New Mexico Landlord-Tenant Laws (2026)
Last reviewed: July 2026
New Mexico caps deposits at one month's rent for leases shorter than a year and caps late fees at 10% of monthly rent. Nonpayment evictions start with a 3-day notice, and landlords must give 24 hours' notice before entering. Rent control is not authorized anywhere in the state.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
New Mexico landlord-tenant rules at a glance
| Security deposit limit | 1 month's rent for leases under 1 year; no cap on annual leases (interest owed above 1 month) |
|---|---|
| Deposit return deadline | 30 days |
| Notice to enter | 24 hours' notice |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | 3-day notice to pay or quit |
| Late fee rule | Capped at 10% of the monthly rent |
| Month-to-month termination | 30 days |
| Governing statute | New Mexico Uniform Owner-Resident Relations Act (NMSA Ch. 47, Art. 8) |
Security deposits in New Mexico
The deposit rule in New Mexico is: 1 month's rent for leases under 1 year; no cap on annual leases (interest owed above 1 month). After the tenancy ends, the landlord must return the deposit within 30 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
New Mexico’s entry rule is: 24 hours' notice. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in New Mexico: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days in New Mexico). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, New Mexico requires: 3-day notice to pay or quit. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
New Mexico’s late fee rule: Capped at 10% of the monthly rent. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in New Mexico, the required notice is: 30 days. Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is New Mexico landlord-friendly or tenant-friendly?
New Mexico is generally considered moderate. New Mexico balances a fast 3-day nonpayment notice against a 10% late-fee cap, 24-hour entry notice, and deposit limits on shorter leases.
Official source
The governing law is the New Mexico Uniform Owner-Resident Relations Act (NMSA Ch. 47, Art. 8). Read the current text at the state’s official legislative site: https://nmonesource.com/nmos/nmsa/en/nav.do.
New Mexico landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in New Mexico?
- Security deposits in New Mexico are governed by the New Mexico Uniform Owner-Resident Relations Act (NMSA Ch. 47, Art. 8). The deposit rule is: 1 month's rent for leases under 1 year; no cap on annual leases (interest owed above 1 month). After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 30 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in New Mexico?
- For nonpayment of rent, New Mexico requires: 3-day notice to pay or quit. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the New Mexico Uniform Owner-Resident Relations Act (NMSA Ch. 47, Art. 8) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in New Mexico?
- New Mexico's entry rule is: 24 hours' notice. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, New Mexico requires 30 days of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the New Mexico Uniform Owner-Resident Relations Act (NMSA Ch. 47, Art. 8).
Compare nearby states
Related Lofty resources
- Rental property calculator — model cash flow with New Mexico vacancy and eviction-cost assumptions.
- Rental income investing guide — how landlord-tenant rules feed into returns.
- All 50 states + DC compared
This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in New Mexico may add their own requirements.