Landlord Guide to Renting in New Mexico

New Mexico's Uniform Owner-Resident Relations Act (N.M. Stat. Ann. § 47-8-20) governs rental agreements. Written leases are required for tenancies exceeding one year under the Statute of Frauds. Oral agreements are enforceable for shorter terms but written leases are strongly recommended for clarity.

• Written leases are required for terms exceeding one year; oral agreements are enforceable for shorter terms
• The lease must identify the parties, the premises, the rent amount, and the term of the agreement
• Lease provisions that waive the tenant's rights under the Act are unenforceable (N.M. Stat. Ann. § 47-8-17)
• Month-to-month tenancies arise when no fixed term is specified or after a lease expires without renewal

Under N.M. Stat. Ann. § 47-8-18, security deposits for residential leases of one year or less are capped at one month's rent. For leases longer than one year, there is no statutory cap. The deposit must be held in a federally insured interest-bearing account in New Mexico.

• Maximum deposit: one month's rent for leases of one year or less (N.M. Stat. Ann. § 47-8-18)
• No statutory cap for leases exceeding one year
• Deposit must be placed in a federally insured interest-bearing account in New Mexico
• Landlord must provide written notice of the account location within 30 days of receipt

New Mexico landlords must provide several disclosures to tenants before or at the start of the lease. These include federal lead-based paint disclosures and state-specific requirements under the Uniform Owner-Resident Relations Act.

• Lead-based paint disclosure for properties built before 1978 (42 U.S.C. § 4852d)
• Name and address of the owner or authorized agent (N.M. Stat. Ann. § 47-8-19)
• Written notice of the tenant's right to a move-in inspection (N.M. Stat. Ann. § 47-8-18(C))
• Disclosure of any known material defects in the premises that could affect health or safety

Rent is due on the date specified in the rental agreement. New Mexico does not mandate a statutory grace period for late rent. Late fees must be specified in the lease and must be reasonable in relation to the actual costs incurred by the landlord.

• Rent is due on the date stated in the lease agreement
• No statutory grace period is required, though many leases include one
• Late fees must be reasonable and agreed upon in the lease
• Landlords may not charge a penalty that is excessive relative to the late payment (N.M. Stat. Ann. § 47-8-15(D))

New Mexico landlords must maintain rental units in a habitable condition under the implied warranty of habitability codified in N.M. Stat. Ann. § 47-8-20. This includes compliance with building and housing codes and providing essential services such as heat, water, and sanitation.

• Maintain the property in compliance with all applicable building and housing codes (N.M. Stat. Ann. § 47-8-20(A)(1))
• Keep all common areas in a clean and safe condition
• Provide and maintain functioning plumbing, heating, hot water, and electrical systems
• Make repairs within a reasonable time after receiving written notice from the tenant (N.M. Stat. Ann. § 47-8-27)

Under N.M. Stat. Ann. § 47-8-24, a landlord must provide at least 24 hours' written notice before entering a rental unit for non-emergency purposes. Entry must be at reasonable times and for lawful purposes such as repairs, inspections, or showing the unit to prospective tenants.

• 24 hours' written notice required for non-emergency entry (N.M. Stat. Ann. § 47-8-24)
• Entry must be at reasonable times for legitimate purposes
• Permitted purposes include repairs, inspections, and showing the unit to prospective buyers or tenants
• Emergency entry is allowed without notice when there is imminent danger to persons or property

New Mexico does not have statewide rent control. Landlords may increase rent by any amount, but cannot do so during a fixed-term lease unless the lease expressly permits it. For month-to-month tenancies, landlords must provide at least 30 days' written notice before an increase takes effect.

• No statewide rent control or caps on rent increases
• Rent cannot be increased during a fixed-term lease unless the lease allows it
• For month-to-month tenancies, at least 30 days' written notice is required before an increase (N.M. Stat. Ann. § 47-8-37(B))
• Retaliatory rent increases after a tenant exercises legal rights are prohibited (N.M. Stat. Ann. § 47-8-39)

Notice requirements in New Mexico depend on the type of tenancy and the reason for termination. The Uniform Owner-Resident Relations Act specifies different notice periods for various termination scenarios.

• Month-to-month tenancy: 30 days' written notice by either party (N.M. Stat. Ann. § 47-8-37(B))
• Week-to-week tenancy: 7 days' written notice (N.M. Stat. Ann. § 47-8-37(A))
• Nonpayment of rent: 3-day written notice to pay or vacate (N.M. Stat. Ann. § 47-8-33(D))
• Material lease violation: 7-day written notice to cure, with termination if not cured within the notice period (N.M. Stat. Ann. § 47-8-33(A))

Evictions in New Mexico must follow judicial procedures. After the appropriate notice period expires, the landlord may file a petition for restitution in the appropriate magistrate or district court. Self-help evictions are strictly prohibited.

• Serve the required written notice (3-day for nonpayment, 7-day for lease violation, or 30-day for termination)
• If the tenant does not comply, file a petition for restitution in magistrate or district court
• The court schedules a hearing; the tenant may appear and present defenses
• If the court rules for the landlord, a writ of restitution is issued and executed by the sheriff

Under N.M. Stat. Ann. § 47-8-18(D), landlords must return the security deposit within 30 days after the tenant vacates and delivers possession. Any deductions must be accompanied by a written itemized statement.

• Return deadline: 30 days after the tenant vacates and delivers possession (N.M. Stat. Ann. § 47-8-18(D))
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, and other lease-specified charges
• An itemized written statement of deductions must be provided with any withheld amount
• Failure to return the deposit or provide an itemization within 30 days may result in the landlord forfeiting the right to withhold any portion of the deposit