New Mexico has a Uniform Owner-Resident Relations Act (NMSA § 47-8) with moderate tenant protections. Security deposits are capped at 1 month’s rent for month-to-month leases, landlords must give 30 days notice to terminate, and tenants have habitability and repair-and-deduct rights. As of 2025, SB267 amended the Act to cap late fees at 5% of rent per rental period (down from 10%, calculated on rent only, NMSA § 47-8-15(D)), cap tenant screening/application fees at $50 with a 90-day report-reuse and receipt/refund rule, require all rent and fees to be disclosed in the listing, and require at least 60 days' notice before raising a fee at renewal.
New Mexico at a Glance
Rent control: None
Statewide rent cap: None — landlords can raise rent by any amount
Preemption: New Mexico has a statewide rent-control preemption (NMSA 1978 § 47-8A-1, Rent Control Prohibition); local governments may not enact rent control. A 2025 bill (SB216) to repeal it failed (action postponed indefinitely), so the preemption remains in effect. No New Mexico city has — or may — adopt a rent control ordinance.
What Protections New Mexico Tenants Do Have
Even without rent control, New Mexico law gives renters meaningful rights in these areas:
Security Deposit
Capped at 1 month’s rent for month-to-month tenancies. Must be returned within 30 days with itemized statement. Wrongful withholding may result in up to in punitive damages (NMSA § 47-8-18).
Notice to Terminate
Month-to-month tenancies require at least 30 days written notice from either party (NMSA § 47-8-37).
Habitability
Landlords must maintain habitable conditions. Tenants may repair-and-deduct (up to 1 month’s rent) or terminate after written notice if repairs not made within 7 days (emergencies) or 14 days (non-emergencies) (NMSA § 47-8-27.2).
Anti-Retaliation
Landlords cannot retaliate against tenants for reporting code violations or exercising legal rights (NMSA § 47-8-39).
Eviction
Landlords must serve written notice and obtain a court judgment. Self-help eviction is illegal (NMSA § 47-8-36.1).