NM · State landlord-law profile
New Mexico landlord-tenant rules
10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
5 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: 1 month's rent for rental agreements shorter than one year. Under an annual rental agreement there is no fixed cap, but any deposit exceeding one month's rent must earn annual interest paid to the resident at the passbook rate. (N.M. Stat. Ann. § 47-8-18(A)(1)-(2), confirmed 2026-10). Returning the deposit: 30 days after termination of the rental agreement or resident departure, whichever is later, to deliver an itemized written list of deductions and the balance (mailing to last known address suffices). Owner who fails to do so forfeits the right to withhold any portion of the deposit and to counterclaim, and is liable for court costs and reasonable attorney fees. (N.M. Stat. Ann. § 47-8-18(C)-(D), confirmed 2026-10).
How New Mexico treats the landlord's core obligations
Late fees: If the lease provides for a late fee, it may not exceed 5% of the rent for each rental period in default (reduced from 10% by Laws 2025, ch. 122, SB 267). Calculated on rent only (excluding deposits, other fees, utilities). To assess it, the owner must give notice of the fee no later than the last day of the next rental period. No statutory grace period. (N.M. Stat. Ann. § 47-8-15(D), as amended by Laws 2025, ch. 122 (SB 267), § 6, confirmed 2026-10). Application fees: Screening fee capped at $50 (new UORRA section enacted by Laws 2025, ch. 122, SB 267 § 3), conditioned on written/digital notice and applicant's written agreement, a receipt, no fee when the unit is not actually available, and no other application-processing fees. Fee must be returned within 30 days if a prior applicant takes the unit or no screening is performed; only one screening fee per applicant per 90 days across commonly owned properties. Charging non-screening fees is an unfair or deceptive trade practice. (N.M. Stat. Ann. § 47-8-? (new section, Laws 2025, ch. 122, § 3 — 'Dwelling unit applicant screening fee; prohibited fees'), confirmed 2026-10).
Nonpayment notice: 3 days: if rent is unpaid when due and the resident fails to pay within three days after written notice of nonpayment and intent to terminate, the owner may terminate; tender of the full amount due before the 3-day notice expires bars the action. (N.M. Stat. Ann. § 47-8-33(D), confirmed 2026-10). Rent increases: Month-to-month: written notice at least 30 days before the periodic rental date; fixed term: at least 30 days before the end of the term; periods shorter than a month: one rental period. No statewide rent cap. (2025 amendments also require all fees to be disclosed in listings and notice of fee increases.) (N.M. Stat. Ann. § 47-8-15(F), as republished in Laws 2025, ch. 122 (SB 267), § 6, confirmed 2026-10). Ending a month-to-month tenancy: 30 days' written notice before the periodic rental date specified in the notice (either party); 7 days for week-to-week residencies. (N.M. Stat. Ann. § 47-8-37(B), confirmed 2026-10). Entry: 24 hours' written notice stating the purpose, date and a reasonable estimate of the time of entry (unless otherwise agreed). Exceptions: entry to perform repairs or services within 7 days of a resident request, entry accompanied by a public official or utility/cable representative, and emergencies. (N.M. Stat. Ann. § 47-8-24(A)(1), (B), confirmed 2026-10).
New Mexico has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.
Security deposits
What New Mexico allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a New Mexico lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice New Mexico requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a New Mexico landlord may enter an occupied unit and how much notice the tenant must receive.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
New Mexico next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
| Rule | New Mexico | Arizona | Colorado | Oklahoma | Texas |
|---|---|---|---|---|---|
| Security deposit limit | 1× monthly rent | 1.5× monthly rent | No statewide cap | No statewide cap | No statewide cap |
| Deposit return deadline | 30 days after move-out | 14 days after move-out | 30 days after move-out | 45 days after move-out | 30 days after move-out |
| Late fees | Capped at 10% of monthly rent | No statewide cap (reasonableness standard) | Capped at $50; 7 days grace | No statewide cap (reasonableness standard) | Capped at 12% of monthly rent; 2 days grace |
| Rent-increase notice | 30 days | 30 days | 60 days | 30 days | 30 days |
| Non-emergency entry notice | 24 hours | 48 hours | 24 hours | 24 hours | Reasonable notice |
| Pay-or-quit notice | 3 days | 5 days | 10 days | 5 days | 3 days |
| Source-of-income protection | No statewide protection on file | No statewide protection on file | Protected statewide | No statewide protection on file | No statewide protection on file |
| Card surcharges on rent | Allowed within card-network limits | Allowed within card-network limits | Allowed within card-network limits | Allowed within card-network limits | Allowed within card-network limits |
Lease disclosures on file
Federal and state disclosures Aptoria's lease workflow surfaces for New Mexico. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
Official sources
Primary sources a New Mexico landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Browse landlord-law topics across all statesQuestions New Mexico landlords ask
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 5 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.