New Mexico landlord tenant law: the rules a landlord meets

New Mexico security deposit law

Most you can take

1 month’s rentNMSA 1978, § 47-8-18(A)Applies to rental agreements under one year. For an annual agreement a larger deposit is allowed, but the owner must pay the resident annual interest on it.

Back to the tenant within

30 daysNMSA 1978, § 47-8-18(C)Itemised list of deductions and balance within 30 days of termination or the resident's departure, whichever is later.

Rent and late fees

Late fee

5% of the monthly rentNMSA 1978, § 47-8-15, as amended by Laws 2025, ch. 122 (SB 267)Calculated on rent only (not deposits, fees or utilities); owner must give notice of the fee by the last day of the next rental period.

New Mexico rent increase laws and rent control

Notice before a rent increase

30 daysN.M. Stat. Ann. § 47-8-15(F); § 47-8A-1Written notice at least 30 days before the periodic rent date on a month-to-month tenancy, or 30 days before the end of a fixed term. Tenancies shorter than a month need one rental period's notice, and the Rent Control Preemption Act bars local rent control.

Rent control

Local rent control bannedN.M. Stat. Ann. § 47-8-15(F); § 47-8A-1

Entering the property: notice to the tenant

Notice before you enter

24 hoursNMSA 1978, § 47-8-24

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysNMSA 1978, § 47-8-37Written notice at least 30 days before the periodic rental date specified in the notice.

Unpaid rent

3 daysN.M. Stat. Ann. § 47-8-33(D), (H)“3-day notice of nonpayment of rent”Paying in full within the period stops itTender of the full amount due, in the manner stated in the notice, before the 3 days run out bars any action for nonpayment. If the last day to cure falls on a weekend or federal holiday it moves to the next working day.

Another breach of the lease

7 daysN.M. Stat. Ann. § 47-8-33(A)-(C), (I)“7-day notice of noncompliance with rental agreement”The tenant can fix the breach within the periodThe notice must give dates and facts and be served within 30 days of the breach, and the tenant may remedy within 7 days. A second material breach within 6 months gets a 7-day notice with no cure, and a substantial violation such as drug dealing or serious violence gets a 3-day notice.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsN.M. Stat. Ann. § 47-8-36

The New Mexico eviction process, step by step

Disclosures a New Mexico lease has to carry

• The owner must disclose in writing the name, address and telephone number of the person authorised to manage the premises and of an owner or agent authorised to receive notices and service of process. (NMSA 1978, § 47-8-19)
• Base rent and every additional fee must be itemised and disclosed, and a fee increase at renewal of a month-to-month tenancy needs at least 60 days' written notice. (Laws 2025, ch. 122 (SB 267), amending the Owner-Resident Relations Act)