Tenant Rulebook
General information from state law and official guides, not legal advice. Cities and counties can add their own rules.

All states

Landlord and tenant rules in New Mexico

The statewide rules on deposits, notice, entry and rent in New Mexico, mainly from the Uniform Owner-Resident Relations Act, NMSA 1978, 47-8-1 to 47-8-52. Checked 29 October 2026.

Security deposits and fees

Security deposit limit

1 month's rent for leases under a year1,2NMSA 47-8-18(A)

For a lease of less than one year, the deposit may not be more than one month's rent.

Deposit return deadline

30 days1,2NMSA 47-8-18(C)

Within 30 days after the lease ends or the tenant moves out, whichever is later, the landlord must return the deposit with an itemized written list of any deductions.

Interest on deposits

Required for deposits over 1 month on annual leases1,2NMSA 47-8-18(A)

On a lease of one year or more, if the deposit is more than one month's rent, the landlord must pay the tenant interest each year at the passbook rate.

Late fees

Up to 5% of the rent per rental period3,4,5NMSA 47-8-15(D)

Since June 20, 2025, a late fee may not be more than 5% of the rent for each rental period in default, and it is figured on rent only. The cap was 10% before that date.

Notice, entry and rent

Tenant ending a month-to-month tenancy

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Landlord ending a month-to-month tenancy

30 days6,7NMSA 47-8-37(B)

To end a month-to-month tenancy, the landlord must give written notice at least 30 days before the rent date named in the notice.

Notice of a rent increase

30 days (month-to-month)3,4NMSA 47-8-15(F)

For a month-to-month tenancy, the landlord must give written notice of a rent increase at least 30 days before the rent date it takes effect.

Statewide rent limits

Not yet confirmed

We have not confirmed this from an official source, so we show no figure.

Landlord entry

24 hours' written notice8,9NMSA 47-8-24

The landlord must give 24 hours' written notice of the purpose and timing of entry, unless both sides agree otherwise. No notice is needed in an emergency or for repairs the tenant asked for within the past seven days.

Notice for unpaid rent

3 days7,10NMSA 47-8-33(D)

For unpaid rent, the landlord must serve a written notice giving the tenant three days to pay. Paying the full amount within the three days stops the case.

Many cities and counties add their own rules, such as rent stabilization or longer notice periods, and a lease can give a tenant more protection than the law requires. Check your local housing office or a legal aid group before you act.

Sources

  1. NMSA 47-8-18 (2025), Justia (quotes state code)secondary
  2. NMSA 47-8-18, FindLaw (quotes state code)secondary
  3. NMSA 47-8-15 (2025), Justia (quotes state code)secondary
  4. NMSA 47-8-15, FindLaw (quotes state code)secondary
  5. Senate Judiciary Committee Substitute for Senate Bill 267 (2025), New Mexico Legislatureofficial
  6. NMSA 47-8-37, FindLaw (quotes state code)secondary
  7. Landlord Tenant Brochure (CV-ADMIN-1075, revised 07/2023), New Mexico Courts, 2023-07official
  8. NMSA 47-8-24 (2025), Justia (quotes state code)secondary
  9. NMSA 47-8-24, FindLaw (quotes state code)secondary
  10. Landlord Tenant Resource Guide (revised October 9, 2025), New Mexico Supreme Court Law Library, 2025-10-09official

"Secondary" sources reproduce the official text. We use them only where the official site could not be read.