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New Mexico

New Mexico Landlord-Tenant Laws

Security deposit limits, eviction notices, rent control, and more for New Mexico.

How we research these summaries

Every rule on this page is drawn from state statutes and municipal codes and summarized with AI assistance. Each one cites the statute it's based on and links to a published text of that law so you can read it firsthand. Where a page says a city or county has no local rule on a topic, that means none was found for the topics covered here — not that none exists. Local governments also regulate rental housing in ways these pages don't track, including registration, licensing, inspections and habitability standards. These summaries may be incomplete or out of date, laws change often, and every property and tenancy has specifics a summary can't capture — so treat this as a starting point for your own research, not as legal advice, and check with the local jurisdiction and a qualified attorney before acting on your particular situation.

What to Know in New Mexico

Sources last checked July 2026

New Mexico caps security deposits at one month's rent only for leases shorter than one year; for leases of a year or longer, there is no specific statutory maximum, just a requirement that the amount be reasonable. Eviction for nonpayment requires a 3-day pay-or-quit notice, barred once the tenant pays in full, while other lease violations require 7 days to cure, escalating to an unconditional 7-day quit notice on a repeat violation within 6 months. New Mexico bans rent control at every level of government.

  • 3-day notice required before eviction for nonpayment of rent
  • 30-day move-out notice required for month-to-month tenancies
  • No rent control — no statutory cap on rent increases
  • New Mexico landlords must provide written notice before raising rent.
  • Security deposits capped at 1 month's rent
5 rules summarized · Each linked to the law it cites

Security Deposit Limits

Security Deposit Limits

What is the security deposit limit in New Mexico?

For rental agreements lasting less than one year, New Mexico landlords may not collect a security deposit exceeding one month's periodic rent. For leases of one year or longer, no specific statutory maximum applies, but the deposit must be reasonable. If the landlord holds a deposit greater than one month's rent, they must pay the tenant annual interest equal to the passbook savings rate permitted to state savings and loan associations. The deposit must be deposited in a federally insured interest-bearing account in New Mexico within 30 days of receipt. Landlords must return the deposit (with an itemized written statement of deductions) within 30 days after the tenancy ends and the landlord receives the tenant's forwarding address. A landlord who wrongfully retains the deposit in bad faith is liable for a $250 penalty plus the withheld amount.

NMSA 1978 § 47-8-18

Eviction Notice Requirements

Eviction Notice Requirements

What are the eviction notice requirements in New Mexico?

For nonpayment of rent, a New Mexico landlord must serve a written 3-day notice to pay or quit before filing for eviction. If the tenant pays the full amount owed before the 3-day period expires, the eviction action is barred (NMSA § 47-8-33(D)). For a material lease violation (other than nonpayment), the landlord must give a 7-day written notice to cure or vacate under NMSA § 47-8-33(A). If the tenant commits the same or a similar violation within 6 months of receiving the first notice, the landlord may terminate with a 7-day unconditional quit notice. To terminate a month-to-month tenancy without cause, the landlord must give at least 30 days' written notice prior to the next rental due date (NMSA § 47-8-37). New Mexico does not require just cause for no-fault terminations of month-to-month tenancies.

NMSA 1978 §§ 47-8-33, 47-8-37

Rent Increase Notice Periods

Rent Increase Notice Periods

How much notice is required for rent increases in New Mexico?

New Mexico landlords must provide written notice before raising rent. For month-to-month tenancies, at least 30 days' advance written notice is required before the first rental payment affected by the increase (NMSA § 47-8-15(F)). For periodic tenancies shorter than one month (e.g., week-to-week), written notice must be given at least one full rental period in advance. Rent cannot be increased during a fixed-term lease unless the lease agreement explicitly permits it. Landlords may not raise rent in retaliation for a tenant exercising legal rights (such as requesting repairs or filing complaints) within a 6-month window of that protected activity, under NMSA § 47-8-39. There is no cap on the amount of a rent increase.

NMSA 1978 §§ 47-8-15(F), 47-8-39

Rent Control / Rent Increase Caps

Rent Control / Rent Increase Caps

Is there rent control in New Mexico?

New Mexico expressly prohibits rent control at all levels of government. Under NMSA § 47-8A-1(A), no political subdivision or home rule municipality may enact any ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property. This Rent Control Preemption Act, originally enacted in 1991, means landlords may raise rent by any amount upon proper notice. No statewide cap on rent increase amounts exists. Retaliatory rent increases are prohibited under NMSA § 47-8-39.

NMSA 1978 § 47-8A-1

Move-Out & Lease Termination Notice

Move-Out & Lease Termination Notice

What is the move-out notice requirement in New Mexico?

Under NMSA § 47-8-37, either a landlord or tenant may terminate a month-to-month tenancy by giving at least 30 days' written notice prior to the next periodic rental due date specified in the notice. For week-to-week or other short-period tenancies, at least one full rental period of advance notice is required. Fixed-term leases expire on the end date stated in the lease without requiring a separate notice of intent to vacate, unless the lease agreement specifies otherwise. Tenants should review their lease for any contractual notice requirements that exceed the statutory minimums. Notice that does not give the full 30 days before the next rental date remains effective for the following rental period.

NMSA 1978 § 47-8-37

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