At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 1 month's rent | For leases under 1 year; no limit for leases of 1 year or more |
| Rent control? | No | New Mexico does not have rent control |
| Required notice to raise rent? | 30 days | For month-to-month tenancies |
| Lease required in writing? | Yes, for leases > 1 year | Month-to-month can be oral |
| Landlord entry notice? | 24 hours | Written notice required before entry |
Security Deposits
New Mexico law limits security deposits based on the length of the lease. For leases of less than one year, the maximum deposit is one month's rent. For leases of one year or longer, there is no statutory limit on the deposit amount.
Landlords must return the deposit within 30 days of the tenant vacating the unit and providing a forwarding address. The return must include an itemized list of any deductions.
Eviction Procedures
New Mexico requires landlords to follow specific legal procedures to evict a tenant under the Uniform Owner-Resident Relations Act. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal.
Notice Requirements
- 3-Day Notice: For nonpayment of rent; tenant has 3 days to pay or vacate
- 7-Day Notice: For lease violations; tenant has 7 days to cure the violation or vacate
- 30-Day Notice: For termination of a month-to-month tenancy without cause
- Immediate action: For criminal activity or actions that pose an immediate threat to health and safety, the landlord may proceed directly to court
After the notice period expires, if the tenant has not complied, the landlord must file an eviction action in the appropriate court. Only a court order can compel a tenant to vacate.
Rent Control
New Mexico does not have any form of rent control. Landlords may raise rent by any amount with proper notice. For month-to-month tenancies, landlords must provide at least 30 days' written notice before a rent increase takes effect.
There are no statewide or local rent control ordinances in New Mexico.
cite: N.M. Stat. § 47-8-1 et seq.
Lease Agreements
New Mexico does not require a written lease for tenancies of one year or less. However, any lease for longer than one year must be in writing to be enforceable. Written leases are strongly recommended to clearly define the terms and responsibilities of both parties.
Required Disclosures
New Mexico landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties)
- Move-in condition statement: A written inventory of the condition of the premises at the time of move-in
- Name and address: Of the owner and any person authorized to manage the premises or receive service of process and demands on the owner's behalf
- Utilities: Disclosure of how utilities are metered and which party is responsible for payment
Tenant Rights
New Mexico provides important protections for tenants:
- Habitability: Landlords must maintain rental units in habitable condition, including working plumbing, heating, electrical systems, and structural integrity
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, such as reporting code violations, requesting repairs, or joining a tenant organization
- Discrimination protection: The New Mexico Human Rights Act prohibits discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, physical or mental disability, and serious medical condition
- Right to privacy: Landlords must provide at least 24 hours' notice before entering a tenant's unit, except in emergencies
- Repair remedies: Tenants may pursue remedies including rent reduction or lease termination if the landlord fails to maintain habitability after proper written notice
- Domestic violence protections: Victims of domestic violence may request lock changes and may terminate their lease early with proper documentation