New Mexico landlord-tenant law FAQ
19 answers to common New Mexico landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in New Mexico?
Leases under one year: no more than one month's rent. Annual leases: more is allowed, but the owner must pay the tenant annual interest on a deposit over one month's rent.
Verified Source: NMSA 1978, § 47-8-18(A) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in New Mexico?
Itemized list of deductions and any balance within 30 days after the agreement ends or the tenant leaves, whichever is later.
Verified Source: NMSA 1978, § 47-8-18(C) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in New Mexico?
At least 24 hours' written notice stating the purpose, date and estimated time frame (not needed for repairs within 7 days of the tenant's request, or emergencies).
Verified Source: NMSA 1978, § 47-8-24(A) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in New Mexico?
Month-to-month: written notice at least 30 days before the rent date; fixed term: at least 30 days before the term ends; shorter periodic tenancies: one rental period in advance.
Verified Source: NMSA 1978, § 47-8-15(F) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in New Mexico, and how much?
Only if the lease provides for one; maximum 10% of the rent payment for each period in default, and the owner must give notice of the fee by the end of the next rental period.
Verified Source: NMSA 1978, § 47-8-15(D) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in New Mexico?
3 days' written notice of nonpayment and intent to terminate; paying the full amount due before the notice expires bars an eviction for nonpayment.
Verified Source: NMSA 1978, § 47-8-33(D) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
How much notice is needed to end a month-to-month tenancy in New Mexico?
Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week).
Verified Source: NMSA 1978 § 47-8-37(A)–(B) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in New Mexico?
Under an annual rental agreement, if the owner takes a deposit greater than one month's rent, the owner must pay the resident interest each year at the passbook rate. For agreements shorter than one year, the deposit may not exceed one month's rent.
Verified Source: NMSA 1978, § 47-8-18(A) · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in New Mexico?
New Mexico's Owner-Resident Relations Act requires no move-in inspection or checklist (full act read).
Verified Source: NMSA §§ 47-8-1 to 47-8-52 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in New Mexico?
Yes. An owner may not raise rent, cut services, or bring or threaten an eviction against a compliant resident who, within the previous 6 months: complained to a code or fair-housing agency, joined a residents' union, made a written repair request or otherwise exercised UORRA rights, sued or won a suit against the owner, testified for another resident, or lawfully abated rent.
Verified Source: NMSA 1978 § 47-8-39 · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in New Mexico?
Banned. Without a court order, an owner may not exclude or remove a resident by fraud, changing or plugging locks, blocking entrances, interfering with utilities (electricity, gas, water, heat, etc.), removing the resident's belongings, disabling appliances, or making the unit inaccessible or uninhabitable.
Verified Source: NMSA 1978 § 47-8-36 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in New Mexico?
Rent abatement: after written notice of required repairs, if the owner doesn't fix them within 7 days, the resident may abate one-third of the daily rent until fixed, or 100% if the unit is uninhabitable and the resident moves out because of it.
Verified Source: NMSA 1978 § 47-8-27.2 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in New Mexico?
At or before the start of the residency, the owner must disclose in writing the name, address and phone number of the manager and of an owner (or agent) authorized for service of process and notices, and must keep this current.
Verified Source: NMSA 1978, § 47-8-19 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in New Mexico?
After abandonment (7+ days' absence without notice while rent is delinquent), the owner must store the resident's property at least 30 days. The owner must deliver or mail written notice of intent to dispose on a date at least 30 days out, with contact information, and give reasonable access to retrieve it.
Verified Source: NMSA 1978 §§ 47-8-3(A), 47-8-34.1 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in New Mexico?
New Mexico's Owner-Resident Relations Act contains no military early-termination right (full act read). Domestic violence is a defense to some possession actions (§ 47-8-33(J)), but the act does not grant a right to terminate. Federal SCRA rights still apply.
Verified Source: NMSA § 47-8-33(J); §§ 47-8-1 to 47-8-52 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in New Mexico?
If the lease provides for a late fee, it may not exceed 10% of the total rent for each period in default, and the owner must give notice of the fee by the last day of the next rental period. The Owner-Resident Relations Act sets no grace period.
Verified Source: NMSA § 47-8-15(D) · last checked 2026-10-15 · Full late fee grace period page
What happens to the lease when a tenant dies in New Mexico?
An owner may ask the resident to name a contact person. When a sole occupant dies, the owner must turn the property over to that contact person (or another lawful claimant) and refund the deposit, less lawful deductions.
Verified Source: NMSA 1978 § 47-8-34.2 · last checked 2026-10-15 · Full death of a tenant page
How does the eviction court process work in New Mexico?
An owner's action for possession is set for trial 7 to 10 days after the summons is served. For good cause the court may continue the hearing by up to 7 days.
Verified Source: NMSA 1978 § 47-8-43 · last checked 2026-10-15 · Full eviction court process & timeline page
What is the military lease termination (federal scra, all states) rule in New Mexico?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
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