New Mexico Landlord-Tenant Law at a Glance
New Mexico ties its deposit cap to the lease length: one month’s rent for leases under a year, while a landlord who takes more on a longer lease must pay interest on it (NMSA § 47-8-18). Late fees are capped at 10% of the rent.
How Long Does a Landlord Have to Return a Security Deposit in New Mexico?
A New Mexico landlord has 30 days after the tenancy ends to return the deposit with an itemized list of deductions.
| Maximum Deposit | One month’s rent (leases under 1 year); more requires interest |
| Return Deadline | 30 days |
| Interest Required | Only on deposits above one month for leases of 1 year or more |
| Itemized Statement | Required |
| Statute Reference | NMSA § 47-8-18 |
How Much Can a Landlord Raise Rent in New Mexico?
New Mexico does not cap rent increases; late fees are limited to 10% of the rent for each rental period.
| Late Fee Limit | 10% of the rent per rental period |
| Rent Control Status | No rent control |
| Rent Increase Notice | 30 days for month-to-month |
| Statute Reference | NMSA §§ 47-8-15, 47-8-37 |
How to Evict a Tenant in New Mexico
A New Mexico eviction for unpaid rent starts with a 3-day notice; a substantial violation such as drug or violent activity allows a 3-day notice with no right to cure.
| Non-Payment Notice | 3 days |
| Lease Violation Notice | 7 days to cure |
| Month-to-Month Notice | 30 days |
| Illegal Activity | 3 days for a substantial violation |
| Statute Reference | NMSA §§ 47-8-33, 47-8-37 |
Can a Landlord Enter Without Permission in New Mexico?
No. New Mexico requires 24 hours’ notice before entry except in an emergency.
| Notice Required | 24 hours |
| Emergency Entry | Allowed without notice |
| Permitted Reasons | Inspect, repairs, agreed services, show the unit |
| Statute Reference | NMSA § 47-8-24 |
What Must a New Mexico Lease Disclose?
- Lead-based paint disclosure (pre-1978 housing)
- Name and address of the owner and manager (NMSA § 47-8-19)
What Repairs Is a Landlord Responsible For in New Mexico?
New Mexico landlords must keep the unit safe and habitable and maintain supplied systems; tenants can abate rent partially while defects remain.
What New Mexico landlords must maintain
- • Comply with building and housing codes affecting health and safety
- • Maintain supplied electrical, plumbing, heating and appliances
- • Supply running water, reasonable hot water and heat
What a New Mexico tenant can do
- • Partial rent abatement during the defect (NMSA § 47-8-27.1)
- • Terminate after 7 days’ written notice
| Statute Reference | NMSA §§ 47-8-20, 47-8-27.1 |