Last updated: April 2026
Roswell renters benefit from New Mexico's statewide Uniform Owner-Resident Relations Act — a deposit cap, 30-day return deadline, repair-and-deduct remedy, and anti-retaliation protection. Here is what Chaves County renters need to know.
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Roswell is the seat of Chaves County and the largest city in southeastern New Mexico. Renters in Roswell are protected by the New Mexico Uniform Owner-Resident Relations Act (NMSA §§ 47-8-1 through 47-8-52), which provides comprehensive statewide tenant rights including a security deposit cap, a 30-day return deadline, repair-and-deduct rights, and anti-retaliation protections.
No New Mexico city has enacted local rent control or additional tenant ordinances beyond state law, so state protections represent the full scope of renter rights in Roswell. Common tenant concerns include deposit disputes, habitability failures, and eviction procedures — all addressed in this guide.
This guide reflects laws in effect as of April 2026 and is for general informational purposes only. It does not constitute legal advice. Tenants with urgent housing concerns should contact New Mexico Legal Aid.
Roswell has no rent control, and New Mexico has no statewide rent stabilization law. No New Mexico city has enacted a rent control or rent stabilization ordinance. Landlords in Roswell may raise rent by any amount between lease terms.
For month-to-month tenancies, your landlord must give you at least 30 days' written notice before a rent increase takes effect, consistent with the termination notice requirement under NMSA § 47-8-37. No law caps the size of the increase. If you cannot afford a rent increase, contact New Mexico Legal Aid or community rental assistance programs for guidance.
New Mexico's Uniform Owner-Resident Relations Act (NMSA §§ 47-8-1 through 47-8-52) provides robust baseline protections for all New Mexico renters, including those in Roswell.
Implied Warranty of Habitability: Landlords must maintain rental units in habitable condition (NMSA § 47-8-20), including functioning plumbing, heat, electrical systems, and structural safety.
Repair-and-Deduct Remedy: Under NMSA § 47-8-27.2, if a landlord fails to make necessary repairs after written notice — 7 days for emergencies, 14 days for non-emergencies — the tenant may hire someone to make the repairs and deduct the cost from rent (up to one month's rent). Consult New Mexico Legal Aid before exercising this remedy.
Notice to Terminate: Month-to-month tenancies require at least 30 days' written notice from either party to terminate (NMSA § 47-8-37).
Anti-Retaliation: Landlords cannot retaliate against tenants for reporting code violations or exercising rights under the Act (NMSA § 47-8-39). Retaliation is a recognized defense in eviction proceedings.
Prohibition on Self-Help Eviction: Under NMSA § 47-8-36.1, a landlord may not lock out a tenant, remove belongings, or shut off utilities without a court order. Such conduct is illegal and may result in civil liability.
New Mexico's security deposit rules under NMSA § 47-8-18 apply to all Roswell rentals.
Deposit Cap: For month-to-month tenancies, a landlord may not collect more than one month's rent as a security deposit.
Return Deadline: Within 30 days of the tenant vacating the unit, the landlord must return the deposit in full or provide a written itemized statement of deductions along with any remaining balance.
Punitive Damages: If a landlord wrongfully withholds all or part of the deposit, the tenant may recover punitive damages in addition to the amount withheld under NMSA § 47-8-18.
Allowable Deductions: Landlords may deduct for unpaid rent and damage beyond normal wear and tear. Ordinary wear — minor scuffs, small nail holes, routine carpet use — is not chargeable. Document the unit at move-in and move-out with dated photos.
Filing a Claim: Deposit disputes can be filed in Chaves County Magistrate Court for claims up to $10,000. Contact New Mexico Legal Aid for free assistance.
Evictions in Roswell follow the formal court process under NMSA §§ 47-8-33 through 47-8-45. Self-help eviction is illegal under NMSA § 47-8-36.1.
Step 1 — Written Notice: For nonpayment of rent, the landlord must serve a 3-day notice to pay or vacate. For material lease violations, a 7-day cure notice is typically required. For no-fault termination of a month-to-month tenancy, 30 days' written notice is required under NMSA § 47-8-37.
Step 2 — Magistrate Court Filing: If the tenant does not comply, the landlord files a petition for restitution in Chaves County Magistrate Court. A hearing is typically scheduled within one to two weeks.
Step 3 — Hearing: Both parties present their cases. Tenants may raise defenses including proof of payment, habitability violations, improper notice, or retaliation. Contact New Mexico Legal Aid before the hearing if at all possible.
Step 4 — Writ of Restitution: If the court rules for the landlord, a Writ of Restitution is issued and executed by the Chaves County Sheriff. Only the sheriff may physically remove the tenant.
Self-Help Eviction is Illegal: If your landlord locks you out or shuts off utilities without a court order, call 911 and contact New Mexico Legal Aid immediately.
No. Roswell has no rent control ordinance, and no New Mexico city has enacted one. New Mexico has no statewide rent stabilization law. Landlords in Roswell may raise rent by any amount between lease terms. For month-to-month tenancies, your landlord must provide at least 30 days' written notice before a change takes effect under NMSA § 47-8-37.
There is no legal limit on rent increases in Roswell or New Mexico. Your landlord must give at least 30 days' written notice before an increase takes effect for month-to-month tenancies (NMSA § 47-8-37). Fixed-term leases can only be changed at renewal. There is no mechanism to challenge the size of a rent increase under New Mexico law.
Your landlord must return your deposit — or provide a written itemized statement of deductions with any remaining balance — within 30 days of you vacating the unit under NMSA § 47-8-18. Wrongful withholding may entitle you to punitive damages in addition to the amount withheld. Provide your forwarding address in writing when you move out.
For nonpayment of rent, your landlord must give a 3-day written notice to pay or vacate. For material lease violations, a 7-day cure notice is typically required. For no-fault termination of a month-to-month tenancy, 30 days' written notice is required under NMSA § 47-8-37. After proper notice, the landlord must file in Chaves County Magistrate Court — they cannot remove you independently.
No. Self-help eviction — changing locks, removing belongings, or shutting off utilities to force you out — is illegal in New Mexico under NMSA § 47-8-36.1. The landlord must obtain a court order and have the Chaves County Sheriff execute it. If you are illegally locked out, call 911 and contact New Mexico Legal Aid immediately.
New Mexico landlords must maintain habitable conditions under NMSA § 47-8-20. Submit all repair requests in writing and keep copies. If your landlord fails to make repairs within 7 days (emergencies) or 14 days (non-emergencies), NMSA § 47-8-27.2 may allow you to hire someone to make the repair and deduct the cost from rent (up to one month's rent). Contact New Mexico Legal Aid before exercising this remedy.
This page is for general informational purposes only and does not constitute legal advice. The information reflects New Mexico law as of April 2026, but laws can change. Contact New Mexico Legal Aid or a licensed New Mexico attorney if you are facing eviction, a deposit dispute, or another housing issue. RentCheckMe is not a law firm and cannot provide legal representation.
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