New Mexico · Renters' rights · Updated Oct 2026
New Mexico tenant rights
Security deposits, repairs, landlord entry, notices and evictions in New Mexico, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for New Mexico renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in New Mexico
- Limit
- One month's rent if your lease is for less than one year. For a lease of one year or more there is no cap, but if the deposit is more than one month's rent the landlord must pay you yearly interest. Prepaid last month's rent is not counted as the deposit.
- Deadline to return it
- Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions. Mailing it to your last known address counts as compliance, so give the landlord a forwarding address in writing.
- Itemized list
- Yes. If the landlord keeps any part, an itemized written list of deductions and the balance must be given within 30 days. Receipts are not required by the law.
- What may be deducted
- Unpaid rent, late fees, utilities, and the cost of repairing damage you caused and cleaning you failed to do (beyond normal wear and tear). The deposit may not be kept for normal wear and tear.
- Interest
- Only on a lease of one year or more when the deposit is more than one month's rent: the landlord must pay interest every year, at the passbook savings rate named in the statute.
- If the landlord keeps it wrongly
- If the landlord misses the 30-day deadline for the itemized list, the landlord loses the right to keep any of the deposit, to counterclaim in your deposit case, and to sue you separately for damage to the unit, and must pay your court costs and reasonable attorney fees. If the landlord kept the deposit in bad faith, you also get a $250 civil penalty.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In New Mexico: Mailing it to your last known address counts as compliance, so give the landlord a forwarding address in writing.
- Wait for the deadline: Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court. Small claims court in New Mexico on Small Claims Map
Repairs in New Mexico
- The landlord's duty
- The landlord must keep the home safe and fit to live in, follow building and housing codes, make repairs, keep common areas clean and safe, keep electrical, plumbing, heating, air conditioning and supplied appliances working, provide trash containers, and supply running water and reasonable heat and hot water. NMSA 47-8-20.
- How to ask for repairs
- Ask in writing (letter, email, text or work order) and keep a copy. The landlord has 7 days to fix the problem. If the problem threatens health or safety, your written notice can say the lease will end if it is not fixed within 7 days (NMSA 47-8-27.1). You can choose ending the lease or rent abatement, but not both. You may also sue for damages or a court order to make repairs, and call your local code enforcement office.
- Repair and deduct
- Not allowed by statute. New Mexico's remedies are rent abatement or ending the lease (see below), or suing for damages or a court order.
- Withholding rent
- Partial rent abatement is allowed. After written notice of a repair problem, if the landlord does not fix it within 7 days, you may pay less rent: 100% off for each day you cannot live in the unit, or one-third of the daily rent for each day you stay while the repair is not made, counted from the day you gave notice. This does not apply to amenities (like a pool). Get legal advice first. NMSA 47-8-27.2.
- Law
- NMSA 47-8-20, 47-8-27.1, 47-8-27.2
Landlord entry in New Mexico
At least 24 hours' written notice saying when, how long and why the landlord will enter, unless you agree to shorter notice. No notice is needed in an emergency, to make repairs you asked for in the past 7 days, or if you have been away more than 7 days without telling the landlord. You can ask the landlord to pick another time. NMSA 47-8-24.
Eviction in New Mexico
- Notice for unpaid rent
- 3-day written notice to pay rent (including late fees if the lease allows them). It must be hand-delivered, mailed, or posted on your door. If you pay the full amount within 3 days, in the way the notice says, the landlord can't sue for nonpayment. If the last day falls on a weekend or federal holiday, you get until the next business day (NMSA 47-8-33(D), (H)). Tenants in federally subsidized housing covered by the CARES Act may be entitled to a 30-day notice.
- Notice for a lease violation
- 7-day notice to fix a lease violation. If you fix it within 7 days, the tenancy does not end. A second violation within 6 months can bring a 7-day notice to leave with no chance to fix it. A 'substantial violation' (serious crimes such as drug dealing or violence) allows a 3-day notice with no cure. NMSA 47-8-33.
- Ending a month-to-month tenancy
- Landlord or tenant: 30 days' written notice before the next rent due date. Week-to-week: 7 days. No reason is needed for private housing, but tax-credit (LIHTC), public housing and most HUD or USDA properties need a reason. NMSA 47-8-37.
- Time to respond to an eviction lawsuit
- No written answer deadline is set by statute. The summons gives a trial date, which by law must be 7 to 10 days after the summons is served (the Renter's Guide counts these as business days); the court may postpone it up to 7 days for good cause. You must go to the hearing; if you do not, you lose by default. If the landlord wins, the writ sets a move-out date 3 to 7 days after judgment. NMSA 47-8-43, 47-8-46.
- Lockouts and utility shutoffs
- Yes. Without a court order, the landlord may not change or disable locks, block your entry, shut off utilities, remove your belongings or appliances, or use fraud to make you leave. You can abate rent for the lockout time, sue to get back in, and recover damages. Since 2025 the landlord is liable for twice the monthly rent. NMSA 47-8-36, 47-8-48(C).
- Court self-help
- The court's eviction self-help page
- Law
- NMSA 47-8-33, 47-8-36, 47-8-37, 47-8-43, 47-8-46
Rent increases and rent control in New Mexico
- Notice of a rent increase
- Month-to-month: at least 30 days' written notice before the rent due date. Fixed-term lease: notice at least 30 days before the term ends. Week-to-week: written notice one rental period ahead. NMSA 47-8-15(F). Increases in other fees under the lease: 60 days' written notice (since 2025, NMSA 47-8-19.4).
- Rent control
- No rent control. State law bars cities and counties (including home-rule cities) from controlling rents on private housing, except housing with government-funded reduced rents. NMSA 47-8A-1.
Late fees in New Mexico
Only if your lease provides for it. Capped at 5% of the rent for each rental period you are late (calculated on rent only, not deposits, fees or utilities). The landlord must give you notice of the late fee no later than the last day of the next rental period, or it can't be collected. NMSA 47-8-15(D), as amended in 2025 (effective June 20, 2025).
Retaliation in New Mexico
If you are following your lease, the landlord may not raise your rent, cut services, or threaten or file an eviction because you complained to a government agency, asked for repairs, used rent abatement, joined a tenant group, filed a discrimination complaint, won an eviction case or testified for another tenant. Acting within 6 months after these events can be retaliation. A rent increase that is part of a general building-wide increase is allowed, and you can still be evicted for real nonpayment. Since 2025 a retaliating landlord is liable for twice the monthly rent. NMSA 47-8-39, 47-8-48(C).
Small claims court in New Mexico
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court.
Where to get free help in New Mexico
Good to know in New Mexico
- Since 2025, late fees are capped at 5% of the rent (down from 10%), and application screening fees are capped at $50.
- You can lower your rent ('abate') if the landlord ignores a written repair request for 7 days, but get advice first.
- Eviction trials come fast: the law sets them 7 to 10 days after you are served.
Recent law changes
SB 267 (2025, Laws 2025 ch. 122, signed April 8, 2025): late fees cut from 10% to 5% of rent and based on rent only; screening fees capped at $50 with refund rules; landlords must list all costs in ads; 60 days' notice to raise fees; lockouts and retaliation now carry liability of twice the monthly rent; charging unlisted fees is an unfair practice. HB 462 (2025, longer nonpayment notice) died.
Free tools for New Mexico renters
Pre-set for New Mexico. They run in your browser and send nothing.
Deposit return calculator for New Mexico
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for New Mexico
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for New Mexico
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for New Mexico
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in New Mexico
How much can a landlord charge for a security deposit in New Mexico?
One month's rent if your lease is for less than one year. For a lease of one year or more there is no cap, but if the deposit is more than one month's rent the landlord must pay you yearly interest. Prepaid last month's rent is not counted as the deposit.
How long does a landlord have to return a security deposit in New Mexico?
Within 30 days after the rental agreement ends or you move out, whichever is later, the landlord must send you the rest of your deposit and an itemized written list of deductions. Mailing it to your last known address counts as compliance, so give the landlord a forwarding address in writing.
What can I do if my landlord won't return my deposit in New Mexico?
If the landlord misses the 30-day deadline for the itemized list, the landlord loses the right to keep any of the deposit, to counterclaim in your deposit case, and to sue you separately for damage to the unit, and must pay your court costs and reasonable attorney fees. If the landlord kept the deposit in bad faith, you also get a $250 civil penalty.
What can a landlord deduct from a security deposit in New Mexico?
Unpaid rent, late fees, utilities, and the cost of repairing damage you caused and cleaning you failed to do (beyond normal wear and tear). The deposit may not be kept for normal wear and tear.
Does a landlord have to pay interest on a security deposit in New Mexico?
Only on a lease of one year or more when the deposit is more than one month's rent: the landlord must pay interest every year, at the passbook savings rate named in the statute.
How do I ask my landlord for repairs in New Mexico?
Ask in writing (letter, email, text or work order) and keep a copy. The landlord has 7 days to fix the problem. If the problem threatens health or safety, your written notice can say the lease will end if it is not fixed within 7 days (NMSA 47-8-27.1). You can choose ending the lease or rent abatement, but not both. You may also sue for damages or a court order to make repairs, and call your local code enforcement office.
Can I repair and deduct the cost from rent in New Mexico?
Not allowed by statute. New Mexico's remedies are rent abatement or ending the lease (see below), or suing for damages or a court order.
Can I withhold rent for repairs in New Mexico?
Partial rent abatement is allowed. After written notice of a repair problem, if the landlord does not fix it within 7 days, you may pay less rent: 100% off for each day you cannot live in the unit, or one-third of the daily rent for each day you stay while the repair is not made, counted from the day you gave notice. This does not apply to amenities (like a pool). Get legal advice first. NMSA 47-8-27.2.
How much notice does a landlord need to enter in New Mexico?
At least 24 hours' written notice saying when, how long and why the landlord will enter, unless you agree to shorter notice. No notice is needed in an emergency, to make repairs you asked for in the past 7 days, or if you have been away more than 7 days without telling the landlord. You can ask the landlord to pick another time. NMSA 47-8-24.
How much notice does a landlord have to give for unpaid rent in New Mexico?
3-day written notice to pay rent (including late fees if the lease allows them). It must be hand-delivered, mailed, or posted on your door. If you pay the full amount within 3 days, in the way the notice says, the landlord can't sue for nonpayment. If the last day falls on a weekend or federal holiday, you get until the next business day (NMSA 47-8-33(D), (H)). Tenants in federally subsidized housing covered by the CARES Act may be entitled to a 30-day notice.
How much notice for a lease violation in New Mexico?
7-day notice to fix a lease violation. If you fix it within 7 days, the tenancy does not end. A second violation within 6 months can bring a 7-day notice to leave with no chance to fix it. A 'substantial violation' (serious crimes such as drug dealing or violence) allows a 3-day notice with no cure. NMSA 47-8-33.
How much notice is needed to end a month-to-month lease in New Mexico?
Landlord or tenant: 30 days' written notice before the next rent due date. Week-to-week: 7 days. No reason is needed for private housing, but tax-credit (LIHTC), public housing and most HUD or USDA properties need a reason. NMSA 47-8-37.
How long do I have to respond to an eviction lawsuit in New Mexico?
No written answer deadline is set by statute. The summons gives a trial date, which by law must be 7 to 10 days after the summons is served (the Renter's Guide counts these as business days); the court may postpone it up to 7 days for good cause. You must go to the hearing; if you do not, you lose by default. If the landlord wins, the writ sets a move-out date 3 to 7 days after judgment. NMSA 47-8-43, 47-8-46.
Can my landlord lock me out or shut off utilities in New Mexico?
Yes. Without a court order, the landlord may not change or disable locks, block your entry, shut off utilities, remove your belongings or appliances, or use fraud to make you leave. You can abate rent for the lockout time, sue to get back in, and recover damages. Since 2025 the landlord is liable for twice the monthly rent. NMSA 47-8-36, 47-8-48(C).
How much notice is needed for a rent increase in New Mexico?
Month-to-month: at least 30 days' written notice before the rent due date. Fixed-term lease: notice at least 30 days before the term ends. Week-to-week: written notice one rental period ahead. NMSA 47-8-15(F). Increases in other fees under the lease: 60 days' written notice (since 2025, NMSA 47-8-19.4).
Is there rent control in New Mexico?
No rent control. State law bars cities and counties (including home-rule cities) from controlling rents on private housing, except housing with government-funded reduced rents. NMSA 47-8A-1.
Is there a limit on late fees in New Mexico?
Only if your lease provides for it. Capped at 5% of the rent for each rental period you are late (calculated on rent only, not deposits, fees or utilities). The landlord must give you notice of the late fee no later than the last day of the next rental period, or it can't be collected. NMSA 47-8-15(D), as amended in 2025 (effective June 20, 2025).
Can my landlord retaliate if I complain in New Mexico?
If you are following your lease, the landlord may not raise your rent, cut services, or threaten or file an eviction because you complained to a government agency, asked for repairs, used rent abatement, joined a tenant group, filed a discrimination complaint, won an eviction case or testified for another tenant. Acting within 6 months after these events can be retaliation. A rent increase that is part of a general building-wide increase is allowed, and you can still be evicted for real nonpayment. Since 2025 a retaliating landlord is liable for twice the monthly rent. NMSA 47-8-39, 47-8-48(C).
What is the small claims limit in New Mexico?
$10,000 in Magistrate Court (Metropolitan Court in Bernalillo County); New Mexico has no separate small claims court.
- NMSA 1978, Section 47-8-18
- Housing New Mexico MFA / New Mexico Legal Aid: Renter's Guide 2025 (PDF)
- SB 267 (2025), final enrolled version
- SB 267 (2025) bill status
- HB 6 (2023), showing the text of 47-8-18 and 47-8-37
- New Mexico Courts: Landlord/Tenant Forms & Files
- NM Supreme Court Law Library: Landlord-Tenant Resource Guide (2025)
Last checked: Oct 2026.