New Mexico Rent Increases & Fees

Last Updated: May 4, 2022 by Elizabeth Souza

QUICK FACTS
  • Rent Control / Increase Limitations. New Mexico state landlords can raise rent only after the lease has ended.
  • Notice Required to Raise Rent. For month-to-month tenancies, New Mexico landlords must provide 30 days’ notice from next rent due date.
  • Bounced Check Fees. No state statute for bounced checks.

When Can a Landlord Increase Rent?

A New Mexico landlord may not increase rent during a lease. If a landlord wishes to increase the rent on an “at-will” tenant, he/she may do so at any time so long as the appropriate notice is provided.

When is it Illegal to Raise Rent?

It is illegal for a New Mexico landlord to increase rent in retaliation for a tenant asking for repairs, filing a complaint with the appropriate agency, joining a tenant’s group, or testifying on the behalf of another tenant (New Mexico Code 47-8-39).

According to Federal Fair Housing Act, it is illegal for a landlord to raise rent based on the age, race, religion, nation or origin, familial status, or disability status of a tenant.

Is there a Rent Increase Limit?

New Mexico does not have any specific state statues on how much rent can be increased.

How Much Notice is Needed for Raising Rent?

A New Mexico landlord must provide a 30-Day Notice before increasing rent to a month-to-month tenant and a 30-Day Notice for a fixed-term tenancy. It can be provided 30 days prior to the end of the term. Any other periodic tenancy that is less than one month, a tenant must be provided with at least one rental period in advance of the first rental payment increase. (New Mexico Code 47-8-15).

How Often Can Rent Be Increased?

New Mexico does not regulate how frequently rent may be increased.

Laws Regarding Late Fees

A landlord may charge a tenant up to 10% of the rent in late fees and has up to the end of the following month to provide notice of this charge. (New Mexico Code 47-8-15)

Laws Regarding Bounced Check Fees

There are no specific state statutes regarding bounced check fees.

Cities in the State with Rent Control

New Mexico legislation preempts rent control.