New Mexico Rent Increase Law
New Mexico requires at least 30 days' notice before a rent increase takes effect, and longer notice in some cases. New Mexico has no rent control and bars cities and counties from adopting it.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
New Mexico rent increase rules at a glance
| Notice of a rent increase | 30 days (Periodic residencies shorter than a month: written notice at least one rental period before the first increased payment. Fixed-term residencies: 30 days before the term ends. Increases to lease fees require 60 days' written notice (§ 47-8-19.4))NMSA 1978 § 47-8-15, 2025 SB 267 as enacted (Laws 2025, ch. 122), § 6 |
|---|---|
| Rent control | None; cities barred from adopting itNMSA 1978, § 47-8A-1, NMSA 1978, Chapter 47 compilation (NMOneSource) |
| Ending a month-to-month tenancy | 30 days (either side)NMSA 1978 § 47-8-37 |
What New Mexico law says
How much notice is required for a rent increase in New Mexico?
A New Mexico owner must give written notice of a rent increase at least 30 days before the periodic rental date on a month-to-month residency, or at least 30 days before the end of a fixed term (NMSA 1978 § 47-8-15(F)).
Does New Mexico have rent control?
New Mexico has no rent control, and no city, county or home-rule municipality may adopt an ordinance controlling rents on privately owned housing (NMSA 1978, § 47-8A-1).
How much notice ends a month-to-month tenancy in New Mexico?
Either party may end a New Mexico month-to-month residency with written notice given at least 30 days before the periodic rental date named in the notice (NMSA 1978 § 47-8-37(B)).
How New Mexico compares
12 of 51 verified jurisdictions require more than 30 days.
None of New Mexico's 4 neighbors follows the same rule.
Other New Mexico rules
| Security deposit limit | 1 month's rent (with exceptions)NMSA 1978 § 47-8-18(A) |
|---|---|
| Deposit return deadline | 30 days after move-outNMSA 1978 § 47-8-18(C)-(D), N.M. Legislature CCJ Committee handout (Aug. 25, 2026), slide 'Fees Assessed at Move-out' citing NMSA 1978 § 47-8-18(C) |
| Late-fee cap | Up to 5% of the rent for each rental period the tenant is in default; calculated on rent only (not deposits, other fees or utilities); must be provided for in the rental agreement and noticed by the last day of the next rental periodNMSA 1978 § 47-8-15(D), as amended by Laws 2025, ch. 122, § 6 (SB 267), NMSA 1978 § 47-8-15(D) (official compilation) |
| Entry notice | 24 hours' noticeNMSA 1978 § 47-8-24 |
| Notice for unpaid rent | 3 days (3-day notice of nonpayment and intent to terminate)NMSA 1978, § 47-8-33(D) |
Read the New Mexico law
- NMSA 1978 ch. 47, art. 8 (Uniform Owner-Resident Relations Act), official compilation on NMOneSource
- N.M. Legislature, 2025 SB 267 as enacted (Laws 2025, ch. 122): Uniform Owner-Resident Relations Act amendments
- N.M. Legislature, Courts, Corrections & Justice Committee handout (Aug. 25, 2026), 'Short Timelines & Rising Rents' (NM Legal Aid / NM Center on Law & Poverty)
Put the rent and renewal terms in writing
Related
- New Mexico lease agreement
- New Mexico landlord-tenant law
- Rent increase laws in every state
- New Mexico notice to vacate
- New Mexico late rent notice
- New Mexico rent increase notice
- New Mexico security deposit return letter
- New Mexico notice of entry
- New Mexico lease termination letter
- New Mexico lease renewal letter