New Mexico (NM) law guide
Quick answer
New Mexico landlord-tenant law is governed by the Uniform Owner-Resident Relations Act (NMSA 47-8-1 through 47-8-52). Security deposits are capped at 1 month's rent for leases under one year and must be returned within 30 days of move-out. There is no statewide rent control, and landlords must give 30 days' written notice before raising rent. For nonpayment, landlords must serve a 3-day pay-or-quit notice before filing for eviction.
Security Deposit Limit
1 month's rent (leases under 1 year); no cap for 1-year+ leases, but must be "reasonable"
Deposit Return Deadline
30 days after tenant vacates and landlord regains possession
Statewide Rent Control
None, banned by the Rent Control Preemption Act (NMSA 47-8A-1)
Nonpayment Eviction Notice
3 judicial days (pay or quit), weekends and holidays excluded
New Mexico rental market snapshot
Population
2,120,246
Renter households
~30%
Median rent
~$1,272/mo (2BR, Albuquerque)
Largest rental markets
Albuquerque, Santa Fe, Las Cruces, Rio Rancho, Roswell
Albuquerque is the dominant rental market, with median 2BR rents around $1,272/month, well below national averages, making New Mexico relatively affordable for renters.
Leases under one year: the deposit cannot exceed 1 month's rent. For leases of one year or longer, no statutory cap applies, but the deposit must be reasonable. If any deposit exceeds one month's rent, the landlord must pay the tenant annual interest at the passbook rate.
Landlords must return the deposit (with an itemized deduction list) within 30 days after the tenant vacates. Missing the deadline exposes landlords to the full deposit amount plus $250 in statutory damages, plus the tenant's attorney fees.
New Mexico has no statewide rent control and no cap on how much rent can be raised. The 1991 Rent Control Preemption Act (NMSA 47-8A-1) also bars any city or county from enacting local rent limits.
Landlords must give 30 days' written notice before a rent increase takes effect (NMSA 47-8-15). The notice must state the new amount and the effective date. New Mexico law does not cap late fees, but they must be stated in the lease.
For nonpayment of rent, landlords must serve a 3-day (judicial days) Pay or Quit notice. Judicial days exclude weekends and legal holidays. If the tenant pays in full during those 3 days, the eviction process stops.
For a first lease violation, landlords serve a 7-day Cure or Quit notice. A second violation within 6 months allows a 7-day unconditional quit notice with no chance to cure. All notices may be served in person, by certified mail, or posted on the unit door if the tenant cannot be reached.
Landlords must give 24 hours' written notice before entering, stating the purpose and a reasonable time frame (NMSA 47-8-24). Emergency entry is allowed without notice. Entry to perform repairs the tenant requested within 7 days also does not require advance notice.
Tenants who notify the landlord of a needed repair in writing trigger a 7-day repair deadline. If the landlord does not fix the problem within 7 days, the tenant may withhold one-third of the daily rent for each day the condition continues, or 100% of daily rent if the unit becomes uninhabitable.
Landlords must maintain rental units in a fit and habitable condition under NMSA 47-8-20. This includes working plumbing, heat, and structural safety. Tenants may repair and deduct or terminate the lease if the landlord fails to fix serious conditions after proper notice.
Retaliation is explicitly prohibited. A landlord may not raise rent, reduce services, or attempt eviction within 90 days of a tenant exercising a legal right (such as complaining to a housing authority or requesting repairs). Courts presume retaliation if the landlord acts within that window.
New Mexico follows the federal Fair Housing Act and adds state protections. Landlords may not discriminate based on race, color, religion, sex, national origin, disability, or familial status. New Mexico also prohibits discrimination based on sexual orientation and gender identity under the New Mexico Human Rights Act.
Tenants may legally break a lease early without penalty for military deployment (under federal SCRA), uninhabitable conditions, domestic violence, or landlord retaliation. Small claims court in New Mexico handles disputes up to $10,000, making it accessible for security deposit and damage disputes.
This guide is general information, not legal advice. Governing statute: NMSA 1978, Chapter 47, Article 8 (Uniform Owner-Resident Relations Act). Laws change; confirm the current statute or consult an attorney before acting. Last reviewed 2026-06-05.
New Mexico FAQ
**30 days** after the tenant vacates and the landlord regains possession of the unit. The landlord must also provide a written itemized list of any deductions. Missing this deadline entitles the tenant to the full deposit plus $250 in penalties.
Yes. New Mexico has no statewide rent cap and bans local rent control under the Rent Control Preemption Act. However, landlords must give **30 days' written notice** before any increase takes effect.
**3 judicial days** (excluding weekends and holidays). The landlord must serve a Pay or Quit notice, and the tenant has 3 days to pay the full amount owed or move out before the landlord can file in court.
Only in an **emergency**. In all other cases, the landlord must give at least **24 hours' written notice** stating the reason and estimated time of entry. Violating this rule gives the tenant grounds to seek a court order or damages.
Landlords must keep the unit **fit and habitable** (working heat, plumbing, structural safety). After the tenant gives written notice, the landlord has **7 days** to make repairs. If they do not, the tenant can withhold one-third of daily rent for each day of delay or terminate the lease if conditions are severe.
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