New Mexico Landlord-Tenant Law
Know your rights as a renter in New Mexico. This guide covers security deposits, landlord entry, rent increases, eviction protections, and more under New Mexico law.
Legal basis: New Mexico landlord-tenant law — New Mexico Statutes
30
Days to Return Deposit
Varies by lease term
Max Deposit
24h
Entry Notice
Not Required
Deposit Escrow
Max Deposit shows the short version — read the full rule below.
What New Mexico law says about deposits
Maximum Deposit
1 month's rent for leases under 1 year; no cap for annual leases
Return Deadline
30 daysafter the agreement ends or the tenant leaves, whichever is later
Penalties, interest & late-fee rules under New Mexico law
If your deposit is wrongfully or late returned
If the owner does not give the resident the itemized statement of deductions and the balance within 30 days, the owner forfeits the right to withhold any part of the deposit, loses any counterclaim in an action to recover it and any independent action for damage to the rental property, and owes the resident court costs and reasonable attorney's fees; no bad faith is needed (NMSA 1978 § 47-8-18(D)). An owner who retains a deposit in bad faith also owes the resident a $250 civil penalty (§ 47-8-18(E)).
Interest on your deposit is required
Conditional: applies only under an annual (one-year-or-longer) rental agreement. If the owner demands or receives a deposit greater than one month's rent on such a lease, the owner must pay the resident annually interest equal to the passbook interest permitted to savings and loan associations in this state by the federal home loan bank board on the deposit. Rental agreements of less than one year are capped at one month's rent and carry no interest requirement (NMSA 1978 § 47-8-18(A)).
Grace period
No mandatory grace period
Must be in the lease
Yes — a late fee is only enforceable if it is written into your lease
Your privacy protections
Required Notice Period
24 hours
written, with the purpose, date and time frame, unless you and the landlord agree otherwise; none for repairs within 7 days of your request (NMSA 1978 § 47-8-24)
In New Mexico, this notice is not a fixed minimum: you and your landlord may agree otherwise.
Exceptions: Landlords may enter without notice in cases of emergency (fire, flooding, etc.) or if you've abandoned the property.
30 days notice
Legal basis: NMSA 1978 § 47-8-15(F)
7 days after written notice
Legal basis: NMSA 1978 §§ 47-8-20, 47-8-27.1, 47-8-27.2
6 months protected
Legal basis: NMSA § 47-8-39
No statewide early-exit law
Legal basis: No state statute
Self-help illegal
Legal basis: NMSA § 47-8-36
Important facts about New Mexico rental law
New Mexico caps security deposits at 1 month's rent on leases shorter than a year.
New Mexico landlords must return deposits within 30 days of move-out.
On a New Mexico lease of a year or longer, a deposit above 1 month's rent must earn the tenant yearly interest.
New Mexico landlords must provide written itemized deductions.
Something else? Contact our team
In New Mexico, the security deposit limit is 1 month's rent for leases under 1 year; no cap for annual leases.
New Mexico landlords must return security deposits within 30 days after you move out (after the agreement ends or the tenant leaves, whichever is later).
In New Mexico, landlords must give 24 hours' notice before entering your rental unit (written, with the purpose, date and time frame, unless you and the landlord agree otherwise; none for repairs within 7 days of your request (NMSA 1978 § 47-8-24)).
Late fees in New Mexico: 5% of the base rent for each rental period in default (not deposits, fees or utilities). No mandatory grace period.
30 days notice. 30 days' written notice before the rent date for a month-to-month tenancy (NMSA § 47-8-15(F)). For a fixed-term lease, the notice must come at least 30 days before the term ends (NMSA § 47-8-15(F)). No statewide cap, and local governments may not control rent (NMSA § 47-8A-1). Source: NMSA 1978 § 47-8-15(F).
7 days after written notice. Landlord must keep the home safe and supply running water, hot water and reasonable heat (NMSA 47-8-20). Give the landlord written notice of the problem (NMSA 47-8-27.2). Not fixed within 7 days: you may pay one-third less of the daily rent for each day from your notice until it is fixed (NMSA 47-8-27.2). If the home is uninhabitable and you move out because of it, no rent is owed for those days (NMSA 47-8-27.2). Or end the lease on at least 7 days' written notice if the landlord makes no reasonable attempt to fix it in 7 days (NMSA 47-8-27.1). Source: NMSA 1978 §§ 47-8-20, 47-8-27.1, 47-8-27.2.
6 months protected. Retaliation prohibited. 6 month protection period. Cannot evict for complaints. Source: NMSA § 47-8-39.
No statewide early-exit law. New Mexico has no statewide law that lets a domestic violence victim end a lease early. If a landlord sues to evict you for a substantial violation of the lease, being a victim of domestic violence is a defense (NMSA § 47-8-33(J)). A court protection order may be able to order the abuser out of the home. If your home is federally assisted (public housing or a voucher), the federal Violence Against Women Act gives separate protections. A domestic violence hotline (1-800-799-7233) or legal aid can help you plan a safe move. Source: No state statute.
Self-help illegal. Self-help evictions illegal. Court process required. Utility shutoffs prohibited. Source: NMSA § 47-8-36.
New Mexico tenants have rights including security deposit protections, notice requirements for landlord entry, habitability standards, and protections against retaliation. Use Honestkey to analyze your specific lease against New Mexico law.
Plain-language answers that apply in New Mexico and beyond
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