New Mexico Required Disclosures: Lead Paint, Fees, and Utilities

Under the Uniform Owner-Resident Relations Act (UORRA), effective July 1, 1975, and the significant 2025 legislative reforms (Senate Bill 267, signed April 8, 2025), New Mexico landlords must provide a series of mandatory disclosures to prospective and current tenants. Failure to comply, particularly regarding the new fee transparency rules, is classified as an unfair or deceptive trade practice under the Unfair Practices Act.

1. Manager and Owner Identity Disclosure

Before or at the commencement of the tenancy, the landlord must disclose in writing (NMSA 1978, § 47-8-19) the name, address, and telephone number of:

• The person authorized to manage the premises.
• An owner of the premises, or a person authorized to act on behalf of the owner for the purpose of receiving service of process and notices.

If the owner's address changes, the tenant must be notified in writing within a reasonable time.

2. Federal Lead-Based Paint Disclosure

In compliance with federal law (EPA and HUD regulations), landlords of properties built prior to 1978 must provide:

• A specific EPA informational pamphlet ("Protect Your Family From Lead in Your Home").
• A written disclosure of any known lead-based paint or lead-based paint hazards on the property.
• A signed addendum attached to the lease acknowledging the disclosure.

3. Rental Cost and Fee Transparency (Effective 2025)

Introduced by Senate Bill 267 in 2025, New Mexico landlords are subject to strict fee transparency and limitation laws (NMSA 1978, §§ 47-8-19.1, 47-8-19.2):

• Published Listings: Landlords must disclose all costs associated with the rental agreement in any published listing. This includes the base rent and an itemized breakdown of any mandatory fees.
• Applicant Screening Fees: Screening fees are strictly capped at $50.00. Landlords must provide a receipt and must refund the fee within 30 days if the screening is not conducted or the unit is rented to a prior applicant.
• Unfair Practices: Charging undisclosed fees or unauthorized application fees is a violation of the Unfair Practices Act (NMSA 1978, § 57-12-2).

4. Shared Utility Disclosures

If the landlord apportions utility costs for common areas or sub-meters individual apartments, they must provide transparency (NMSA 1978, § 47-8-20):

• Upon Request: The landlord must disclose the specific calculations and methodology used to apportion the utility bills.
• Admin Fee: The landlord may charge an administrative fee not exceeding $5.00 for providing this itemized information monthly.

5. Late Fees Disclosure

For a late fee to be enforceable in New Mexico (NMSA 1978, § 47-8-15):

• Written Agreement: The fee must be explicitly specified in the written rental agreement.
• New 5% Cap: As of 2025, late fees are capped at 5% of the delinquent base rent (reduced from the previous 10%).
• Notice Requirement: The landlord must provide written notice of any late fees assessed by the last day of the rental period immediately following the period of default.

6. Rent and Fee Increase Notices

Under the 2025 amendments (SB 267):

• Rent Increases: For month-to-month tenancies, landlords must provide at least 30 days' written notice prior to the periodic rental date (NMSA 1978, § 47-8-37).
• Fee Increases: Landlords must provide at least 60 days' written notice before the end of the term for any increase in fees (NMSA 1978, § 47-8-19.4).

7. Security Deposits and Move-In Reports

Under NMSA 1978, § 47-8-18, New Mexico law does not mandate a written move-in condition report or walk-through inspection. While recommended to protect the right to withhold a deposit for damages, it is not a statutory requirement for collecting a security deposit.

Regarding deposit limits:

• For leases less than one year, the deposit is capped at one month's rent.
• For leases of one year or more, there is no cap, but interest must be paid on the amount exceeding one month's rent.

How Landager Helps

Landager automates the generation of compliant disclosure addendums and ensures your published listings meet the 2025 fee transparency standards required by New Mexico law.

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