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Rent increases in New Mexico

Source: NMSA 1978 § 47-8-15(F); § 47-8-19.4; § 47-8-39; § 47-8A-1 · Checked against the statute

Notice
7–30 days
Statewide cap
No statewide cap
During a lease
No state statute
Local rent control
Banned by state law

When can a rent increase start in New Mexico?

Choose the state and the date the notice is given.

How much notice is required

Written notice at least 30 days before the periodic rental date (month-to-month) or before the end of a fixed term. Tenancies shorter than a month need one full rental period of notice. The new rent starts on a rent day or at the end of the term. (NMSA § 47-8-15(F))

Applies toWhenNotice
Month-to-month—30 days
Fixed-term lease at renewal—30 days
Week-to-week—7 days
  • The notice must be in writing.
  • The change can only start at the end of a rental period (on a rent day).

Example: a notice handed over on November 2, 2026 in New Mexico

Earliest date the new rent can start, with rent due on the 1st, worked out from the New Mexico rule above:

  • For a month-to-month tenant of 1 year raising rent 5% or a month-to-month tenant of 3 years raising rent 12%: Friday, January 1, 2027
  • For a week-to-week tenant raising rent 5%: Tuesday, December 1, 2026

Raising rent during a lease

No statute bars it outright, but § 47-8-15(F) only provides for raising a fixed-term rent with 30 days' notice before the end of the term. (NMSA § 47-8-15(F))

City and county rent control

No political subdivision or home rule municipality may enact an ordinance that controls rental rates for private property, except for property with government-funded reduced rents. Repeal bills (SB 216 in 2025, SB 138 in 2026) did not pass. (NMSA § 47-8A-1)

Retaliatory rent increases

An owner may not raise rent, cut services or seek possession because, within the previous 6 months, the resident complained to a code agency, joined a residents' union, asserted rights under the Act (including written repair requests), made a fair-housing complaint, won or has a pending lawsuit, testified for another resident, or lawfully abated rent. Uniform increases at the end of the term are allowed. (NMSA § 47-8-39)

Also good to know

  • Fees under the rental agreement can be raised only with 60 days' written notice before the periodic rental date or end of the term (one rental period for tenancies under a month), effective June 20, 2025 (Laws 2025, ch. 122).
  • The same 2025 law capped late fees at 5% of rent.

Other New Mexico renting rules in numbers

Security deposit
For a rental agreement shorter than one year, the deposit can't exceed one month's rent. For an annual agreement there is no cap, but a deposit above one month's rent must earn interest. Return deadline: 30 days (see details).
Tenant's notice to move out
30 days, ending with a rental period
Notice for unpaid rent
3 days (pay or move out)
How a written notice is delivered (eviction-notice rules)
A nonpayment notice is effective only when hand delivered, mailed to the resident, or posted on an exterior door of the unit (taped on all sides or placed in a notice/mail receptacle). Other notices that are posted must also be mailed first class or hand delivered (NMSA § 47-8-13(D)).
Notice for other lease violations
7 days (fix it or move out)
Small claims court limit
$10,000 — where most deposit and rent disputes are filed.
Repairs
Time to repair: 7 days. Repair and deduct: not addressed by state law; withholding rent: allowed with limits.
Deposit kept wrongly
Missing the 30-day statement means the owner loses the right to keep any part of the deposit, can't counterclaim, can't sue separately for damage, and owes court costs and reasonable attorney's fees. Bad-faith retention adds a $250 civil penalty payable to the resident.
Lawful reasons to end a lease early
Unit unlivable or landlord fails to repair; Landlord harassment or illegal entry; Other

Sources

Laws change. This page was checked against the sources above on October 15, 2026. It is legal information, not legal advice; for a dispute, contact your state's legal aid. See our methodology.