Landlord laws
New Mexico landlord-tenant law
New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 §§ 47-8-1 to 47-8-52, and § 28-1-7(G) (official NMSA 1978 compilation, nmonesource.com, NM Compilation Commission)
Last verified Oct 2026
General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
| Topic | Rule (plain English) | Statute | Status |
|---|---|---|---|
| Security deposit cap | Leases shorter than one year: the deposit may not exceed 1 month's rent. Annual leases have no cap, but if the deposit exceeds 1 month's rent, you must pay the tenant interest on it every year (see deposit interest). | NMSA 1978 § 47-8-18(A) | Verified |
| Deposit return deadline | Within 30 days after the lease ends or the tenant leaves, whichever is later, give an itemized written list of deductions and return the balance. Mailing to the last known address complies. No deductions for normal wear and tear. If you miss the deadline, you forfeit the right to withhold any of the deposit. | NMSA 1978 § 47-8-18(C)–(D) | Verified |
| Deposit holding and interest | If an annual lease deposit exceeds 1 month's rent, pay the tenant interest each year at the statutory passbook rate. No statute requires a separate account. | NMSA 1978 § 47-8-18(A)(1) | Verified |
| Late fee cap and grace period | If the lease provides for one, the late fee may not exceed 5% of the rent for each rental period in default. It's calculated on rent only, not deposits, fees or utilities. You must give notice of the fee by the last day of the next rental period. The statute sets no grace period. The 5% cap took effect June 20, 2025. | NMSA 1978 § 47-8-15(D) | Verified |
| Landlord entry notice | Unless otherwise agreed, give 24 hours' written notice stating the purpose, the date, and a reasonable time window. This doesn't apply to repairs the tenant requested within the past 7 days, or to entries with a public inspector or utility representative. | NMSA 1978 § 47-8-24(A) | Verified |
| Rent increase notice | Month-to-month: give written notice at least 30 days before the rental date. Fixed term: give at least 30 days before the term ends. Periodic tenancies shorter than a month: give at least one rental period's notice. | NMSA 1978 § 47-8-15(F) | Verified |
| Rent control status | Not specified in state statute. We checked every section of ch. 47 and found no New Mexico statute that imposes or preempts rent control. No state rent cap applies. | NMSA 1978 ch. 47 | Not in statute |
| Eviction notice: nonpayment | Give a written notice of nonpayment and your intent to terminate. The tenant has 3 days to pay. Paying the full amount, as stated in the notice, within that time bars an eviction for nonpayment. | NMSA 1978 § 47-8-33(D) | Verified |
| Eviction notice: lease violation | For a first material noncompliance, give a written notice with the dates and specific facts, stating that the lease will end at least 7 days after receipt unless the breach is remedied in 7 days. It must also say that a second breach within 6 months ends the lease. For a second breach within 6 months, a 7-day notice without a cure applies. Notices must be given within 30 days of the breach or of learning about it. | NMSA 1978 § 47-8-33(A)–(C) | Verified |
| Required disclosures | At or before move-in, disclose in writing the name, address and phone number of the manager and of an owner or agent for service and notices, and keep it current. For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113). | NMSA 1978 § 47-8-19; 40 CFR 745.113 | Verified |
| Fair housing beyond federal law | New Mexico adds ancestry, sexual orientation, gender identity, pregnancy and childbirth, spousal affiliation, and military status. | NMSA 1978 § 28-1-7(G) | Verified |
Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.
Tools for New Mexico landlords
Late fee calculator
Model grace periods and fees.
Open →Prorated rent calculator
Mid-month move-ins.
Open →Rent increase calculator
New rent and annual impact.
Open →General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.