Albuquerque is New Mexico's largest city, home to more than 560,000 residents in Bernalillo County. A significant share of Albuquerque households rent their homes, and questions about rent increases, security deposit returns, and eviction procedures are among the most common concerns renters face in the metro area.
All residential landlord-tenant relationships in Albuquerque are governed primarily by the New Mexico Uniform Owner-Resident Relations Act (NMSA §§ 47-8-1 through 47-8-51). This statewide law establishes minimum standards for habitability, limits on security deposits, required notice periods, and protections against retaliation and illegal eviction. Albuquerque has not enacted any local tenant-protection ordinances beyond what state law provides.
This article summarizes your key rights as an Albuquerque renter under current New Mexico law. It is intended for informational purposes only and does not constitute legal advice. If you have a specific legal problem, consult a licensed New Mexico attorney or contact a free legal aid organization.
Albuquerque does not have rent control, and no New Mexico municipality currently operates a rent control or rent stabilization program. New Mexico state law contains an explicit preemption statute that bans local rent control — NMSA 1978 § 47-8A-1 bars any political subdivision or home rule municipality from enacting rent control — so no New Mexico city may regulate rents, and Albuquerque has not attempted to.
In practice, this means Albuquerque landlords may raise rent by any amount and at any frequency, as long as they provide the tenant with proper written notice before the increase takes effect. For month-to-month tenants, that means at least 30 days' advance written notice of a rent increase under NMSA § 47-8-37. For fixed-term lease tenants, the landlord generally cannot raise rent during the lease term unless the lease specifically permits it — but upon renewal, any amount may be proposed.
Because there is no cap on rent increases in Albuquerque, renters should carefully review lease renewal terms and any rent-increase notices they receive, and budget accordingly. If you believe a rent increase is being used to retaliate against you for exercising a legal right (such as reporting code violations), you may have protections under NMSA § 47-8-39 — see the Retaliation section below.
New Mexico's Uniform Owner-Resident Relations Act (NMSA §§ 47-8-1 through 47-8-51) provides the following core protections for Albuquerque renters:
Habitability (NMSA § 47-8-20): Landlords must maintain rental units in a condition fit for human habitation. This includes keeping structural elements safe, maintaining working plumbing, heating, and electrical systems, ensuring common areas are safe and clean, and complying with applicable building and housing codes. Tenants are responsible for keeping their own units clean and for not damaging the property beyond normal wear and tear (NMSA § 47-8-22).
Repairs & Remedy (NMSA § 47-8-27.2): If a landlord fails to make a required repair, a tenant must first provide written notice of the problem. If the landlord does not remedy an emergency condition within 7 days (or a non-emergency condition within a reasonable time), the tenant may either terminate the rental agreement or hire a repair person and deduct the cost from rent, up to a maximum of one month's rent. Tenants exercising repair-and-deduct rights must follow the statute's notice requirements carefully.
Security Deposit Rules (NMSA § 47-8-18): For month-to-month tenancies, security deposits are capped at one month's rent. Deposits must be returned — along with an itemized written statement of any deductions — within 30 days after the tenant vacates and returns the keys. Wrongful withholding entitles the tenant to the amount wrongfully withheld plus up to $250 in punitive damages.
Notice to Terminate (NMSA § 47-8-37): Either party must give at least 30 days' written notice to end a month-to-month tenancy. For week-to-week tenancies, 7 days' notice is required. Fixed-term leases automatically expire at the end of the lease period unless renewed.
Anti-Retaliation Protection (NMSA § 47-8-39): A landlord may not increase rent, decrease services, threaten eviction, or otherwise retaliate against a tenant for reporting code violations, contacting a government agency, or exercising any right under the Act. If a landlord takes an adverse action within 90 days of a protected activity, retaliation is presumed and the landlord bears the burden of proof to show a legitimate reason.
Lockout & Utility Shutoff Prohibition (NMSA § 47-8-36.1): Landlords may not remove a tenant's personal property, lock a tenant out, or willfully cut off essential utilities (such as water, gas, or electricity) as a means of eviction. Only a court order obtained through the formal eviction process can lawfully remove a tenant from a rental unit. Violations expose the landlord to damages.
Security deposit rules in Albuquerque are governed by NMSA § 47-8-18.
Deposit Cap: For month-to-month rental agreements, the security deposit cannot exceed one month's rent. Fixed-term leases of six months or more may allow a higher deposit if stated in the lease, but this is uncommon; most Albuquerque leases operate under the one-month cap.
Return Deadline: After a tenancy ends and the tenant surrenders possession of the unit, the landlord has 30 days to return the deposit (or the remaining balance after lawful deductions) along with a written, itemized accounting of any amounts withheld. The clock generally starts when the tenant moves out and returns keys.
Allowable Deductions: Landlords may deduct for unpaid rent and for damage beyond normal wear and tear. They may not charge for routine cleaning or repairs that fall within ordinary use of the property.
Penalty for Wrongful Withholding: If a landlord fails to return the deposit or provide the itemized statement within 30 days without a lawful basis, the tenant is entitled to recover the amount wrongfully withheld plus up to $250 in punitive damages under NMSA § 47-8-18(C). Tenants should document move-in and move-out conditions with dated photographs and written records to support any deposit dispute.
Practical Tips: Always request a move-in inspection, keep copies of your lease and all communications about the deposit, and provide your landlord with a forwarding address in writing when you move out — the 30-day return clock requires the landlord to know where to send the funds.
Late Fees and Application Fees (2025 SB267): Effective June 20, 2025, New Mexico's amended Uniform Owner-Resident Relations Act allows a late fee only if it is stated in the lease and caps it at 5% of the rent per rental period (reduced from 10%), calculated on the rent amount alone (NMSA § 47-8-15(D)). A tenant screening or application fee is capped at $50, the screening report must be reusable for 90 days, and the landlord must provide a receipt and refund any unused amount; charging an unauthorized fee carries a $250 penalty. All rent and fees must be disclosed in plain language in the listing, and a landlord must give at least 60 days' written notice before increasing a fee at renewal. Source: https://www.nmlegis.gov/Sessions/25%20Regular/bills/senate/SB0267.PDF
Eviction in Albuquerque must follow the formal legal process established under the New Mexico Uniform Owner-Resident Relations Act (NMSA §§ 47-8-33 through 47-8-46). A landlord cannot remove a tenant without a court order.
Step 1 — Written Notice: Before filing for eviction, a landlord must serve the tenant with the appropriate written notice:
Step 2 — Filing in Court: If the tenant does not vacate or comply after the notice period, the landlord may file an eviction complaint (called a Petition for Restitution) in Bernalillo County Metropolitan Court. The court will schedule a hearing, typically within a few days to a few weeks of filing.
Step 3 — Hearing: Both the landlord and tenant have the right to appear, present evidence, and be heard. Tenants should attend — failure to appear often results in a default judgment for the landlord. Tenants may raise defenses such as improper notice, retaliation (NMSA § 47-8-39), or uninhabitable conditions.
Step 4 — Writ of Restitution: If the court rules in the landlord's favor, it issues a Writ of Restitution authorizing law enforcement to remove the tenant. Only a sheriff or other authorized officer may physically remove a tenant.
Self-Help Eviction is Illegal (NMSA § 47-8-36.1): It is unlawful for a landlord to lock a tenant out, remove doors or windows, shut off utilities, or remove the tenant's belongings to force a move. A tenant subjected to a self-help eviction may sue for actual damages and may be entitled to remain in the unit until a proper court process is completed.
This article is provided for general informational purposes only and does not constitute legal advice. Laws, ordinances, and regulations can change, and the information presented here may not reflect the most current legal developments. Albuquerque renters with specific legal questions or problems should consult a licensed New Mexico attorney or contact a qualified legal aid organization such as New Mexico Legal Aid (nmlegalaid.org). RentCheckMe makes no warranty, express or implied, regarding the accuracy or completeness of the information on this page.
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