NM
New Mexico Landlord-Tenant Laws
Security Deposit Limits and Requirements
NMSA § 47-8-18
⏰ Timeline
Prior to or at occupancy; account information must be provided
✅ Key Requirements
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- 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
NMSA § 47-8-18(C)
⏰ Timeline
30 days after lease termination or surrender of premises (whichever is later)
✅ Key Requirements
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- 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
NMSA § 47-8-18(C)
⏰ Timeline
Deductions must be itemized within 30-day return period
✅ Key Requirements
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- 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
NMSA § 47-8-15
⏰ Timeline
As specified in lease; no mandatory grace period
✅ Key Requirements
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- 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
NMSA § 47-8-37
⏰ Timeline
30 days' written notice for month-to-month tenancies
✅ Key Requirements
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- 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
NMSA § 47-8-33
⏰ Timeline
3 days to pay or quit; then immediate court filing
✅ Key Requirements
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- 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
NMSA § 47-8-33
⏰ Timeline
7 days to cure for curable violations; immediate for non-curable
✅ Key Requirements
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- 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
NMSA § 47-8-37
⏰ Timeline
30 days' written notice required
✅ Key Requirements
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- 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
NMSA § 47-8-24
⏰ Timeline
24 hours' advance notice required; no notice for emergencies
✅ Key Requirements
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- 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
NMSA § 47-8-20
⏰ Timeline
Reasonable time after notice; emergencies should be immediate
✅ Key Requirements
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- LANDLORD MUST MAINTAIN:
- • Structural integrity
- • Plumbing and water systems
- • Heating system
- • Electrical systems
- +8 more requirements
Retaliation Protections for Tenants
NMSA § 47-8-39
⏰ Timeline
Retaliation presumed if action within 6 months of protected activity
✅ Key Requirements
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- PROTECTED ACTIVITIES:
- • Requesting repairs
- • Reporting code violations
- • Organizing tenant union
- • Exercising legal rights
- +7 more requirements
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
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- NEW MEXICO PROTECTED CLASSES:
- • Race, color, religion, sex
- • National origin, ancestry
- • Familial status, disability
- • Sexual orientation, gender identity
- +9 more requirements