Overview of Landlord-Tenant Laws in New Mexico

Renting a property in New Mexico is governed primarily by the Uniform Owner-Resident Relations Act (UORRA). This act sets out the rights and duties of both landlords and tenants. Understanding these laws is essential for a smooth tenancy.

Rental Application and Screening Laws

A "screening fee" is a one-time charge assessed by a landlord to run a credit report, perform background checks, or generally process a rental application. In New Mexico, landlords can charge a screening fee of up to $50. This is the only fee that landlords can charge to process a rental application. Landlords must provide written notice of the screening fee and obtain the applicant's written agreement to pay it, and they must also provide a receipt for the fee.

The screening fee must be returned to the applicant within 30 days if the landlord:

• offers the rental to a prior applicant; or
• doesn't actually process the application or vet the applicant.

(N.M. Stat. § 47-8-19.2 (2025).)

Background Checks

Landlords can require tenants to authorize or provide a background check. If an applicant provides their own background check, the landlord can't require a new check as long as the one provided was completed within 90 days of the application date for any properties under the same ownership.

If the landlord runs the background check on the applicant, they must provide the report to the applicant.

(N.M. Stat. § 47-8-19.3 (2025).)

New Mexico Fair Housing Laws

All landlords must follow federal and state antidiscrimination laws when renting a property. Federal fair housing laws prohibit landlords from discriminating on the basis of:

• race or color
• religion
• national origin
• familial status or age (includes families with children under the age of 18 and pregnant women)
• disability, and
• sex (includes gender identity and sexual orientation).

New Mexico's fair housing laws add ancestry, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, and military status to the list of forms of unlawful discrimination. (N.M. Stat. § 28-1-7(G) (2025).)

Security Deposit Laws

New Mexico's security deposit requirements establish clear rules about how much landlords can charge, how deposits must be handled, and when they must be returned.

Security Deposit Limits

New Mexico law distinguishes between short-term and long-term rental agreements. For rental agreements lasting less than one year, landlords can't demand or receive a security deposit exceeding one month's rent. For rental agreements of one year or longer, there is no statutory maximum, but the deposit must be reasonable. Also, if the deposit is more than one month's rent, the landlord must pay the tenant annual interest equal to the passbook interest rate permitted to state savings and loan associations. (N.M. Stat. § 47-8-18(A) (2025).)

Return of Deposits

Upon termination of the tenancy, landlords can apply the deposit to cover unpaid rent and damages caused by the tenant's noncompliance with the rental agreement or their duties. Landlords can't use the deposit to cover normal wear and tear. (N.M. Stat. § 47-8-18(C) (2025).)

If the landlord keeps a portion of the deposit, they must provide the tenant with an itemized, written list of deductions and the balance of the deposit (if any) no later than 30 days of the end of the tenancy. Landlords who don't follow this rule:

• forfeit the right to keep any of the deposit
• forfeit the right to assert any counterclaim in a lawsuit to recover the deposit
• become liable for the tenant's court costs and attorneys' fees, and
• lose the right to sue the tenant for damages to the property.

Additionally, a landlord who wrongfully keeps the security deposit in bad faith is liable for paying a penalty of $250 to the tenant. (N.M. Stat. § 47-8-18 (2025).)

Required Landlord Disclosures

In many states, landlords must disclose specific information to tenants and potential tenants. In New Mexico, landlords must disclose information about:

• Owner or agent identity: Landlords must disclose to tenants in writing at or before the tenancy begins the name and address of the person authorized to manage the rental, and an owner of the premises or a person authorized to act for and on behalf of the owner for purpose of service of process and receiving notices. (N.M. Stat. § 47-8-19 (2025).)
• Illegal drug lab on premises: Landlords can't rent a property where controlled substances were manufactured or stored unless the landlord provides written notice of the fact to tenant. The tenant must acknowledge receipt of the notice in writing, and the landlord must provide a copy of the notice and acknowledgment to the New Mexico environment department. (N.M. Admin. Code § 20.4.5.13 (2025).)
• All costs of the rental: Landlords must disclose to applicants in plain language all costs of the rental agreement in a published listing, including the base rent and a description of all fees or charges that will be assessed during the residency. The fees and charges must be itemized and readily identifiable in the listing. (N.M. Stat. § 47-8-19.1 (2025).)
• Written lease or rental agreement: Landlords must provide tenants with a copy of the written lease or rental agreement before the tenancy begins. (N.M. Stat. § 47-8-20 (2025).)

In addition, landlords in all states must follow federal lead-based paint disclosure rules.

Late Fees and Other Rent Rules

In New Mexico, unless the parties agree otherwise, rent is payable at the rental at the beginning of each month. (N.M. Stat. § 47-8-15 (2025).) New Mexico state law prohibits rent control, so landlords can charge whatever rent the market will bear. (N.M. Stat. § 47-8A-1 (2025).)

As long as the lease or rental agreement allows it, landlords can charge a late fee. The late fee can't exceed 5% of the rent. To assess a late fee, the landlord must provide written notice of the fee no later than the last day of the next rental period immediately following the period in which the default occurred. (N.M. Stat. § 47-8-15 (2025).)

Rent Increases

New Mexico landlords can't raise the rent during the term of a lease unless the lease specifically allows them to do so. Toward the end of a tenancy, they must give the tenant at least 30 days' written notice of the rent increase.

For month-to-month tenancies, landlords must give 30 days' written notice.

(N.M. Stat. § 47-8-15 (2025).)

New Mexico Landlords Must Provide Habitable Rentals

Like landlords in all states, New Mexico landlords must provide rentals that are safe and fit for human habitation. Landlords must:

• substantially comply with applicable minimum housing codes materially affecting health and safety
• make repairs and do whatever is necessary to put and keep the premises in a safe condition
• keep common areas of the premises in a safe condition
• maintain in good and safe working order electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators
• provide and maintain appropriate receptacles for trash removal and arrange for removal; and
• supply running water and a reasonable amount of hot water at all times and reasonable heat (except where not required by law or where the tenant controls these utilities directly).

In single-family residences, landlords and tenants can agree in writing to have the tenant perform some of the duties normally assigned to the landlord. However, the tenant must receive consideration (something in exchange) for the agreement, and the agreement must be entered into in good faith. (N.M. Stat. § 47-8-20 (2025).)

Tenant Remedies

When landlords fail to maintain habitable conditions or otherwise breach their obligations, tenants have a few remedies available. Before exercising most of these remedies, tenants must provide written notice to the landlord specifying the breach. The notice must state the acts or failures to act that caused the breach, and warn that the tenancy will end in seven days if the landlord doesn't make a reasonable attempt to remedy the situation.

The potential remedies include:

• Termination of the lease. If the landlord fails to make a reasonable attempt to remedy a material breach affecting health and safety within seven days of the written notice, the tenant may terminate the rental agreement. Upon termination, the landlord must return the balance of any prepaid rent and deposits to which the tenant is entitled. (N.M. Stat. § 47-8-27.1 (2025).)
• Rent abatement. Instead of terminating the lease, the tenant can choose to withhold rent if the landlord doesn't fix the problem within seven days of the written notice. The tenant can withhold one-third of the daily rent for each day from the date of notice through the day the conditions are remedied or, if the tenant has to move out because of the problem, they can withhold 100% of the rent for each day they don't inhabit the rental. (N.M. Stat. § 47-8-27.2 (2025).)
• Damages and injunctive relief. Tenants may also recover damages and obtain injunctive relief (have the court order the landlord to fix the problem) if the conditions continue. This relief is available in addition to termination or rent abatement. (N.M. Stat. § 47-8-27.1(C) (2025).)

The tenant isn't entitled to any remedies if the condition was caused by their own acts or the acts of their family or guests.

Termination and Eviction Rules

New Mexico landlords must follow very specific rules and procedures to terminate a tenancy and then, if necessary, file an eviction lawsuit.

Notice of Termination for Cause

A landlord who wants to evict a tenant in New Mexico before the lease or rental agreement has expired must have cause—in other words, a legally valid reason to terminate the tenancy. Common reasons for terminating a tenancy in New Mexico include failing to pay rent or violating the lease or rental agreement.

When a landlord wants a tenant to leave for cause, the landlord must first terminate the tenancy. This is done by giving the tenant notice. The type of notice depends on the situation.

• Eviction for Nonpayment of Rent: When a tenant fails to pay rent, the landlord may serve a three-day notice of nonpayment. The notice must specify that the rental agreement will terminate in three days unless the tenant pays the full amount due. (N.M. Stat. 47-8-33(D) (2025).)
• Eviction for Lease Violations: For a first lease violation or a violation of health and safety obligations, the landlord must deliver a written notice specifying:
• the acts and omissions constituting the breach
• the dates and specific facts of the breach, and
• that the tenancy will terminate in seven days if the breach isn't remedied.

If the tenant cures the breach within seven days, the tenancy continues. But, if there's a second breach of the same type within six months, the landlord can deliver a seven-day notice to terminate and not give the tenant the opportunity to fix the problem. (N.M. Stat. § 47-8-33 (2025).)

• Eviction for Substantial Violation: If the tenant or another person in the unit knowingly commits a substantial violation, the landlord must deliver a written notice specifying the act and stating that the agreement will terminate in three days. The tenant does not have the right to remedy this violation. A "substantial violation" includes serious criminal conduct such as drug trafficking, unlawful use of deadly weapons, and intentional or reckless property damage exceeding $1,000. (N.M. Stat. §§ 47-8-3(V), 47-8-33(I) (2025).)

Landlords can only physically remove a resident after obtaining a writ of restitution from a court; self-help measures, such as changing the locks or removing the tenant's belongings, are not allowed.

Notice of Termination Without Cause

The process for ending a tenancy without cause depends on the type of tenancy.

• Long-Term Lease: Landlords can't end a long-term lease early without cause. They must wait until the term is over to have the tenant move out.
• Month-to-Month Rental Agreement: If the tenant has a written month-to-month rental agreement, and the landlord wants the tenant to move out, but doesn't have cause to end the tenancy, the landlord must give the tenant 30 days' written notice. (N.M. Stat. § 47-8-37 (2025).)

Tenant Defenses to Eviction in New Mexico

Tenants facing eviction in New Mexico may choose to fight the eviction by presenting one or more of the defenses provided by law. These defenses can prevent or delay removal if the landlord did not follow the law or if the tenant's rights were violated. Common legal defenses include:

• Retaliation: Landlords cannot evict tenants in retaliation for making repair requests, complaints, organizing with other tenants, or other protected activities within the last six months. (N.M. Stat. § 47-8-39 (2025).)
• Domestic Violence: Eviction for serious lease violations cannot proceed if the tenant is a victim of domestic violence and has sought a restraining order. (N.M. Stat. § 47-8-33(J) (2025).)
• Improper Notice or Service: Eviction notices must strictly comply with legal requirements about timing, content, and service method. (N.M. Stat. §§ 47-8-13, 47-8-33 (2025).)
• Right to Cure: Tenants can stop an eviction for nonpayment of rent by paying all owed rent within the three-day notice period, or can cure most lease violations within a seven-day period. (N.M. Stat. § 47-8-33 (2025).)
• Habitability and Repairs: Tenants may defend against eviction by showing the landlord failed to maintain safe and habitable conditions, and may offset rent for this reason if proper notice was given. (N.M. Stat. §§ 47-8-20, 47-8-27.1, 47-8-27.2 (2025).)
• Lack of Knowledge or Control: When evicted for a guest's or co-tenant's criminal activity, tenants can defend themselves if they did not know and could not have prevented it. (N.M. Stat. § 47-8-33(K) (2025).)
• Self-Defense: Lawful self-defense in response to threats or violence is also a statutory defense against eviction. (N.M. Stat. § 47-8-33(L) (2025).)

Tenants might also defend against an eviction by claiming that it was made for discriminatory purposes.

Rules About Landlord's Access to Property

Landlords can always enter a rental with the tenant's consent or when there's a reasonable belief of imminent danger to lives or property. Otherwise, in New Mexico, landlords must give 24 hours' written notice and can only enter at reasonable times. Landlords may enter to:

• inspect the rental
• make necessary or agreed repairs, decorations, alterations, or improvements
• supply necessary or agreed services; or
• show the unit to prospective or actual purchasers, mortgagees, residents, or contractors.

(N.M. Stat. § 47-8-24 (2025).)

Additionally, if a tenant notifies the landlord of an extended absence of seven days or more, the landlord may enter without notice during that absence. (N.M. Stat. § 47-8-34 (2025).)

Where to Find New Mexico Landlord-Tenant Laws

Cities and counties often pass local ordinances, such as health and safety standards, noise and nuisance regulations, and anti-discrimination rules that affect landlords and tenants. Many municipalities have websites—just search for the name of a particular city in New Mexico. If you would like to read the state statutes themselves, visit the New Mexico Compilation Commission's website.

Federal Landlord-Tenant Laws and Regulations

Congress and federal agencies, such as the U.S. Department of Housing and Urban Development (HUD) and the U.S. Environmental Protection Agency (EPA), have enacted laws and regulations that apply to the landlord-tenant relationship in New Mexico. These laws and regulations address topics such as discrimination and landlord responsibilities to disclose environmental health hazards, such as lead-based paint.

The U.S. Code is the starting place for most federal statutory research. It consists of 53 separate numbered titles, each covering a specific subject matter. Most federal regulations are published in the Code of Federal Regulations ("CFR"), which you can find online through the Library of Congress.