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Tenant Rights Guide

New Mexico Tenant Rights

New Mexico has moderate tenant protections with clear deposit and late fee limits.

Implied Warranty of Habitability
Repair & Deduct
Rent Withholding
Retaliation Protection
Statewide Rent Control

Security Deposit

Maximum allowed
1 month's rent (lease < 1 year) or no limit (lease 1+ year)
Return deadline
30 days
Itemized deductions required
Yes

Landlord Entry

Notice required
24 hours
Emergency exception
Yes — landlord may enter without notice in genuine emergencies

Notice to Vacate

Month-to-month
30 days
Fixed-term lease
No notice required — ends automatically

Rent Control

Statewide rent control
No
Local ordinances allowed
No
Details
No rent control in New Mexico.

Late Fees & Grace Period

Grace period
No statutory grace period
Late fee limit
10% of monthly rent

Early Lease Termination

Early termination for military deployment, uninhabitable conditions, domestic violence. Landlord must mitigate.

Key Statutes & Laws

  • New Mexico Uniform Owner-Resident Relations Act (NMSA § 47-8-1 et seq.)

Frequently Asked Questions — New Mexico Tenant Rights

What is the security deposit limit in New Mexico?

In New Mexico, the security deposit limit is 1 month's rent (lease < 1 year) or no limit (lease 1+ year). Landlords must return the deposit within 30 days.

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

New Mexico requires 24 hours before landlord entry. Emergencies are exempt from notice requirements.

Does New Mexico have rent control?

No rent control in New Mexico.

Can I break my lease early in New Mexico?

Early termination for military deployment, uninhabitable conditions, domestic violence. Landlord must mitigate.

What is the late fee grace period in New Mexico?

No statutory grace period. Late fee limit: 10% of monthly rent.

Got a New Mexico lease?

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This guide provides general information about New Mexico tenant rights and is not legal advice. Laws change — always verify current statutes with your local tenant rights organization or a licensed attorney. Last updated March 2026.