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New Mexico Landlord-Tenant Laws

Last Updated: 2026-02-12 | Effective: 1975-07-01

Security Deposit Limits and Requirements

NMSA § 47-8-18
⏰ Timeline

Prior to or at occupancy; account information must be provided

✅ Key Requirements
  • 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
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Security Deposit Return Timeline

NMSA § 47-8-18(C)
⏰ Timeline

30 days after lease termination or surrender of premises (whichever is later)

✅ Key Requirements
  • 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
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Allowable Security Deposit Deductions

NMSA § 47-8-18(C)
⏰ Timeline

Deductions must be itemized within 30-day return period

✅ Key Requirements
  • ALLOWED DEDUCTIONS:
  • • Unpaid rent
  • • Damage beyond ordinary wear and tear
  • • Cleaning to restore original cleanliness level
  • • Other lease obligations
  • +10 more requirements
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Late Fees and Rent Payment Rules

NMSA § 47-8-15
⏰ Timeline

As specified in lease; no mandatory grace period

✅ Key Requirements
  • 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
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Rent Increase Requirements

NMSA § 47-8-37
⏰ Timeline

30 days' written notice for month-to-month tenancies

✅ Key Requirements
  • 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
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Eviction for Nonpayment of Rent

NMSA § 47-8-33
⏰ Timeline

3 days to pay or quit; then immediate court filing

✅ Key Requirements
  • 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
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Eviction for Lease Violations

NMSA § 47-8-33
⏰ Timeline

7 days to cure for curable violations; immediate for non-curable

✅ Key Requirements
  • CURABLE VIOLATIONS (7-day notice):
  • • Unauthorized pets or occupants
  • • Minor property damage
  • • Noise violations
  • • Other fixable breaches
  • +7 more requirements
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Terminating Month-to-Month Tenancies

NMSA § 47-8-37
⏰ Timeline

30 days' written notice required

✅ Key Requirements
  • 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
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Landlord's Right to Enter Rental Property

NMSA § 47-8-24
⏰ Timeline

24 hours' advance notice required; no notice for emergencies

✅ Key Requirements
  • 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
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Repairs and Maintenance Responsibilities

NMSA § 47-8-20
⏰ Timeline

Reasonable time after notice; emergencies should be immediate

✅ Key Requirements
  • LANDLORD MUST MAINTAIN:
  • • Structural integrity
  • • Plumbing and water systems
  • • Heating system
  • • Electrical systems
  • +8 more requirements
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Retaliation Protections for Tenants

NMSA § 47-8-39
⏰ Timeline

Retaliation presumed if action within 6 months of protected activity

✅ Key Requirements
  • PROTECTED ACTIVITIES:
  • • Requesting repairs
  • • Reporting code violations
  • • Organizing tenant union
  • • Exercising legal rights
  • +7 more requirements
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Fair Housing and Discrimination Protections

NMSA § 28-1-7, Federal Fair Housing Act 42 U.S.C. § 3604
⏰ Timeline

Complaints must be filed within 180 days with NM HRD or 1 year with HUD

✅ Key Requirements
  • NEW MEXICO PROTECTED CLASSES:
  • • Race, color, religion, sex
  • • National origin, ancestry
  • • Familial status, disability
  • • Sexual orientation, gender identity
  • +9 more requirements
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Reduce Your Risk Before Signing a Lease

New Mexico landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in New Mexico — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need New Mexico's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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.

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📝 Lease Agreement

$29

Complete state-specific residential lease agreement with all required disclosures.

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📈 Rent Increase Letter

$19

Compliant notice of rent adjustment with correct timing requirements.

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🚪 Notice to Vacate

$19

Lease termination letter following proper state procedures and notice periods.

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✅ Move-in Checklist

$9

Property condition documentation form to protect against deposit disputes.

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