What New Mexico landlord-tenant law covers
The Uniform Owner-Resident Relations Act governs nearly every residential lease in New Mexico, from a duplex in Roswell to a 200-unit complex in Albuquerque. It uses "owner" and "resident" where other states say landlord and tenant, and it covers deposits, rent and fees, entry, repairs, notices and the court action an owner files to get possession.
Eviction cases are heard in magistrate court, in the Bernalillo County Metropolitan Court in Albuquerque, or in district court. The state courts publish standard forms for every notice and filing, and owners who use them avoid many of the defects that get cases dismissed.
New Mexico landlord-tenant rules at a glance
The table covers the rules apartment owners use most, as of October 2026.
| Rule | New Mexico requirement | Source |
|---|---|---|
| Ending a month-to-month tenancy | 30 days’ written notice before the periodic rental date | NMSA 47-8-37 |
| Ending a week-to-week tenancy | 7 days’ written notice | NMSA 47-8-37 |
| Nonpayment of rent | 3-day written notice to pay | NMSA 47-8-33 |
| Other lease violations | 7-day notice to cure; 3-day notice for a substantial violation | NMSA 47-8-33 |
| Security deposit | No more than one month’s rent on a lease under one year; interest owed on larger deposits under leases of a year or more | NMSA 47-8-18 |
| Deposit return | Within 30 days, with an itemized list of deductions | NMSA 47-8-18 |
| Late fees | Up to 5% of rent per period; notice by the last day of the next period | NMSA 47-8-15, SB 267 (2025) |
| Entry notice | 24 hours, stating the date, time and purpose | NMSA 47-8-24 |
| Rent increase, month-to-month | 30 days’ written notice | NMSA 47-8-15 |
How much notice does a landlord have to give in New Mexico?
Thirty days’ written notice ends a month-to-month tenancy, and the notice must be given before the periodic rental date, usually the first of the month. A week-to-week tenancy takes 7 days. The state courts’ form 4-903 is the standard 30-day notice.
A fixed-term lease ends on its end date, and an owner cannot end it early without cause. If you do not plan to renew, give notice in time for the tenant to leave by the end of the term, and check what the lease itself says about renewal notice.
Rent increases on a month-to-month tenancy also need 30 days’ notice, and the notice has to be hand-delivered, or posted and mailed. Posting on the door alone is not enough.
Security deposits in New Mexico
On a lease shorter than one year, a deposit cannot be more than one month’s rent. On a written lease of one year or more, you can collect more, but if you do, you must pay the resident interest on the full deposit for as long as you hold it.
Within 30 days after the tenancy ends, you must send the resident an itemized list of deductions along with any balance. Miss that deadline and you lose the right to withhold anything, even for damage the resident caused. A court that finds you kept a deposit in bad faith can add a $250 civil penalty.
Late fees and screening fees after the 2025 law
Since Senate Bill 267 (Laws 2025, chapter 122), a New Mexico late fee cannot exceed 5% of the rent for each rental period of default, and it is calculated on rent only, not on utilities or other charges. Before the change the cap was 10%. You must give notice of a late fee no later than the last day of the next rental period, or you lose it. On $1,200 rent, the most you can charge is $60.
The same law capped applicant screening fees at $50. The applicant must agree in writing, get a receipt, and get the fee back within 30 days if you never run the screening or someone ahead of them takes the unit. You cannot charge the same applicant a second screening fee within 90 days at properties you own, and you cannot charge any other application fee. Listings must disclose every fee, and any fee in a lease can be raised only with 60 days’ written notice.
Landlord entry in New Mexico
Give at least 24 hours’ notice before you enter, stating the date, the approximate time and the reason. The owner and resident can agree to something different, and you can enter without notice in an emergency.
Entry rules come up often during a sale. Buyer tours, appraisals and inspections all count as entries, so schedule them with proper notice and try to group them into a few visits rather than many.
Repairs and rent abatement
Repair duties have teeth in New Mexico. After a resident gives written notice of a condition that needs a material repair, the owner has 7 days to fix it. If the repair is not made, the resident can serve a 7-day notice of abatement (court form 4-902A) and reduce rent for the days the problem continues: by a third if they keep living in the unit, or in full for days it cannot be lived in.
For an owner preparing to sell, open repair requests are a risk, because abated rent shows up as a gap in the rent roll a buyer reviews. Clear written repair requests before you list, and keep the work orders.
The eviction process in New Mexico
An owner who wants possession must go to court, and self-help such as changing the locks or shutting off utilities is prohibited. The case is called a petition by owner for restitution.
- Serve the right notice: 3 days for unpaid rent, 7 days to cure a lease violation, 3 days for a substantial violation, or 30 days to end a month-to-month tenancy.
- If the resident does not pay, fix the problem or leave, file the petition (form 4-904). The filing fee listed by the courts is $77.
- The court issues a summons with a hearing date, which must be served on the resident at least 7 days before the hearing. Many courts refer cases to facilitation, where the two sides can settle.
- If you win, the judgment for restitution sets a move-out date, typically 3 to 7 days after the hearing.
- If the resident stays past that date, apply for a writ of restitution and the sheriff carries it out. After the lockout, abandoned belongings must be held for 3 days.
Does New Mexico have rent control?
No. New Mexico law bars cities and counties from adopting rent control on privately owned residential property, so no city in the state caps rent increases. Owners can raise rent at renewal or, on a month-to-month tenancy, with 30 days’ notice.
Repeal has been tried and failed twice recently. Senate Bill 216 in 2025 and Senate Bill 138 in 2026 would have lifted the state ban and let local governments decide; both were postponed indefinitely and died. Expect the idea to return, and keep an eye on the 2027 session if you hold for the long term.
What happens to leases and deposits when you sell
Existing leases survive a sale. The buyer takes the building subject to every lease in force and steps into your place as owner, so tenants keep their terms and rents until the lease ends or is properly terminated.
Deposits should move with the leases. Credit the buyer for every deposit, and any interest owed on deposits held under leases of a year or more, at closing, and give tenants written notice of the new owner and where to pay rent. A buyer who has not received the deposits still faces tenants who expect them back within 30 days of moving out.
- A certified rent roll with each unit’s rent, deposit, lease end date and any unpaid balance.
- Copies of leases and any notices you have served, including pending late fee notices.
- A list of any cases filed in magistrate or metropolitan court that are still open.
New Mexico laws changed in 2025 and 2026
The biggest recent change is SB 267, signed April 8, 2025. It has no emergency clause or special effective date, so it took effect June 20, 2025, the general effective date for laws from that session. It halved the late fee cap to 5% of rent, capped screening fees at $50, required 60 days’ notice of fee increases and full fee disclosure in listings, and raised penalties. An owner who charges an unauthorized screening fee owes $250 plus a refund, and an owner who uses prohibited self-help or retaliates can owe twice the monthly rent.
Other proposals did not pass. House Bill 462 (2025), which dealt with the nonpayment notice period, was postponed indefinitely and died, as did the 2025 and 2026 bills to repeal the ban on rent control. Review your lease forms and late fee practices against the 2025 law if you have not done so already.
Selling a New Mexico apartment building with tenants
Skyline buys apartment buildings with five or more units in New Mexico, with tenants in place. We buy directly, close on your timeline, and can work inside 1031 deadlines. You do not need to empty units or finish an eviction before you sell, and we take over the leases and deposits at closing.
For the tax side of a sale, see New Mexico capital gains tax on real estate and the 1031 exchange in New Mexico. For the tax bill a buyer will underwrite, see the property tax rate in New Mexico.
