New Mexico landlord-tenant laws offer a balanced framework of rights and responsibilities for both parties, with an emphasis on transparency, fair housing practices, and clearly defined rental procedures. While the state does not impose rent control, it does enforce specific limits on late fees, deposit handling, and entry notices, providing important protections for tenants and clear guidelines for landlords.
The legal rights and obligations of landlords and tenants in New Mexico are established under the New Mexico Statutes Annotated (NMSA 1978). These laws govern everything from required disclosures and security deposit rules to eviction notices and access to rental units.
Keep in mind that these laws are subject to change, and individual cities or counties may enforce additional housing regulations. The information provided below is not exhaustive, so you are encouraged to review the New Mexico statutes directly and consult a qualified attorney for legal guidance when necessary.
Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.
Quick Facts
Required Disclosures
Lead-based paint Landlord/agent ID Shared utilities Copy of rental agreement
Rent and Fees
Application Fees: Permitted Rent Control: Banned Late Fee Limit: 10% of monthly rent Grace Period Minimum: N/A
Security Deposits
Amount Limit: Reasonable Interest: Yes, if deposit exceeds one month’s rent Return Within: 30 days
Landlord Entry
Notice: 24 hours Permitted Times of Entry: Reasonable
Fair Housing Protections
Race Color National origin Religion Sex Familial status Disability Sexual orientation Gender identity Ancestry Marital status Pregnancy
Eviction Notices
Rent Demand Notice: 3-day pay-or-quit notice Notice for Lease Violation: 7-day cure-or-quit notice Notice for Repeat Violation: 7-day quit notice Unconditional Notice to Quit: 3-day quit notice
Rights and Responsibilities of New Mexico Landlords and Tenants
In New Mexico, landlord-tenant relationships are governed by the Uniform Owner-Resident Relations Act (UORRA), codified in Chapter 47, Article 8 of the New Mexico Statutes Annotated (NMSA 1978). This legislation outlines the rights and responsibilities of both landlords and tenants to ensure fair and safe rental practices. For instance, New Mexico law requires landlords to maintain the property, but they have the right to receive timely rent payments in return. Similarly, tenants are responsible for paying rent on time but have the right to live in safe and habitable housing.
Below, we outline the primary rights and responsibilities for both landlords and tenants in New Mexico.
Enter the rental property for inspections, repairs, or showings, providing that they give at least 24 hours notice and enter at reasonable times.
Initiate eviction proceedings for valid reasons, such as non-payment of rent or lease violations, following the legal eviction process.
New Mexico landlords are responsible for:
Ensuring the habitability of a rental property complies with applicable housing codes affecting health and safety.
Making necessary repairs and maintaining common areas in a safe condition.
Supplying sufficient utilities, such as running water, a reasonable amount of hot water, and reasonable heat, unless the building is not required by law to be equipped for that purpose or the unit has its own heating and hot water systems.
Maintaining insafe working order all systems and facilities they provide or are required to provide, including electrical, plumbing, heating, air conditioning, and elevators.
Providing appropriate receptacles for waste and arranging its removal.
Not retaliating against tenants who exercise their legal rights, such as filing complaints about housing conditions.
Have adequate privacy, with landlords required to provide at least 24 hours notice before entering the unit, with an exception for emergencies.
Be protected from discrimination based on race, color, national origin, religion, sex, familial status, disability, sexual orientation, gender identity, ancestry, marital status, and pregnancy.
Use remedies for noncompliance if a landlord fails to fulfill their obligations, such as rent abatement or termination of the rental agreement.
Keeping the premises clean and safe, and for using facilities and appliances in a reasonable manner.
Complying with all obligations imposed on them by applicable housing codes materially affecting health and safety.
Notifying landlords of anticipated extended absences going past seven days from the property, if such a period is specified in the rental agreement.
Avoiding damage to the property and ensuring that guests do not destroy, deface, or impair any part of the residence
Avoiding causing nuisances and conducting themselves in a manner that does not disturb the peace of neighbors.
New Mexico Required Disclosures
In New Mexico, landlords are legally required to provide specific disclosures to tenants to ensure transparency and compliance with both federal and state laws. These disclosures are designed to inform tenants about potential health hazards, the identities of responsible parties, and the terms of their rental agreements. Adhering to these requirements is essential for landlords to maintain lawful rental practices and foster trust with tenants.
Here are a few of New Mexico's required disclosures:
Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
Landlord/Agent Identification (NMSA § 47-8-19). Landlords must disclose to the tenant in writing the name, address, and phone number of the person authorized to manage the premises and the owner and/or person responsible for receiving notices.
Shared Utilities (NMSA § 47-8-20(F)). Upon request, landlords must disclose the calculations used as a basis for apportioning the cost of utilities for common areas and sub-metered apartments.
Copy of Rental Agreement (NMSA § 47-8-20(G)).The landlord or owner must provide a written rental agreement to each tenant prior to the start of the tenancy, as per New Mexico rental law.
New Mexico has several laws that regulate how landlords can charge and collect rent, fees, and other payments from tenants. These laws address things like application fees, rent increases, late charges, and tenants’ rights when landlords fail to maintain safe and habitable housing. While the state prohibits rent control and doesn’t mandate grace periods, landlords must still follow key legal guidelines outlined in the New Mexico Uniform Owner-Resident Relations Act (UORRA).
NSF/Bounced Check Fee Maximum: There is no specified service fee for bad checks in New Mexico.
Tenant Remedies
Withholding Rent/Repair and Deduct: If the landlord commits a material noncompliance with the rental agreement that affects health and safety, the tenant may give at least seven days’ notice and withhold one third of the pro-rata daily rent. If the unit is entirely uninhabitable, the tenant may withhold 100% of the rent until the landlord remedies the condition. Tenants in New Mexico are not permitted to repair and deduct (NMSA § 47-8-27.1, 47-8-27.2).
New Mexico Security Deposits
Security deposits in New Mexico are regulated by the Uniform Owner-Resident Relations Act (UORRA). These laws outline how much a landlord can charge, when interest must be paid, the timeframe for returning the deposit, and what deductions are legally allowed. While the rules are less strict than in some states, noncompliance can still lead to legal disputes and financial penalties.
Below is a summary of the key security deposit requirements in New Mexico:
Deposit Limit: Landlords in New Mexico may charge a reasonable amount for security deposits (NMSA § 47-8-18(A)). If the rental agreement lasts less than one year, the security deposit limit is one month’s rent (NMSA § 47-8-18(A)(2)).
Interest: If the security deposit exceeds one month’s rent, the landlord must pay interest on the security deposit to the tenant each year. The interest should be equal to the passbook interest permitted to savings and loan associations in New Mexico by the federal home loan bank board (NMSA § 47-8-18(A)(1)).
Deposit Location: Landlords are not required to keep security deposits in a separate bank account.
Withholding: The landlord may withhold funds from the security deposit for unpaid rent, unpaid utility bills, repair work, and other damages due to the tenant’s noncompliance with the rental agreement, not including normal wear and tear. The landlord must itemize these deductions and send the written list to the tenant with the remainder of the security deposit (NMSA § 47-8-18(C)).
New Mexico Tenant Screening and Fair Housing Protections
Landlords in New Mexico must comply with both state and federal fair housing laws when screening potential tenants. These laws are designed to protect renters from discrimination and ensure all applicants are treated fairly, regardless of personal identity or background. From advertising a rental unit to evaluating applications, landlords are prohibited from making decisions based on protected characteristics.
The following sections explain what qualifies as housing discrimination and outline the protected classes under both federal and New Mexico law.
What actions are considered housing discrimination?
Interacting with tenants in a biased or exclusionary manner
etc.
What are the protected classes in New Mexico?
Federal law protects tenants from discrimination based on:
Race
Color
Religion
Gender (Sex)
National origin
Familial status (e.g., having children)
Disability
New Mexico state law expands these protections. Under the New Mexico Human Rights Act (NMSA § 28-1-7(G), it is also illegal to discriminate based on:
Ancestry
Sexual orientation
Gender identity
Marital status
Pregnancy
These protections apply at all stages of the rental process, from listing and screening to lease enforcement and termination. Violating fair housing laws can result in legal penalties, including fines and civil claims.
Use of Credit Reports
New Mexico landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial.
Use of Criminal Histories
Criminal background checks may be used during tenant screening in New Mexico. However, credit bureaus in New Mexico may only report criminal convictions from seven years prior (NMSA § 56-3-6).
New Mexico landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.
Landlords in New Mexico have the legal right to access rental units for certain purposes, but they must do so in a way that respects tenants’ privacy. State law outlines when and why a landlord can enter an occupied property, including requirements for advance notice and acceptable reasons for entry.
Below is an outline of New Mexico's key landlord entry laws:
Permitted Times: New Mexico state law does not designate any time-of-day restrictions for entering. However, the landlord should attempt to reasonably accommodate the tenant’s request for an alternate time or date. Additionally, landlords may enter a property for inspections, repairs, decorations, alterations, improvements, services, or showings (NMSA § 47-8-24(A)).
Emergency Entry: In case of an emergency, the landlord may enter without advanced notice or consent (NMSA § 47-8-24(B)).
New Mexico Eviction Notices
Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in New Mexico, consider hiring an experienced real estate attorney and be sure to review the New Mexico eviction process in more detail.
Rent Demand Notice: 3 days to pay or quit (NMSA § 47-8-33(D)). This notice applies when a tenant fails to pay their rent after any grace period established in the lease agreement.
Notice for Lease Violation: 7 days to cure or quit (NMSA § 47-8-33(A)). This notice applies when a tenant violates another lease term besides nonpayment of rent.
Notice for Repeat Lease Violation:7 days to quit. According to New Mexico eviction law, this violation of lease notice applies when there is a second lease violation within six months of the initial breach (NMSA § 47-8-33(B)).
Unconditional Notice to Quit: 3 days to quit (NMSA § 47-8-33). This notice applies when a tenant knowingly commits a "substantial violation" on the premises.
Squatters are individuals who occupy a property without the legal permission of the owner or without a valid lease or rental agreement. In New Mexico, removing a squatter typically necessitates going through the full eviction process, just like with a traditional tenant. Landlords cannot forcibly remove a squatter or attempt to evict them without a court order. This includes actions like changing locks, shutting off utilities, or physically removing belongings.
Before taking any action to remove a squatter, it’s strongly advised to consult a qualified real estate attorney and carefully review New Mexico eviction and property laws. These requirements are outlined in New Mexico Statutes § 37-1-22 and have been interpreted by courts in various cases, such as Castellano v. Ortega, 108 N.M. 218 (1989).
In addition to the major legal requirements around leases, deposits, and fair housing, there are a few other important facts for New Mexico landlords to keep in mind, such as:
The average rent rate in New Mexico is $1,500, according to Zillow.
The median rent rate in Albuquerque according to Zillow is also $1,500.
Like most states, New Mexico requires landlords to give 30 days’ notice to increase rent for fixed-term tenancies. The notice should be provided 30 days prior to the end of the leasing term (NMSA § 47-8-15(F)).
Conclusion
New Mexico’s landlord-tenant laws provide a clear legal foundation for rental housing, balancing landlord interests with meaningful tenant protections. From required disclosures and security deposit rules to fair housing regulations and eviction procedures, these laws promote transparency, habitability, and accountability.
FAQs
How much can a landlord charge for a security deposit in New Mexico?
For leases under a year, landlords may charge up to one month’s rent. For longer leases, deposits must be "reasonable," and interest must be paid on any amount exceeding one month’s rent (NMSA § 47-8-18).
When must a landlord return the security deposit in New Mexico?
Landlords must return the security deposit within 30 days after the lease ends, along with an itemized list of any deductions (NMSA § 47-8-18(C)).
What is the eviction process in New Mexico?
The eviction process is complex and specific to each state, so be sure to research the New Mexico eviction process in more detail before initiating one. In general, landlords must issue the appropriate notice, which is typically a 3-day notice to pay or quit for nonpayment, and follow legal procedures to file for eviction. Self-help evictions are illegal in New Mexico, meaning landlords cannot shut of a tenant's utilities or take other measures to force the tenant out.
Can a landlord charge late fees in New Mexico?
Yes, but late fees are capped at 10% of the monthly rent and must be disclosed in the lease agreement (NMSA § 47-8-15(D)).
Are tenants allowed to withhold rent for repairs?
In limited cases, yes. If a landlord fails to make essential repairs affecting health or safety, tenants may withhold one-third of the daily rent, or all rent if the unit is uninhabitable, after providing 7 days’ written notice (NMSA § 47-8-27.1, § 47-8-27.2).
