New Mexico

New Mexico Landlord Tenant Key Rules

Official New Mexico Forms:

 

Security Deposit

TOPIC	RULE
Security Deposit Maximum:	Landlords or owners are permitted to demand a reasonable deposit from the tenant to recover damages, if any, caused to the premises by the tenant during his term of residency. N.M. Stat. § 47-8-18
Security Deposit Interest:	If the landlord demands or receives a deposit in an amount greater than one month’s rent, the landlord shall be required to pay to the resident annually an interest equal to the interest permitted to savings and loan associations in the state by the federal home loan bank board on such deposit. N.M. Stat. § 47-8-18
Separate Security Deposit Bank Account:	No statute.
Non-refundable fees:	No statute.
Pet Deposits and Additional Fees:	No statute.
Deadline for Returning Security Deposit:	Landlords are required to return security deposits to the tenant within thirty (30) days from the lease termination date, minus any withholdings. N.M. Stat. § 47-8-18
Permitted Uses of the Deposit:	Security deposits can only be used for past-due rent and utility costs owed, damages incurred due to tenant’s non-compliance with the rental agreement. N.M. Stat. § 47-8-18
Security Deposit can be Withheld:	Security deposits can be withheld as long as the landlord follows the stipulations of the statute. N.M. Stat. § 47-8-18
Require Written Description/Itemized List of Damages and Charges:	Landlords must provide a written statement of deductions from the deposit and the balance shown by the statement to be due, within thirty (30) days of the termination of the rental agreement. N.M. Stat. § 47-8-18
Receipt of Security Deposit:	No statute.
Record Keeping of Deposit Withholdings:	No statute.
Failure to Comply:	No statute.

Lease, Rent & Fees

TOPIC	RULE
Rent is Due:	Tenants must pay rent according to the schedule as stated in the rental agreement. N.M. Stat. § 47-8-15
Payment Methods:
Rent Increase Notice:	Landlords may increase the rent payable by the tenant in a month-to-month residency or for a lease with a fixed term residency by providing written notice to the tenant of the plannedd increase at least thirty (30) days prior to the periodic rental date or fixed term specified in the rental agreement. For tenancy of less than one month, written notice shall be provided at least one rental period in advance of the first rental payment to be increased. N.M. Stat. § 47-8-15
Late Fees:	Late fess must adhere to the terms of the lease, but cannot be more than ten (10%) percent of the total amount due for the term in default. N.M. Stat. § 47-8-15
Application Fees:	No statute.
Prepaid Rent:	Prepaid rent may be required according to the rental agreement as a deposit. N.M. Stat. § 47-8-18
Returned Check Fees:	A fee of $20 can be charged for any bad or bank returned check. N.M. Admin. Code § 14.5.5.15
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.):	Tenants may be entitled to rent abatement of one-third (1/3) the daily, pro-rated rent for unremedied conditions by the landlord that require repair after seven days’ notice. Tenants are entitled to 100 percent (100%) of the daily, pro-rated rent iabatement f the unit is actually uninhabitable. See statutes for additional requirements. N.M. Stat. § 47-8-27.2
Tenant Allowed to Repair and Deduct Rent:	No statute.
Self-Help Evictions:	Self-help evictions are illegal.
Landlord Allowed to Recover Court and Attorney’s Fees:	The prevailing party is entitled to reasonable attorneys’ fees and court costs to be assessed by the court. N.M. Stat. § 47-8-48
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent:	Landlords must do what they can to mitigate damages. N.M. Stat. § 47-8-6

Notices and Entry

TOPIC	RULE
Notice to Terminate Tenancy:	No notice is required as the rental agreement simply expires.
Notice to Terminate a Periodic Lease – Month-to-Month:	Either party may terminate a month-to-month residency by providing a written notice to the other at least thirty (30) days prior to the periodic rental date specified in the notice. N.M. Stat. § 47-8-37
Notice to Terminate a Periodic Lease – Week-to-week:	Either party may terminate a week-to-week residency by providing a written notice to the other at least seven (7) days prior to the periodic rental date specified in the notice. N.M. Stat. § 47-8-37
Notice to Terminate Lease due to Sale of Property:	Landlords must provide the appropriate notice based on the lease term. Upon receipt of written notice of the termination of the owner’s interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner. N.M. Stat. § 47-8-21
Notice of date/time of Move-Out Inspection:	No statute.
Notice of Termination for Nonpayment:	Landlords must provide a three-day written notice after rent is unpaid and past due, notifying of termination. The tenant may avoid lease termination by paying all monies that are past due prior to the expiration of the three-day notice. N.M. Stat. § 47-8-33
Notice for Lease Violation:	Landlords must provide a seven-day written notice to quit or remedy. If there is a second violaition of non-compliance by a tenant within six (6) months of the original notice, the landlord is eligible to provide a seven-day unconditional notice to quit. See statute. N.M. Stat. § 47-8-33
Required Notice before Entry:	Landlords must supply twenty-four (24) hours’ written notice of his intent to enter the dwelling unit, the purpose for entry, and the date and reasonable estimate of the time frame of the entry. This notice is not required when landlords enter within seven (7) days per tenant request to perform repairs or inspections with a government official. See statute. N.M. Stat. § 47-8-24
Entry Allowed with Notice for Maintenance and Repairs:	Landlords must supply twenty-four (24) hours’ written notice of his intent to enter the dwelling unit, the purpose for entry and the date, and reasonable estimate of the time frame of the entry. This notice is not required when landlords enter within seven (7) days per tenant request to perform repairs or inspections with a government official. See statute. N.M. Stat. § 47-8-24
Emergency Entry Allowed without Notice:	Landlords may enter the dwelling unit without consent of the resident in cases of emergency. N.M. Stat. § 47-8-24
Entry Allowed During Tenant’s Extended Absence:	Landlords may enter the dwelling unit at times reasonably necessary when the tenant has been absent for more than seven (7) days. N.M. Stat. § 47-8-34
Entry Allowed with Notice for Showing the Property:	Landlords must supply twenty-four (24) hours’ written notice of his intent to enter the dwelling unit, the purpose for entry and the date and reasonable estimate of the time frame of the entry. N.M. Stat. § 47-8-24
Notice to Tenants for Pesticide Use:	No statute.
Lockouts Allowed:	Lockouts are illegal. N.M. Stat. § 47-8-36
Utility Shut-offs Allowed:	Shutting off utilities on a tenant is illegal. N.M. Stat. § 47-8-36
Electronic Notices Allowed:	No statute.

Disclosures

• Name and Addresses: Landlord must disclose the name and address of the owner or agent. (N.M. Stat. Ann. § 47-8-19)
• Copy of the Lease: Tenant must receive a copy of the lease. (N.M. Stat. Ann. § 47-8-20)
• Domestic Violence Situations: Tenant may terminate lease with written notice and documentation. (N.M. Stat. Ann. § 47-8-33)

Duties

Landlord’s Duties

• Compliance: Comply with building and housing codes. (N.M. Stat. Ann. § 47-8-20)
• Repairs: Maintain premises in safe and habitable condition. (N.M. Stat. Ann. § 47-8-20)
• Common Areas: Keep safe and clean. (N.M. Stat. Ann. § 47-8-20)
• Maintenance: Keep all systems in good working order. (N.M. Stat. Ann. § 47-8-20)
• Garbage: Provide receptacles and arrangements for removal. (N.M. Stat. Ann. § 47-8-20)

Tenant’s Duties

• Cleanliness: Maintain the premises. (N.M. Stat. Ann. § 47-8-22)
• Trash: Properly dispose of waste. (N.M. Stat. Ann. § 47-8-22)
• Plumbing: Use fixtures appropriately. (N.M. Stat. Ann. § 47-8-22)
• Appliances: Operate reasonably and safely. (N.M. Stat. Ann. § 47-8-22)
• Damage: Avoid intentional or negligent damage. (N.M. Stat. Ann. § 47-8-22)
• Quiet Enjoyment: Avoid disturbing neighbors. (N.M. Stat. Ann. § 47-8-22)
• Subleasing: Subject to lease. (Lease-specific)
• Retaliation: Not allowed. (N.M. Stat. Ann. § 47-8-39)
• Lead Disclosure: Federally required.