New Mexico Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in New Mexico
What are the late fee regulations in New Mexico?
New Mexico law requires that late fees must be reasonable and clearly specified in the lease agreement. Late fees cannot exceed 10% of the monthly rent amount and cannot be charged until rent is at least 3 days late, according to NMSA § 47-8-15. The lease must explicitly state the amount and timing of late fees. Landlords must provide written notice before assessing late fees.
What are the rules for security deposits in New Mexico?
Under New Mexico's Uniform Owner-Resident Relations Act (NMSA § 47-8-18), security deposits are limited to one month's rent for leases under one year. Landlords must return deposits within 30 days after the tenant moves out, providing an itemized list of any deductions. The deposit must be held in a New Mexico financial institution. Unlike some states, New Mexico does not require the deposit to be held in an interest-bearing account. Tenants should document the property condition at move-in and move-out with photos and a written inventory.
What are the eviction rules and tenant protections in New Mexico?
New Mexico requires: 1) 3-day notice for non-payment of rent, 2) 30-day notice for lease termination in month-to-month tenancies, 3) Written notice specifying lease violations with time to cure. Self-help evictions are illegal under the New Mexico Uniform Owner-Resident Relations Act (NMSA § 47-8-36). Landlords must obtain a court order. Tenants have protections under NM law and can only be evicted for specific statutory causes. The eviction process must follow proper legal procedures. Tenants may raise defenses including retaliation, discrimination, or habitability issues.
What are the maintenance requirements for landlords in New Mexico?
New Mexico law requires landlords to maintain: 1) Building structural elements in good repair, 2) Plumbing, heating, and electrical systems in working order, 3) Weather protection and waterproofing, 4) Safe and sanitary common areas, 5) Compliance with local housing codes. New Mexico follows the implied warranty of habitability under NMSA § 47-8-20. Tenants must provide written notice of repair needs. If landlords fail to make necessary repairs within 7 days, tenants may have the right to repair and deduct costs from rent or terminate the lease under NMSA § 47-8-27.2.
What notice is required for landlord entry in New Mexico?
New Mexico law requires landlords to provide reasonable notice (24 hours) before entering a rental unit, per NMSA § 47-8-24. Entry must be during reasonable hours unless there's an emergency. Landlords must have a legitimate purpose for entry such as repairs, inspections, or showing the unit. Tenants cannot unreasonably deny access. Unauthorized entry may violate tenant's right to quiet enjoyment and privacy and could result in penalties under NM law.
What are the rules for rent increases in New Mexico?
New Mexico law requires landlords to provide written notice before increasing rent: 30 days notice for month-to-month tenancies and one full rental period notice for yearly leases (NMSA § 47-8-15). For fixed-term leases, rent can only be increased at renewal unless specifically allowed in the lease. Rent increases cannot be retaliatory or discriminatory. Some New Mexico municipalities may have local rent control ordinances that limit the amount and frequency of increases. Landlords must comply with both state law and local regulations. Increases must be reasonable and cannot be used as retaliation against tenants exercising their legal rights.
What are my rights regarding repairs in New Mexico?
New Mexico tenants have repair rights under NMSA § 47-8-27.1: 1) Notify landlord in writing of needed repairs, 2) Give landlord 7 days to make repairs, 3) If landlord fails to make repairs affecting habitability, tenants may withhold rent, repair and deduct costs from rent, or terminate the lease. New Mexico law requires rental properties to meet basic standards of habitability. Tenants should document all repair requests and communications. For serious health/safety violations, tenants can file a complaint with local housing inspectors or the New Mexico Consumer Protection Division.
What are the rules about security deposit deductions in New Mexico?
New Mexico landlords can deduct for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other lease violations. Under NMSA § 47-8-18, deposits must be returned within 30 days of move-out with an itemized list of deductions. Security deposits are limited to one month's rent for leases under one year. Tenants should document the unit's condition at move-in and move-out. Landlords who wrongfully withhold deposits may be liable for damages plus court costs. The deposit must be held in a New Mexico financial institution.
What are New Mexico's requirements for smoke detectors?
New Mexico law (NMSA § 47-8-20(A)(5)) requires working smoke detectors in all rental units. They must be installed outside each sleeping area and on every level of the dwelling. Both smoke and carbon monoxide detectors are required in residential properties. Smoke alarms must be UL listed and properly maintained. Landlords must ensure detectors are working at the start of each tenancy and comply with local fire codes. Tenants are responsible for testing devices and replacing batteries during their tenancy. Tampering with detectors is prohibited and may result in fines.
What disclosures are required from New Mexico landlords?
New Mexico landlords must disclose: • Lead paint (pre-1978 buildings) as required by federal law • Security deposit terms and location (NMSA § 47-8-18) • Property manager/owner contact information • Utility arrangements and responsibilities • Any existing damage or defects • Notice of entry rights • Information about any outstanding code violations • Smoke and carbon monoxide detector compliance • Presence of known environmental hazards • Flood zone information (if applicable) • Tenant's rights and obligations under New Mexico law • Military personnel rights under NMSA § 47-8-9 • Available parking spaces and fees • Rent control status (if applicable)
Tenant Support
Rental Assistance
Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
