No Rent Control or Rent Caps
- No State or Local Rent Control: New Mexico does not have statewide rent control, and state law prohibits cities and counties from enacting their own rent control ordinances. This means there are no legal limits on how much a landlord can increase rent, regardless of the amount or frequency.
Notice Requirements for Rent Increases
- Written Notice Required: Landlords must provide tenants with written notice of any rent increase, clearly stating the new rent amount and the effective date.
- 30-Day Notice for Increases Under 10%: If the rent increase is less than 10%, landlords must give at least 30 days’ written notice before the increase takes effect.
- 60-Day Notice for Increases Over 10%: If the increase exceeds 10%, a 60-day written notice is required.
Timing and Lease Terms
- End of Lease Term: Rent can only be raised at the end of a fixed-term lease, unless the lease specifically allows for mid-term increases.
- Month-to-Month Tenancies: Notice periods apply to month-to-month leases; landlords cannot raise rent in the middle of a month without proper notice.
Tenant Protections
- Anti-Discrimination and Retaliation: Rent increases cannot be made for discriminatory or retaliatory reasons. Increases based on race, religion, gender, disability, or in retaliation for exercising legal rights are illegal under the New Mexico Human Rights Act and federal law.
- Repair and Habitability: Tenants may withhold rent if the landlord fails to maintain habitable conditions, but must follow legal procedures.
- Landlord Entry: Landlords must provide at least 24 hours’ notice before entering a rental unit, except in emergencies.
Security Deposits
- Limit: The maximum security deposit is typically one month’s rent.
- Return: Security deposits must be returned within 30 days of move-out, minus any allowable deductions, with an itemized list provided to the tenant.
Table
| Rule/Requirement | Details |
|---|---|
| Rent Control | None statewide or locally allowed |
| Notice for <10% Increase | 30 days’ written notice |
| Notice for >10% Increase | 60 days’ written notice |
| When Can Rent Be Raised | End of lease term or as allowed by lease |
| Mid-Lease Increase | Only if lease allows |
| Anti-Discrimination/Retaliation | Increases cannot be discriminatory or retaliatory |
| Security Deposit Limit | One month’s rent |
| Security Deposit Return | Within 30 days of move-out, itemized deductions required |
Landlords in New Mexico can raise rent by any amount, but must give written notice—30 days for increases under 10% and 60 days for increases over 10%. There are no rent control laws, but strong notice and anti-discrimination protections exist. Tenants should always review their lease and seek legal help if they believe their rights are being violated.
Sources
[1] https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
[2] https://www.hemlane.com/resources/new-mexico-tenant-landlord-law/
[3] https://citydesk.nm.news/2025/rent-control-advocates-vow-to-try-again-next-year/
[4] https://www.hemlane.com/resources/new-mexico-rent-control-laws/
[5] https://www.nmlegis.gov/Sessions/25%20Regular/bills/house/HB0442.html