| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | None |
| Required Notice | Usually 7 or 30 Days |
Does New Mexico Have Rent Control Laws?
New Mexico does not have rent control laws limiting the amount that landlords request. State law prohibits local governments from establishing rent control laws .
When Can a Landlord Raise Rent in New Mexico?
Landlords in New Mexico can raise the rent at any time, as long as they comply with the following:
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Aren’t raising rent for discriminatory or retaliatory reasons
- Give reasonable notice
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 5.5% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in New Mexico?
Landlords in New Mexico may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement).
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act.
- It is done in response to a protected tenant action, such as requesting repairs. This is known as “retaliation” .
How Often Can Rent Be Increased in New Mexico?
Landlords in New Mexico can increase the rent as often as they choose as long as they provide sufficient notice each time.
How Much Notice is Needed to Raise Rent in New Mexico?
In New Mexico, landlords cannot raise the rent during a lease term and must give notice as follows :
- Month-to-month and other fixed-term tenants (e.g. year lease) – 30 days’ notice
- Week-to-week tenants – 7 days’ notice
For any lease term shorter than one month, the notice period is equal to the rental period .
How Much Can a Landlord Raise Rent in New Mexico?
In New Mexico, landlords can raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 NM Stat § 47-8A-1
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No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property.Source Link
- 2 NM Stat § 47-8-39
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An owner may not retaliate against a resident who is in compliance with the rental agreement and not otherwise in violation of any provision of the Uniform Owner-Resident Relations Act by increasing rent…Source Link
- 3 NM Stat § 47-8-15
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An owner may increase the rent…in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty days prior to the periodic rental date specified in the rental agreement or, in the case of a fixed term residency, at least thirty days prior to the end of the term.Source Link
- 4 NM Stat § 47-8-15
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In the case of a periodic residency 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.Source Link
