New Mexico
Rent Increases & Fees

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. New Mexico state landlords may charge up to $25 for bounced checks.

When Can a Landlord Increase Rent?

A New Mexico landlord may not increase rent during the course of 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).

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 (Fair Housing Act).

Is there a rent increase limit?

New Mexico does not legislate 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 (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

A New Mexico landlord may charge up to $25 for a payment returned for insufficient funds.

Cities in the State With Rent Control

New Mexico legislation preempts rent control.