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

Under the Uniform Owner-Resident Relations Act (UORRA) and recent 2025 legislative reforms, 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, can be considered an unfair or deceptive trade practice.

1. Manager and Owner Identity Disclosure

Before or at the commencement of the tenancy, the landlord must disclose in writing 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.

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. All Rental Costs Disclosure (Effective 2025)

Introduced by Senate Bill 267 in 2025, New Mexico landlords are now subject to strict fee transparency laws:

• 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 or charges.
• "Hidden fees" discovered at lease signing are now legally actionable as an unfair or deceptive trade practice under the Unfair Trade Practices Act.

4. Shared Utility Disclosures

If the landlord apportions utility costs for common areas or sub-meters individual apartments, they must provide specific transparency to the tenants:

• UPON REQUEST, the landlord must disclose the specific calculations and methodology used to apportion the utility bills.
• The landlord is permitted to charge a small administrative fee (not exceeding $5.00) for each monthly request for this information.

5. Late Fees Disclosure

For a late fee to be enforceable in New Mexico, it must be explicitly specified in the written lease agreement. cover, the landlord is required to provide written notice of any late fees assessed by the last day of the rental period immediately following the period in which the default occurred.

7. Written Move-In Condition Report

Under NM Stat. § 47-8-36, if a landlord intends to collect a security deposit, they must provide the tenant with a written report on the condition of the premises upon move-in. This report is essential for protecting the tenant's right to their deposit return.

8. Rent Increase Notice

For month-to-month tenancies, landlords must provide a minimum 30-day written notice prior to the periodic rental date before increasing the rent (NM Stat. § 47-8-19).

9. Copy of the Rental Agreement

How Landager Helps

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

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