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Commonly Asked Questions about New Mexico Rental Laws

In New Mexico, there are no state-specific rent control laws limiting how much a landlord can increase rent. Landlords must provide a 30-day notice for rent increases on month-to-month leases, and rent cannot be increased during a fixed-term lease unless specifically allowed by the lease terms.
Every New Mexico tenant has the legal right to seek proper and fair housing without any kind of discrimination against them. The New Mexico landlord-tenant law also allows them to request required repairs for the unit (If it needs them).
To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program.
If you rent on a month-to-month basis, you must give the landlord 30 days notice when you plan to move. Similarly, the landlord must give you 30 days notice of a change in rent or conditions.
Are there capped late fees and grace periods for rent payments in New Mexico? Yes, late fees in New Mexico are capped at 10% of the overdue rent amount. There is no legally required grace period, so fees can be charged immediately after the due date unless otherwise stated in the lease agreement.
New Mexico Eviction Time Estimates ActionDuration Eviction notice period 3-7 days Tenant response period Between service of summons and hearing Eviction hearing 7-10 days after service of summons Maximum continuance 7 days3 more rows Nov 3, 2023
In the state of New Mexico, a tenant who has engaged in illegal activity within the property must be given a 3-Day Notice to Quit. Tenants usually have no choice but to leave the property or else they will have to deal with an eviction lawsuit.