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New Mexico Landlord-Tenant Laws 2026

Security deposit limits, notice requirements, eviction process, late fees, and more for New Mexico landlords. All citations reference actual New Mexico statutes.

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Disclaimer: This information is provided for general educational purposes only and is not legal advice. Laws change frequently. Always verify current statutes with your state legislature or consult a licensed attorney before making legal decisions.
Security DepositNotice PeriodEvictionLate FeeLease TerminationRent IncreaseHabitabilityLandlord EntryFair Housing
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Security Deposit Rules

N.M. Stat. § 47-8-18
Security deposit limited to 1 month rent (no pet deposit beyond this). Must be returned within 30 days. Itemized deductions required. Must provide written receipt of deposit.
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Notice Period Requirements

N.M. Stat. § 47-8-37
Month-to-month requires 30 days notice. Week-to-week requires 7 days. Lease violation: 7-day notice to cure for non-compliance.
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⚖️

Eviction Process

N.M. Stat. § 47-8-33
Nonpayment: 3-day notice to pay or quit. Lease violation: 7-day notice to cure. Court filing required. Owner-occupant rules may vary.
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Late Fee Rules

N.M. Stat. § 47-8-15
Late fee cannot exceed 10% of monthly rent. No statutory grace period required but late fee terms must be in lease.
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Lease Termination

N.M. Stat. § 47-8-37
Fixed-term ends per lease. Month-to-month: 30 days notice. Early termination for military, domestic violence, or uninhabitable conditions.
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Rent Increase Rules

N.M. Stat. § 47-8-15
No rent control. No statutory limit on increases. 30 days notice required for month-to-month tenancies.
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Habitability Standards

N.M. Stat. § 47-8-20
Landlord must maintain premises in habitable condition, comply with building and housing codes, keep common areas clean, provide running water, hot water, and heat.
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Landlord Entry Rules

N.M. Stat. § 47-8-24
Landlord must give at least 24 hours notice before entry. Entry at reasonable times for agreed services. Emergency entry without notice. Tenant may not unreasonably withhold consent.
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Fair Housing Protections

N.M. Stat. § 28-1-7
New Mexico Human Rights Act prohibits discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, and disability.
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