New Mexico Landlord-Tenant Law Guide
New Mexico's Uniform Owner-Resident Relations Act is detailed and notice-driven, with high-value lease review points around deposit term limits, 30-day itemization, 5% late-fee caps, 24-hour entry notices, rent abatement, and 3-day or 7-day eviction notices.
Security Deposit
Limit: 1 month's rent for rental agreements under 1 year. Annual agreements may involve a larger reasonable deposit, but interest is owed if the deposit exceeds 1 month's rent.
Return Period: Itemized deductions and any balance are due within 30 days after termination of the rental agreement or resident departure, whichever is later. Missed deadlines can forfeit withholding rights; bad-faith retention can add a $250 civil penalty.
Rent Increases
Month-to-month rent increases require written notice at least 30 days before the periodic rental date; fixed-term increases require 30 days before the end of the term unless the lease gives more protection.
Entry Notice
24 hours' written notification is generally required for ordinary entry, including intent, purpose, date, and a reasonable time frame; emergencies and resident-requested repairs have exceptions.
Key Statutes
- New Mexico Statutes §47-8-15 - Rent, Late Fees and Rent Increases
- New Mexico Statutes §47-8-18 - Security Deposits
- New Mexico Statutes §47-8-20 - Owner Obligations
- New Mexico Statutes §§47-8-27.1 and 47-8-27.2 - Owner Breach and Rent Abatement
- New Mexico Statutes §47-8-24 - Right of Entry
- New Mexico Statutes §47-8-33 - Resident Breach and Eviction Notices
- New Mexico Statutes §47-8-36 - Unlawful Removal and Diminution of Services
Common Issues
- Charging deposits above one month
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- Charging late fees above 5% or on utilities and add-on fees
- Using broad entry windows instead of 24-hour written notice with a time frame
- Confusing New Mexico rent abatement with generic repair-and-deduct
- Mixing 3-day nonpayment, 7-day material breach, and 3-day substantial violation notices