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New Mexico Landlord-Tenant Laws

This overview summarizes common New Mexico landlord-tenant topics using published statute references (New Mexico Statutes 47-8). Laws change — confirm details with official sources.

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New Mexico at a glance: Security deposit limit: Depends on the tenancy. Return deadline: 30 days. Month-to-month notice: 30 days. Source: New Mexico Statutes 47-8.

Security deposit

Maximum deposit
Depends on the tenancy
Return deadline
30 days
Interest required
See details

The rule: For a lease shorter than one year, max 1 month's rent. An annual lease has no fixed limit, but a deposit above one month's rent earns the tenant yearly interest at the passbook rate. Within 30 days after the lease ends or the tenant leaves, whichever is later, the landlord must send an itemized list of deductions with the balance, or lose the right to withhold (N.M. Stat. Ann. § 47-8-18).

Landlords should provide an itemized deduction list when withholding any portion of the deposit.

Source read · N.M. Stat. Ann. § 47-8-18

Eviction notice

Nonpayment of rent
3 days notice
Lease violation
7 days notice

Court filing and service rules vary by county. Use our eviction timeline calculator for planning.

Notice to vacate

Month-to-month lease
30 days notice
Fixed-term lease
No notice required if lease ends

Late rent fees

Grace period
No statutory requirement
Maximum late fee
10% of rent

Additional regulations

Rent control
No statewide rent control
Landlord entry notice
24 hours

Primary statute reference: New Mexico Statutes 47-8

Sources

When to use New Mexico document templates

Use LeaseCraft templates when you need PDF and editable DOCX lease and notice forms built for New Mexico landlords and tenants. Start with the residential lease generator, then add notices from the list of New Mexico documents.

Common mistakes in New Mexico

  • Relying on verbal agreements instead of a written lease with required disclosures
  • Missing the security deposit return deadline (30 days)
  • Serving eviction or termination notices with incorrect day counts

Frequently asked questions

  • In New Mexico the security deposit limit depends on the tenancy. The return deadline is 30 days. For a lease shorter than one year, max 1 month's rent. An annual lease has no fixed limit, but a deposit above one month's rent earns the tenant yearly interest at the passbook rate. Within 30 days after the lease ends or the tenant leaves, whichever is later, the landlord must send an itemized list of deductions with the balance, or lose the right to withhold (N.M. Stat. Ann. § 47-8-18).

    Confirm current rules in New Mexico Statutes 47-8.

  • New Mexico month-to-month tenancies typically require 30 days written notice unless the lease specifies otherwise.
  • Use our New Mexico lease agreement generator to build a residential lease with state-structured clauses. Preview free before download.

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