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New Mexico State Laws

Landlords and tenants will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and a qualified lawyer. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official Rules, Regulations, and Guide

Details

Security Deposit:

  • Security Deposit Maximum: Statute allows landlords to demand “reasonable” deposits. For rental agreements of less than one year, the landlord cannot demand deposits exceeding one month’s rent. (§ 47-8-18(A))
  • Security Deposit Interest: For annual rental agreements requiring a deposit of more than one month’s rent, landlords must annually pay the tenant interest on the deposit equal to the passbook interest permitted to savings and loan associations by the Federal Home Loan Bank Board. (§ 47-8-18(A)(1))
  • Separate Security Deposit Bank Account: No statute
  • Pet Deposits: No statute
  • Non-Refundable Fees: No statute
  • Deadline for Returning Security Deposit: 30 days from termination of tenancy or move-out, whichever is later (§ 47-8-18(D))
  • Permitted Uses of the Deposit: A security deposit may only be used to pay any rent and utility costs owed and damages the landlord has suffered due to the tenant’s noncompliance with the rental agreement or statutory tenant obligations. (§ 47-8-18(C))
  • Require Written Description/Itemized List of Damages and Charges: Yes. The list must be itemized and given to the tenant within 30 days of the termination of the rental agreement or the tenant’s move-out, whichever is later. (§ 47-8-18(D))
  • Record Keeping of Deposit Withholdings: No statute
  • Receipt of Deposit: No statute
  • Failure to Comply: If the landlord fails to provide a written statement of deposit deductions and the remaining balance within 30 days of the end of a tenancy, the landlord forfeits the right to withhold any portion of the deposit. The landlord also forfeits the right to assert any counterclaim in any action brought to recover that deposit, becomes liable for court costs and reasonable attorney fees, and forfeits the right to sue for damages to the rental property. (§ 47-8-18(D))

Lease, Rent & Fees:

  • Rent Is Due: As stated in the lease (§ 47-8-15(B))
  • Rent Increase Notice: 30 days written notice for month-to-month rental agreements. For rental agreements that are less than month-to-month, the length of one rental period suffices for sufficient notice. For fixed-term agreements, written notice of a rent increase must be given at least 30 days before the end of the term. (§ 47-8-15(F))
  • Rent Grace Period: No statute
  • Late Fees: The landlord’s right to charge late fees must be stated in the lease. Any late fee for a given rental term cannot exceed 10 percent of the total rent for that term, and the landlord must give notice that the late fee is being charged no later than the last day of the following month after the default occurred. (§ 47-8-15(D))
  • Prepaid Rent: Prepaid rent may be required by a rental agreement. (§ 47-8-18(B))
  • Returned Check Fees: $25 (see the New Mexico Regulation & Licensing Department)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes. For violations of statutory landlord obligations, other than a failure or defect in an amenity, the tenant may be entitled to rent abatement of one-third the daily, prorated rent for unremedied conditions that require repair. If the unit is uninhabitable, the tenant may be entitled to 100 percent of the daily, prorated rent if the unit is uninhabitable. The tenant must give seven days notice to the landlord. See statutes for additional provisions. (§ 47-8-27.1 and § 47-8-27.2)
  • Tenant Allowed to Repair and Deduct Rent: No statute
  • Landlord Allowed to Recover Court and Attorney Fees: Yes, the prevailing party is entitled to reasonable attorney fees and court costs. (§ 47-8-48)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: The aggrieved party is obligated to mitigate damages. (§ 47-8-6(A))
  • Abandonment/Early Termination Fee: No statute

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease: No notice is required as the lease simply expires.
  • Notice to Terminate Tenancy – Month-to-Month Lease: 30 days written notice prior to the periodic rental date specified in the notice. (§ 47-8-37(B))
  • Notice to Terminate Tenancy – Week-to-Week Lease: Seven days written notice with the termination date specified in the notice (§ 47-8-37(A))
  • Termination of Tenancy with 24 Hours Notice: No statute
  • Notice of Date/Time of Move-Out Inspection: No statute
  • Notice of Termination for Nonpayment: Three days written notice after the unpaid rent is due. The tenant may avoid termination by paying the full amount due prior to the expiration of the three-day notice. (§ 47-8-33)
  • Termination for Lease Violation: Seven days written notice to remedy or quit (see § 47-8-33A). If there is a second instance of noncompliance within six months of the first violation, the landlord may deliver a seven day unconditional quit notice. See statute for additional requirements. (§ 47-8-33B)
  • Required Notice before Entry: 24 hours’ notice is required, except when the landlord enters to perform repairs or services within seven days of a tenant’s request or when the owner is accompanied by a public official or a cable television, electric, gas, or telephone company representative conducting an inspection. (§ 47-8-24(A)(1) and (2))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes (§ 47-8-24(A))
  • Entry Allowed with Notice for Showings: Yes (§ 47-8-24(A))
  • Emergency Entry Allowed without Notice: Yes (§ 47-8-24(B))
  • Entry Allowed During Tenant’s Extended Absence: Yes, if the landlord may enter the unit at times “reasonably necessary” if the tenant’s absence is longer than seven days. (§ 47-8-34(B))
  • Notice to Landlord of Extended Tenant Absence: Rental agreements may require the resident to notify landlord of any anticipated extended absence longer than seven days, no later than the first day of the extended absence. (§ 47-8-25)
  • Notice to Tenants for Pesticide Use: No statute
  • Lockouts Allowed: No (§ 47-8-36)
  • Utility Shut-offs Allowed: No (§ 47-8-36(A)(4))

Disclosures and Miscellaneous Notes:

  • Name and Addresses: At the start of a tenancy, the landlord or manager must disclose the name, address, and telephone number of the person authorized to manage the rental unit, the unit’s owner, and anyone authorized to act on behalf of the owner. (§ 47-8-19)
  • Copy of the Lease: A written rental agreement is required to be given to each resident prior to move-in. (§ 47-8-20(G))
  • Domestic Violence Situations:
    • Protection from Termination: Evictions are not allowed if the incident that caused the landlord to attempt the eviction was related to domestic violence, and the tenant has filed for a temporary restraining order as a result of the incident or a previous incident. If a landlord attempts to evict a tenant and the tenant is a victim of domestic violence, the tenant may use that as a defense to stop the eviction. In all other cases where domestic violence is raised as a defense, the court may evict the tenant accused of the violation, while allowing the other tenants to remain in the unit. (§ 47-8-33(J))
  • Landlord’s Duties: (§ 47-8-20)
    • Compliance: Comply with the requirements of applicable minimum housing codes impacting health and safety;
    • Repairs: Make repairs and do whatever is necessary to keep the rental unit in a safe condition;
    • Common Areas: Keep all common areas of the unit in a safe condition;
    • Maintenance: Maintain in good and safe working order electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other appliances, including elevators, if any;
    • Heat: Supply running water and a reasonable amount of hot water at all times, as well as “reasonable” heat, except if the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that an installation within the exclusive control of the resident generates heat or hot water.
  • Tenant’s Duties: (§ 47-8-22)
    • Compliance: Comply with obligations imposed upon tenants by applicable minimum standards of housing codes affecting health or safety;
    • Cleanliness: Keep the unit that the tenant occupies and uses as clean and safe as the conditions permit, and, upon termination of the residency, place the team in a clean condition, except for ordinary wear and tear;
    • Trash: Dispose of all ashes, garbage, and other waste cleanly and safely;
    • Plumbing: Keep all plumbing fixtures used by the resident as clean as their condition permits;
    • Appliances: Use all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and devices, including elevators, reasonably on the premises;
    • Damage: The tenant may not deliberately or negligently destroy damage, remove any part of the premises, or knowingly permit others to do so;
    • Quiet Enjoyment: Conduct oneself and require other persons on the premises with the tenant’s consent to conduct themselves in a manner that will not disturb neighbors’ peaceful enjoyment of the premises;
    • Rule Observance: Abide by all bylaws, covenants, rules, or regulations of any applicable condominium regime, cooperative housing agreement, or neighborhood association not inconsistent with the owner’s rights or duties.
  • Retaliation: Landlords must not increase rent, decrease services, or threaten or attempt to evict a tenant who has filed an official complaint to a government agency or has been involved in a tenant’s organization. Other actions are prohibited. (Read § 47-8-39 for more information.)
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License Required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor and Landlord/Tenant Associations

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