New Mexico Landlord-Tenant Laws: Complete Residential Guide

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 DepositsPreview unavailable 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 ProcessPreview unavailable 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 IncreasesPreview unavailable guide.

Explore more New Mexico residential compliance topics:

• Security DepositsPreview unavailable
• Eviction ProcessPreview unavailable
• Required DisclosuresPreview unavailable
• Rent IncreasesPreview unavailable
• Lease RequirementsPreview unavailable
• Maintenance ObligationsPreview unavailable
• Late FeesPreview unavailable

How Landager Helps

Landager tracks lease terms, payment schedules, and maintenance requests - making it easy to stay compliant with New Mexico regulations.