New Mexico Landlord-Tenant Laws: Complete Residential Guide
Comprehensive guide to New Mexico residential tenancy laws under the Uniform Owner-Resident Relations Act (UORRA).
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
Residential landlord-tenant relationships in New Mexico are primarily governed by the Uniform Owner-Resident Relations Act (UORRA) (NMSA 1978, Chapter 47, Article 8), which became effective on July 1, 1975. The state maintains a statewide framework that balances the rights of owners and residents, with recent focus on fee transparency and notice precision. Legal actions under the Act are generally heard in the Magistrate or Metropolitan Court of the county where the property is located.
Key New Mexico Landlord Laws at a Glance
New Mexico limits security deposits for residential properties under NMSA § 47-8-18:
- Lease less than one year: The security deposit cannot exceed one month's rent.
- Lease one year or more: There is no statutory cap on the amount.
- Interest Requirements: If the security deposit exceeds one month's rent, the owner must pay the resident annually an amount equal to the passbook interest guideline rate on the total deposit.
Landlords must return deposits (minus itemized deductions) within 30 days of lease termination, provided the tenant has supplied a forwarding address. Landlords who fail to comply forfeit the right to keep any deposit.
For more detail, see our Security Deposits guide.
Application and Listing Requirements
New Mexico law imposes strict transparency requirements on rental applications and listings:
- Screening Fees: Landlords may charge a maximum of $50 per applicant for background and credit screenings. This is the only fee allowed for processing applications; other application fees are prohibited under NMSA § 47-8-19.2.
- Refunds: Screening fees must be returned within 30 days if the unit is rented to another applicant or if the screening is not performed.
- Listing Disclosures: Under NMSA § 47-8-19.1, owners must disclose all costs, including base rent and itemized fees, in plain language in any published rental listing.
Late Fees
Under NMSA § 47-8-15(D), late fees are strictly regulated:
- Maximum Fee: 5% of the periodic rent.
- Calculation: Late fees must be calculated based only on rent and cannot include deposits, utilities, or other fees.
- Notice: Landlords must provide written notice of the late fee by the last day of the next rental period.
Eviction Process
The New Mexico eviction process relies on specific notice periods under NMSA § 47-8-33:
- 3-Day Notice: Given for non-payment of rent or substantial lease violations (e.g., criminal activity). Substantial violations require a termination notice specifying the acts and a date not less than three days after receipt.
- 7-Day Notice: Given for standard, curable lease violations. If the tenant repeats the same violation within six months, a second 7-day notice can be served to terminate the agreement without an option to cure.
Self-help evictions (changing locks, shutting off utilities) are illegal and can result in civil penalties for the landlord.
For more detail, see our Eviction Process guide.
Rent and Fee Increases
New Mexico enforces a statewide ban on local rent control ordinances under NMSA 1978, § 47-8A-1. This statute prohibits municipalities or political subdivisions from enacting resolutions that control rental rates for privately owned real property. Landlords are generally free to raise rent to market rates upon the expiration of a lease term.
Notice requirements for increases include:
- Rent Increases: A 30-day written notice is required for month-to-month tenancies or for increases at the end of a lease term under NMSA § 47-8-15(F).
- Fee Increases: A 60-day written notice is required for any increase in fees under NMSA § 47-8-19.4.
For more detail, see our Rent Increases guide.
Explore more New Mexico residential compliance topics:
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Frequently Asked Questions
▶What are the New Mexico landlord-tenant laws every property owner should know?
Residential landlord-tenant relationships in New Mexico are primarily governed by the Uniform Owner-Resident Relations Act (UORRA) (NMSA 1978, Chapter 47, Article 8). The state generally balances landlord rights with tenant protections but implemented significant pro-tenant reforms in 2025 via Senate Bill 267. This guide covers the essential compliance requirements for property owners and landlords.
▶What is the New Mexico eviction process and how long does it take?
The New Mexico eviction process requires landlords to provide written notice to tenants before filing a court action. The type and length of notice depends on the reason for eviction — typically shorter for non-payment of rent and longer for lease violations or no-fault terminations. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal in New Mexico. The full court process varies but typically takes several weeks.
Read the complete guide▶What are the New Mexico security deposit rules and return deadlines?
New Mexico has specific rules governing how much landlords can charge for security deposits, how deposits must be held, and the deadline for returning deposits after a tenant moves out. Landlords must provide an itemized statement of any deductions made from the deposit. Failure to comply with deposit return deadlines can result in penalties and the forfeiture of the landlord's right to claim deductions.
Read the complete guide▶What are the New Mexico rent increase laws and caps for landlords?
New Mexico has specific rules governing when and how landlords can increase rent. During a fixed-term lease, rent generally cannot be increased unless the lease explicitly allows it. For month-to-month tenancies, landlords must provide proper written notice before an increase takes effect. Check whether New Mexico has any local rent control ordinances that may impose additional caps or requirements.
Read the complete guide▶What is the grace period for late rent in New Mexico?
New Mexico has specific rules regarding grace periods for late rent and the amount that can be charged as a late fee. Late fee provisions must be stated in the lease agreement, and fees must be reasonable. Check New Mexico state law and any applicable local ordinances for the exact grace period and late fee limits that apply to your rental property.
Read the complete guide▶What disclosures must New Mexico landlords provide to tenants?
New Mexico landlords must provide certain disclosures to tenants before or at the time of lease signing. Common required disclosures include lead-based paint hazards (for pre-1978 buildings, a federal requirement), the identity of the landlord or property manager, and any known material defects in the property. Additional state-specific disclosures may include flood risk, mold hazards, and environmental conditions.
Read the complete guide▶What are the New Mexico lease requirements for rental properties?
New Mexico recognizes both written and oral leases, though written leases are strongly recommended for terms longer than one year. Lease agreements should include the rent amount, payment due date, security deposit terms, maintenance responsibilities, and rules regarding entry, pets, and subletting. Certain lease clauses that waive tenant statutory rights may be void and unenforceable under New Mexico law.
Read the complete guide▶What are New Mexico landlord maintenance obligations and habitability standards?
New Mexico landlords must maintain rental properties in a condition that is fit for habitation and complies with applicable building, housing, and health codes. This includes maintaining structural integrity, plumbing, heating and cooling systems, electrical systems, and pest control. Tenants typically have the right to request repairs in writing, and if repairs are not made within a reasonable time, tenants may have legal remedies available.
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