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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.

New Mexico at a glance: Security deposit limit: 1 month rent (under 1 year lease). Return deadline: 30 days after move-out. Month-to-month notice: 30 days. Source: New Mexico Statutes 47-8.

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Security Deposit Laws

Maximum Deposit:

1 month rent (under 1 year lease)

Return Deadline:

30 days after move-out

Interest Required:

No statutory requirement

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

Eviction Notice Requirements

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

When to use New Mexico document templates

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

Common mistakes in New Mexico

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

Frequently asked questions

In New Mexico, the commonly cited limit is 1 month rent (under 1 year lease). Return timing is typically 30 days after move-out. 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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