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State Reference Guide · West

New Mexico
Tenant Rights.

In New Mexico, the relationship between landlords and tenants is primarily governed by the Uniform Owner-Resident Relations Act (UORRA). This law balances the rights of both parties and provides specific procedures that must be followed for deposits, repairs, and evictions.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in New Mexico?

Tenants in New Mexico are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in New Mexico sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

New Mexico law sets strict limits on how much a landlord can charge and how the money must be handled.

Maximum Amount (§ 47-8-18)
Leases under one year: The landlord cannot charge more than one month’s rent as a security deposit.Leases of one year or more: There is no statutory limit on the amount, but if the deposit exceeds one month's rent, the landlord must pay interest to the tenant annually. The interest rate is tied to the state's passbook interest rate.
Return Deadline (§ 47-8-18(C))
Landlords must return the deposit (or a balance after deductions) within 30 days of the lease ending or the tenant moving out, whichever is later.
Itemization Requirements
If the landlord keeps any portion of the deposit, they must provide a written, itemized list of deductions for damages and unpaid rent.
Penalties for Non-Compliance
If a landlord fails to provide the itemized list or return the deposit within 30 days, they forfeit the right to keep any of the deposit. If the failure is "intentional," the tenant may sue for the full deposit, an additional $250 penalty, and attorney’s fees.
02
NOTICE

Eviction Notices and Procedures

Landlords in New Mexico cannot simply change the locks. They must follow a specific notice process before filing a "Petition for Restitution" in court.

Nonpayment of Rent (§ 47-8-33(D))
The landlord must provide a 3-Day Notice to Pay or Quit. This gives the tenant three days to pay the full amount due before the landlord can file for eviction.
Lease Violations (§ 47-8-33(A))
First Violation: A 7-Day Notice to Cure. The tenant has seven days to fix the issue.Second Violation: If the same violation occurs within six months of the first notice, the landlord can issue a 7-Day Notice to Quit (no right to cure).
Substantial Violation (§ 47-8-33(I))
For illegal activities (like drug crimes or violence on the property), a landlord can issue a 3-Day Notice to Quit.
Termination of Periodic Tenancies (§ 47-8-37)
Month-to-Month: 30 days' written notice from either party.Week-to-Week: 7 days' written notice.
03
NOTICE

Landlord Entry Requirements

Tenants have a right to privacy in their homes, but landlords have a right to maintain their property.

Notice Period (§ 47-8-24)
Landlords must provide at least 24 hours' notice before entering the unit.
Purpose of Entry
Entry is permitted for inspections, repairs, or showing the unit to potential buyers/tenants.
Emergency Exceptions
No notice is required in an emergency (e.g., a burst pipe or fire).
Tenant Requests
If a tenant requests repairs in writing, the landlord may enter without a specific 24-hour notice to perform those repairs, provided they enter within seven days of the request.
04
MONEY

Rent Control and Increases

Rent Control Status (§ 47-8-52)
New Mexico has a state preemption on rent control. This means local cities (like Albuquerque or Santa Fe) are prohibited by state law from enacting their own rent control ordinances.
Rent Increases
For month-to-month leases, the landlord must provide at least 30 days' notice before increasing the rent.
05
SAFETY

Habitability and Repairs

Landlords are required to maintain a "fit" premises.

Landlord Obligations (§ 47-8-20)
Landlords must comply with all housing codes, maintain electrical, plumbing, heating, and ventilation systems, and provide running water and reasonable amounts of hot water.
Rent Abatement (§ 47-8-27.1 & 47-8-27.2)
This is a unique New Mexico protection. If a landlord fails to provide essential services or breach the habitability warranty: - The tenant must give written notice of the problem.If the repair isn't made within 7 days, the tenant may "abate" (reduce) their rent.The abatement amount is one-third of the daily rent for each day the problem persists. If the unit is completely uninhabitable, the tenant may abate 100% of the rent for those days.
Repair and Deduct
Unlike some states, New Mexico does not have a broad "repair and deduct" statute that allows tenants to fix any issue and bill the landlord. Tenants should use the Abatement process instead to avoid eviction risks.
06
SAFETY

Retaliation Protections

New Mexico law protects tenants who stand up for their rights.

Protected Activities (§ 47-8-39)
A landlord cannot evict, decrease services, or increase rent because a tenant: - Complained to a government agency about housing code violations.Complained to the landlord about repairs or habitability.Joined or organized a tenant union.
Presumption of Retaliation
If the landlord takes an "adverse action" (like an eviction notice) within six months of the tenant performing a protected activity, the law presumes the landlord is retaliating. The landlord would then have to prove in court that they had a legitimate, non-retaliatory reason.
07
LEASE

Lease Requirements and Disclosures

Disclosures (§ 47-8-19)
At or before the start of the tenancy, the landlord must disclose in writing the name and address of the person authorized to manage the premises and the owner of the property.
Late Fees (§ 47-8-15)
Under NMSA § 47-8-15(D), late fees cannot exceed 10% of the total monthly rent. To legally charge this fee, the landlord must provide the tenant with written notice of the late fee no later than the last day of the next rental period following the default.
Peaceful Enjoyment
Every lease includes an implied covenant of "peaceful enjoyment," meaning the landlord cannot interfere with the tenant's legal use of the property.
Cities with local protections

These New Mexico cities layer extra tenant protections on top of state law: Albuquerque, Farmington, Las Cruces.

Common Questions

Frequently Asked

Security deposit limits in New Mexico are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the New Mexico statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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