Your lease or rental agreement should spell out your landlord’s key rent rules, including:
- the amount of rent (there are no limits to how much a landlord can charge in New Mexico since there are no communities with rent control in the state)
- where rent is due (such as by mail to the landlord’s business address)
- when rent is due (including what happens if the rent due date falls on a weekend date or holiday)
- how rent should be paid (usually check, money order, cash, and/or credit card)
- the amount of notice landlords must provide to increase rent
- the amount of any extra fee if your rent check bounces, and
- the consequences of paying rent late, including late fees and termination of the tenancy.
State laws in New Mexico cover several of these rent-related issues, including limits on late fees, the amount of notice a landlord must provide to increase rent under a month-to-month tenancy, and how much time a tenant has to pay rent or move before a landlord can file for eviction.
New Mexico Rules on Late Fees
Rent is legally due on the date specified in your lease or rental agreement (usually the first of the month). If you don’t pay rent when it is due, the landlord may begin charging you a late fee. Under New Mexico law, the landlord’s late fee policy must be in the lease or rental agreement and may not exceed 10% of the rent specified per rental period. The landlord must notify the tenant of the landlord’s intent to impose the charge no later than the last day of the next rental period immediately following the period in which the default occurred.
Amount of Notice New Mexico Landlords Must Give Tenants to Increase Rent
New Mexico landlords must deliver a rent increase notice at least 30 days before the rent due date. If you have a long-term lease, however, landlords may not increase the rent until the lease ends and a new tenancy begins—unless the lease itself provides for an increase.
Rent Increases as Retaliation or Discrimination
New Mexico landlords may not raise the rent in a discriminatory manner—for example, only for members of a certain race. Also, New Mexico landlords may not use a rent increase in retaliation against you for exercising a legal right—for example, in response to your legitimate complaint to a local housing agency about a broken heater.
New Mexico State Laws on Termination for Nonpayment of Rent
States set specific rules and procedures for ending a tenancy when a tenant has not paid the rent. New Mexico landlords must give tenants at least three days in which to pay the rent or move. If the tenant does neither, the landlord can file for eviction.
New Mexico Guide to Tenant Rights
For an overview of tenant rights when it comes to paying rent under New Mexico landlord-tenant law, see http://nmhealth.org/publication/view/guide/278/.
New Mexico State Laws on Late Fees, Termination for Nonpayment of Rent, and Other Rent-Related Issues
For state rent rules and procedures on issues such as raising rent, see N.M. Stat. Ann. §§ 47-8-15(B), 47-8-15(D), 47-8-37, and 47-8-15(F).
For New Mexico laws on termination for nonpayment of rent, see N.M. Stat. Ann. § 47-8-33(D).
See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.