The fee must be the same for every applicant for the unit, or for all units the landlord is offering at the same time. The landlord must disclose anticipated expenses or itemize actual expenses, explaining how any average-cost fee is calculated. The landlord must give a receipt (electronic unless the applicant asks for paper) and make a good-faith effort to refund any unused portion within 20 calendar days. Landlords must accept a portable tenant screening report and may not charge an application fee or any fee to access it. The landlord may require that the report is no more than 30 days old, is free to access, and comes with the applicant's statement that nothing material has changed. Applicants must be told of this right in ads, on the landlord's website, in the application, or orally. Landlords who accept only one application fee at a time and refund it within 20 days of a decline are exempt from the portable-report rules. A denial must be in writing with reasons, sent within 20 days. Violations: $2,500 plus costs and attorney fees after 7 days' notice, or $50 if the landlord cures within 7 days. Starting January 1, 2027, every rental application must also include a notice of the information and data the landlord will try to access when screening, a general description of the factors the landlord will consider (including credit history, rental history, income and, if applicable, criminal background), and whether the landlord uses a third-party tenant screening service and, if so, its name. The landlord does not have to adopt or disclose fixed disqualifying criteria. C.R.S. §§ 38-12-901 to 38-12-905; § 38-12-904(1.7) (added by HB 26-1196, effective Jan. 1, 2027) | Since January 1, 2026, rent advertisements and offers must show the total price, meaning all mandatory fees, as one number that is more prominent than any other price information. Landlords may not misrepresent fees and must disclose the nature, refundability, and recipient of any optional charges. The cost of separately billed utilities need not be included. Landlords may not charge tenants for: utilities above what the provider bills for the unit; fees that rise more than 2% during a lease of one year or less (except utilities); property taxes; payment processing, unless a free payment method is reasonably available; late fees on anything other than rent; anything needed to meet the landlord's own duties, including habitability; anything not actually provided; or common-area maintenance. Leases may not pass through a markup on third-party services greater than 2% of the bill or $10 a month (not both). A violation is a deceptive trade practice. If a written demand goes unpaid for 14 days, the tenant can recover actual damages plus 18% annual interest. Since March 26, 2026, a landlord may divide a building's utility bill among tenants with a ratio utility billing system (RUBS) only if the total billed to all tenants does not exceed what the utility charges for the whole premises, no markup, surcharge or administrative fee is added, common-area and shared-facility utility costs are left out, and the allocation method is clearly disclosed in the lease or a lease addendum. For residential buildings with permits applied for on or after July 1, 2027, gas, electric and water service must be metered by the utility or by a submeter. C.R.S. § 6-1-737 (added by HB 25-1090); § 38-12-801(3)(a)(VI); § 6-1-737(4)(a), (4.5) (as amended by HB 26-1013) |
| Oklahoma | No statute. The Oklahoma Residential Landlord and Tenant Act has no cap or refund rule for application or screening fees. 41 O.S. §§ 101-136 (no application-fee section) | No statute. Title 41 has no limits on move-in, convenience, or other rental fees and no fee-disclosure rule. 41 O.S. §§ 101-136 (no fee section) |
| Texas | No cap on application fees. Landlord must make printed tenant-selection criteria available with the application, and the applicant signs an acknowledgment; if the landlord rejects an applicant without having made the criteria available, it must refund the application fee and any application deposit. An applicant not accepted within 7 days is deemed rejected (application deposits refundable). Bad-faith failure to refund: $100 + 3 times the amount wrongfully retained + attorney's fees. No portable screening report law. Tex. Prop. Code Sec. 92.351-92.355 | No general statute limiting move-in, convenience or other rental fees or requiring total-cost-of-rent disclosure. Specific rules: late fees (limited by Sec. 92.019; tenant may request a written statement of late fees owed, Sec. 92.0191) and fees in lieu of a security deposit (Sec. 92.111). Tex. Prop. Code ch. 92 (Sec. 92.019, 92.0191, 92.111) |
| Utah | Not verified yet | Not verified yet |
City rules that may add to state law
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Compare rental fees in all 50 states and DC →
New Mexico Rental Fee Rules FAQ
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)
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.