| Quick Facts | Answer |
| Reason Needed | No |
| Max / Limit | None |
| Notice Requirement | Usually 7 or 30 Days |
Does New Mexico Have Rent Control?
No, New Mexico does not have rent control laws limiting the amount that landlords may ask for rent and state law prohibits local governments from establishing their own rent control laws.
How Much Can a Landlord Raise Rent By in New Mexico?
In New Mexico, landlords can raise the rent by any amount and for any reason as long as they give proper notice, don’t do so during the fixed term of a lease, and aren’t doing so for certain discriminatory or retaliatory reasons.
When Can a Landlord Raise Rent in New Mexico?
In New Mexico, landlords can raise the rent for any reason as long as it is not discriminatory or retaliatory in nature and proper notice is given.
When Can’t a Landlord Raise Rent in New Mexico?
In New Mexico, landlords cannot raise the rent during the middle of a lease’s fixed term, for certain discriminatory reasons (like race or age) or for certain retaliatory reasons (such as in response to a tenant requesting repairs).
The Federal Fair Housing Act prohibits discrimination due to:
- Age
- Race
- Gender (including gender identity)
- Sexual orientation
- Religion
- Nationality or origin
- Familial status
- Disability
New Mexico law prevents landlords from increasing rent in retaliation. An action by a landlord is considered retaliatory if it occurs within 6 months after something a tenant does.
Rent increases are considered retaliatory if they are in response to a tenant:
- Filing a complaint with the appropriate agency regarding fair housing, discrimination, or the health or safety of the property
- Exercising a right granted by the landlord-tenant laws
- Participating in a lawsuit against the landlord
- Joining or organizing a tenants’ group or union
- Requesting repairs
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 at least:
- 30 days’ notice: Month-to-month and other fixed-term tenants (e.g. year lease)
- 7 days’ notice: Week-to-week tenants
For any lease term shorter than one month, the notice period is equal to the rental period.
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.
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 § 47-8-39
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An owner may not retaliate against a resident…by increasing rent…because the resident has within the previous six months…Source Link
- 4 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
- 5 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