New Mexico Landlord-Tenant Laws
Security Deposit Limits and Requirements
Prior to or at occupancy; account information must be provided
- MAXIMUM: 1 month's rent
- Can only be charged once per tenancy
- Landlord must provide in writing:
- • Name of financial institution
- • Address of institution
- +5 more requirements
Security Deposit Return Timeline
30 days after lease termination or surrender of premises (whichever is later)
- TIMELINE: 30 days after:
- • Lease termination, OR
- • Surrender and acceptance of premises
- • Whichever occurs LAST
- Must provide written itemized statement of deductions including:
- +5 more requirements
Allowable Security Deposit Deductions
Deductions must be itemized within 30-day return period
- ALLOWED DEDUCTIONS:
- • Unpaid rent
- • Damage beyond ordinary wear and tear
- • Cleaning to restore original cleanliness level
- • Other lease obligations
- +10 more requirements
Late Fees and Rent Payment Rules
As specified in lease; no mandatory grace period
- NO STATUTORY LIMIT on late fee amount
- Late fees must be REASONABLE
- Must be clearly stated in written lease
- Industry standard: 5-10% of rent or $50-100 flat fee
- NO MANDATORY GRACE PERIOD unless in lease
- +2 more requirements
Rent Increase Requirements
30 days' written notice for month-to-month tenancies
- NO RENT CONTROL in New Mexico
- Fixed-term lease: cannot increase during term unless lease allows
- Month-to-month: 30 days' written notice REQUIRED
- Notice must state new rent amount and effective date
- Cannot be retaliatory or discriminatory
- +1 more requirements
Eviction for Nonpayment of Rent
3 days to pay or quit; then immediate court filing
- 3-DAY NOTICE TO PAY OR QUIT required
- Notice must be in writing
- Must demand payment OR possession
- Must state amount of rent owed
- Tenant has 3 days to pay full amount or vacate
- +2 more requirements
Eviction for Lease Violations
7 days to cure for curable violations; immediate for non-curable
- CURABLE VIOLATIONS (7-day notice):
- • Unauthorized pets or occupants
- • Minor property damage
- • Noise violations
- • Other fixable breaches
- +7 more requirements
Terminating Month-to-Month Tenancies
30 days' written notice required
- 30 DAYS' WRITTEN NOTICE required from either party
- Notice must be in writing
- Must state specific termination date
- Count 30 full days from notice delivery
- Cannot be retaliatory (landlord)
- +1 more requirements
Landlord's Right to Enter Rental Property
24 hours' advance notice required; no notice for emergencies
- 24 HOURS' NOTICE REQUIRED (1 day)
- Notice should state date, time, and purpose
- Entry must be at reasonable times
- PERMITTED REASONS:
- • Inspect premises
- +5 more requirements
Repairs and Maintenance Responsibilities
Reasonable time after notice; emergencies should be immediate
- LANDLORD MUST MAINTAIN:
- • Structural integrity
- • Plumbing and water systems
- • Heating system
- • Electrical systems
- +8 more requirements
Retaliation Protections for Tenants
Retaliation presumed if action within 6 months of protected activity
- PROTECTED ACTIVITIES:
- • Requesting repairs
- • Reporting code violations
- • Organizing tenant union
- • Exercising legal rights
- +7 more requirements
Fair Housing and Discrimination Protections
Complaints must be filed within 180 days with NM HRD or 1 year with HUD
- NEW MEXICO PROTECTED CLASSES:
- • Race, color, religion, sex
- • National origin, ancestry
- • Familial status, disability
- • Sexual orientation, gender identity
- +9 more requirements
New Mexico Legal Forms
State-specific landlord forms powered by LawDepot. Affiliate links — we may earn a commission at no extra cost to you.
⚖️ Eviction Notice$29 Official eviction notice with proper legal language and state-specific requirements. Get Form → |
📝 Lease Agreement$29 Complete state-specific residential lease agreement with all required disclosures. Get Form → |
📈 Rent Increase Letter$19 Compliant notice of rent adjustment with correct timing requirements. Get Form → |
🚪 Notice to Vacate$19 Lease termination letter following proper state procedures and notice periods. Get Form → |
✅ Move-in Checklist$9 Property condition documentation form to protect against deposit disputes. Get Form → |
🔍 Browse All Forms500+ Explore LawDepot's complete catalog of landlord forms, agreements, and documents. Browse Forms → |