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New Mexico landlord-tenant law.

Updated August 2026. State law bars any city or county from adopting rent control or rent stabilization ordinances (Rent Control Preemption Act, NMSA 1978 47-8A-1), so none exist anywhere in the state.

Deposit limit

For leases shorter than one year, the deposit cannot exceed one month's rent. For leases of one year or longer there is no statutory cap, but any amount over one month's rent must earn passbook savings interest paid to the tenant annually (NMSA 1978 47-8-18).

Deposit return

Landlord must return the deposit with an itemized list of any deductions within 30 days after the tenant vacates (NMSA 1978 47-8-18).

Notice to pay

If rent is unpaid when due, the landlord must give 3 days' written notice of nonpayment and intent to terminate before the resident must vacate or the landlord can proceed with eviction (NMSA 1978 47-8-33).

Landlord entry

For routine, non-emergency entry, the owner must give at least 24 hours' advance written notice stating the purpose and a reasonable date and time frame; no notice is required in an emergency (NMSA 1978 47-8-24).

Security deposits

Deposit limit. For leases shorter than one year, the deposit cannot exceed one month's rent. For leases of one year or longer there is no statutory cap, but any amount over one month's rent must earn passbook savings interest paid to the tenant annually (NMSA 1978 47-8-18).

Getting it back. Landlord must return the deposit with an itemized list of any deductions within 30 days after the tenant vacates (NMSA 1978 47-8-18).

Late fees and rent

Late fees are capped at 5 percent of the rent for the rental period in default; the landlord must notify the resident of the fee no later than the last day of the next rental period following the default (NMSA 1978 47-8-15).

Ending a tenancy

Nonpayment of rent. If rent is unpaid when due, the landlord must give 3 days' written notice of nonpayment and intent to terminate before the resident must vacate or the landlord can proceed with eviction (NMSA 1978 47-8-33).

Month-to-month termination. Either party may end a month-to-month tenancy with written notice at least 30 days before the next periodic rental date (NMSA 1978 47-8-37).

Landlord entry

For routine, non-emergency entry, the owner must give at least 24 hours' advance written notice stating the purpose and a reasonable date and time frame; no notice is required in an emergency (NMSA 1978 47-8-24).

Required disclosures

  • Federal lead-based paint disclosure and EPA pamphlet for units built before 1978 (42 U.S.C. 4852d)
  • Name and address of the owner or manager authorized to receive notices and legal process (NMSA 1978 47-8-19)
  • Tenant must be given a copy of the signed rental agreement (NMSA 1978 47-8-20)

Lease clauses that do not hold up

  • Clauses requiring a resident or owner to waive or forego rights or remedies under the Uniform Owner-Resident Relations Act (NMSA 1978 47-8-16)
  • Retaliating against a resident, including by lease terms or rent increases, for reporting code violations, joining a tenant union, or exercising legal rights (NMSA 1978 47-8-39)

Notes for landlords

New Mexico's landlord-tenant law is the Uniform Owner-Resident Relations Act (NMSA 1978 Chapter 47, Article 8), and rent control is preempted statewide so annual increases are effectively unlimited outside of lease terms. The 3-day pay-or-quit notice is notably short compared to many other states.

Sources

This guide is general legal information for landlords, not legal advice. Statutes change and local ordinances can add stricter rules on top of state law. Confirm any requirement with the current statute or a licensed attorney in your state before acting on it.

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