| 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 retaliation against a protected tenant action, such as requesting repairs
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?
New Mexico landlords cannot raise the rent during a lease term and must give 30 days’ notice for month-to-month and other fixed-term tenants, like those on a one-year lease. For tenancies shorter than one month, the notice period is equal to the rental payment period (so week-to-week tenants would require 7 days’ notice, for example).
How Much Can a Landlord Raise Rent in New Mexico?
New Mexico landlords may raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 N.M. Stat. § 47-8A-1(A)
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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 N.M. Stat. § 47-8-39(A)
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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, decreasing services or by bringing or threatening to bring an action for possession because the resident has within the previous six months:
(1) complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety;
(2) organized or become a member of a residents’ union, association or similar organization;
(3) acted in good faith to exercise his rights provided under the Uniform Owner-Resident Relations Act, including when the resident makes a written request or complaint to the owner to make repairs to comply with the owner’s obligations under Section 47-8-20 NMSA 1978;
(4) made a fair housing complaint to a government agency charged with authority for enforcement of laws or regulations prohibiting discrimination in rental housing;
(5) prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit pending against the owner relating to the residency;
(6) testified on behalf of another resident; or
(7) abated rent in accordance with the provisions of Section 47-8-27.1 or 47-8-27.2 NMSA 1978.
Source Link - 3 N.M. Stat. § 47-8-15(F)
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An owner may increase the rent payable by the resident 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. 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
