New Mexico Required Disclosures: Lead Paint, Fees, and Utilities
Comprehensive guide to required landlord disclosures in New Mexico, including the 2025 transparency rules for fees and shared utilities.
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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.
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.
Sources & Official References
Frequently Asked Questions
▶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.
▶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.
Read the complete guide▶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 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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