Your lease or rental agreement should spell out your landlord’s key rent rules, including:
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.
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.
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.
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.
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.
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/.
For state rent rules and procedures on issues such as raising rent, see N.M. Stat. Ann. § §â