How much notice is required to raise rent in New Mexico?
30 days notice
- 30 days notice for month-to-month
- No rent control
- Lease terms control
Legal basis: NMSA § 47-8-15
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
1 month's rent (unfurnished)
Max Deposit
24h
Entry Notice
Not Required
Deposit Escrow
What New Mexico law says about deposits
Maximum Deposit
1 month's rent (unfurnished)
Return Deadline
30 days
Penalties, interest & late-fee rules under New Mexico law
If your deposit is wrongfully or late returned
Tenant may recover the full deposit plus damages if landlord acts in bad faith.
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
In New Mexico, your landlord must provide proper notice before entering your rental unit, except in genuine emergencies. This protects your right to privacy and peaceful enjoyment of your home.
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 § 47-8-15
7 days
Legal basis: NMSA § 47-8-27.2
6 months protected
Legal basis: NMSA § 47-8-39
Early termination
Legal basis: NMSA § 47-8-33.3
Self-help illegal
Legal basis: NMSA § 47-8-36
Important facts about New Mexico rental law
New Mexico limits security deposits to 1 month's rent (unfurnished) or less.
New Mexico landlords must return deposits within 30 days of move-out.
New Mexico requires landlords to pay interest on deposits for leases over 1 year.
New Mexico landlords must provide written itemized deductions.
Common questions about New Mexico tenant rights
In New Mexico, the security deposit limit is 1 month's rent (unfurnished).
New Mexico landlords must return security deposits within 30 days after you move out.
In New Mexico, landlords must provide 24 hours notice before entering your rental unit.
Late fees in New Mexico: 5% of monthly rent per rental period in default. No mandatory grace period.
30 days notice. 30 days notice for month-to-month. No rent control. Lease terms control. Source: NMSA § 47-8-15.
7 days. Landlord must maintain habitability. 7 days to repair. Rent withholding available. Source: NMSA § 47-8-27.2.
6 months protected. Retaliation prohibited. 6 month protection period. Cannot evict for complaints. Source: NMSA § 47-8-39.
Early termination. Can terminate early. Documentation required. No penalty. Source: NMSA § 47-8-33.3.
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.
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