Under New Mexico law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under New Mexico Statutes Chapter 47, such as the right to timely rent payments and a livable dwelling.Note: These rights exist regardless of what the rental agreement says.
In New Mexico, landlords legally can’t rent property out unless it meets basic health and safety requirements. Here is a list of amenities and how they relate to New Mexico’s habitability requirements:
| Item | Has to Provide? | Has to Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions. Read more
Landlords must perform necessary repairs in a timely manner. In New Mexico, landlords must make repairs within seven days after getting written notice from tenants. If repairs aren’t made in a timely manner, New Mexico tenants can cancel the rental agreement, or abate (partially withhold) the rent by following a special process. In either case, they can also sue for costs, or a court order to force the landlord to make repairs. Read more
New Mexico landlords may evict tenants for the following reasons:
At-will tenants are entitled to receive either 30 days’ notice or 7 days’ notice if they pay on a month-to-month or week-to-week basis. New Mexico landlords are also prohibited from evicting tenants in retaliation or for discriminatory reasons.
It’s illegal for New Mexico landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Collections & Holdings: The following laws apply to the collection and holding of security deposits:
Returns & Deductions: The following laws apply to the return of security deposits:
Notice Requirements: If a tenant on a periodic lease wants to break that lease, they must give the following amount of advance notice:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Tenants in New Mexico are legally allowed to break a lease for the following reasons:
If a New Mexico tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
New Mexico does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because New Mexico does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Before increasing the rent, landlords must give 30 days’ notice to month-to-month and other fixed-term (e.g., year lease) tenants and 7 days’ notice to week-to-week tenants.
Protected Groups: The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, sex (including gender identity and sexual orientation), familial status, religion, or disability. These rules do not extend to some owner-occupied homes or homes owned by religious organizations. New Mexico state law adds protections based on ancestry or spousal affiliation.
Discriminatory Acts & Penalties: There does not seem to be one single agency that handles discrimination in housing issues. However, state-published resources have highlighted the following acts as potentially discriminatory when directed at a member or a protected group:
Tenants who experience discrimination in housing may file a complaint with the federal Department of Housing and Urban Development. If the complaint is found to be justified, the tenant may use the findings as the basis of a civil suit.
In addition to having laws that address general issues like repairs and security deposits, most states, including New Mexico, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlords in New Mexico have the right to enter a rental property for purposes related to inspections, maintenance, and property showings. Unless a different amount of notice is specified in the rental agreement, they must give at least 24 hours of advance notice before any entry, except in emergencies.
The following laws apply to the collection of rent and related fees:
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $10,000. New Mexico Small Claims Court is a division of Magistrate Court except in Bernalillo County where small claims are filed in Metropolitan Court. The process takes approximately two to three months.
New Mexico landlords must make the following mandatory disclosures:
New Mexico law does not regulate a tenant changing locks, so it’s allowed unless the terms of the rental agreement say otherwise. Landlords can’t unilaterally change locks on their tenants, as this is considered a form of illegal “self help” eviction.
Many cities in New Mexico have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional regulations.
The City of Albuquerque has several ordinances that make tenants more responsible for keeping their units clean. The city’s housing code also requires landlords to make sure doors and windows are reasonably watertight. More information about the city’s housing code can be found here.
Can a Landlord Enter Without Permission in New Mexico? New Mexico landlords can sometimes enter a rental property without the tenant's permission. The tenant's consent isn't necessary for the landlord to enter during a long tenant absence; to do agreed repairs; when accompanied by a government inspector or utility company employee; and in emergencies. Read more » Is New Mexico a “Landlord Friendly” State? New Mexico is a moderately landlord-friendly state. Landlords have the authority to set rental prices at will, and the amenities they must provide for safe housing are lesser than in many other places. Read more » What Are a Tenant’s Rights in New Mexico? Tenants in New Mexico have the right to live on habitable rental property. If the landlord violates this right, tenants can cancel their rental agreement, or follow a special process and abate (withhold) a percentage of the rent. Read more » Can a Tenant Change the Locks in New Mexico? New Mexico tenants can change their own locks, if their rental agreement doesn't say otherwise. Because the landlord still has a right to enter the rental property for various reasons, tenants usually must provide copies of any new keys. Read more »
