How much can a landlord charge for a security deposit in New Mexico?

For a lease term of less than one year, the security deposit may not exceed one month's rent. (N.M. Stat. § 47-8-18) The deposit must be accounted for within 30 days after the tenancy ends (N.M. Stat. § 47-8-18).

Is there a limit on late fees in New Mexico?

A late fee may not exceed 10% of the rent for the rental period. (N.M. Stat. § 47-8-15)

How much notice must a landlord give before entering a rental in New Mexico?

Landlord must give at least 24 hours' notice before entering, except in an emergency. (N.M. Stat. § 47-8-24)

How do you end a month-to-month tenancy in New Mexico?

Either party must give at least 30 days' written notice to end a month-to-month tenancy. (N.M. Stat. § 47-8-37)

What happens if a tenant does not pay rent in New Mexico?

Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (N.M. Stat. § 47-8-33) The case is filed as a petition by owner for restitution in Magistrate or Metropolitan Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in New Mexico?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. New Mexico tenancies are governed by the New Mexico Uniform Owner-Resident Relations Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to New Mexico with the statutory citations printed in it.

New Mexico Residential Lease Agreement

A lease that works in the State of New Mexico has to respect the New Mexico Uniform Owner-Resident Relations Act: a security deposit capped at one month's rent, accounted for within 30 days of move-out, and late fees limited to 10% of the rent. Below is every number that governs a New Mexico tenancy, with the statute it comes from.

Read the whole lease before you pay. $14.99 to download, or three for $29.

New Mexico rental law at a glance

Each row is the rule Landy applies when it builds a New Mexico lease. The citation is printed in the finished document too, so a tenant can check it.

New Mexico landlord-tenant rules with statutory citations
Rule	New Mexico	Citation
Security deposit limit	one month's rentFor a lease term of less than one year, the security deposit may not exceed one month's rent.	N.M. Stat. § 47-8-18
Deposit return deadline	30 daysLandlord must return the deposit or an itemized statement within 30 days after the tenancy ends.	N.M. Stat. § 47-8-18
Interest on deposits	RequiredInterest is required where the deposit exceeds one month's rent and the term is one year or more.	N.M. Stat. § 47-8-18
Late fee limit	10% of the rentA late fee may not exceed 10% of the rent for the rental period.	N.M. Stat. § 47-8-15
Grace period before rent is late	No statutory grace periodNew Mexico sets no statutory grace period for rent.	No statute on point
Notice to pay or quit	3 daysTenant has 3 days to pay rent or vacate before the landlord may file for possession.	N.M. Stat. § 47-8-33
Time to cure a lease violation	7 daysTenant generally has 7 days to remedy a curable lease violation.	N.M. Stat. § 47-8-33
Ending a month-to-month tenancy	30 days' noticeEither party must give at least 30 days' written notice to end a month-to-month tenancy.	N.M. Stat. § 47-8-37
Notice before landlord entry	24 hoursLandlord must give at least 24 hours' notice before entering, except in an emergency.	N.M. Stat. § 47-8-24

Disclosures a New Mexico lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978

If things go wrong in New Mexico

Where eviction is filed

Magistrate or Metropolitan Court, as a petition by owner for restitution.

Governing law

New Mexico Uniform Owner-Resident Relations Act, cited from the New Mexico Statutes.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

New Mexico lease questions, answered

How much can a landlord charge for a security deposit in New Mexico?: For a lease term of less than one year, the security deposit may not exceed one month's rent. (N.M. Stat. § 47-8-18) The deposit must be accounted for within 30 days after the tenancy ends (N.M. Stat. § 47-8-18).
Is there a limit on late fees in New Mexico?: A late fee may not exceed 10% of the rent for the rental period. (N.M. Stat. § 47-8-15)
How much notice must a landlord give before entering a rental in New Mexico?: Landlord must give at least 24 hours' notice before entering, except in an emergency. (N.M. Stat. § 47-8-24)
How do you end a month-to-month tenancy in New Mexico?: Either party must give at least 30 days' written notice to end a month-to-month tenancy. (N.M. Stat. § 47-8-37)
What happens if a tenant does not pay rent in New Mexico?: Tenant has 3 days to pay rent or vacate before the landlord may file for possession. (N.M. Stat. § 47-8-33) The case is filed as a petition by owner for restitution in Magistrate or Metropolitan Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in New Mexico?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. New Mexico tenancies are governed by the New Mexico Uniform Owner-Resident Relations Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to New Mexico with the statutory citations printed in it.

Build a New Mexico lease with these rules already in it.

Answer questions in plain English. Landy writes the New Mexico lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes New Mexico law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed New Mexico attorney review your lease before you rely on it.