Published 2026-09-25 · 27 min read

New Mexico Landlord-Tenant Law 2026: The Plain-English Guide

New Mexico residential rentals run on one act with a recent amendment wave: the Uniform Owner-Resident Relations Act, NMSA §§ 47-8-1 to 47-8-52 (the Act calls the landlord the "owner" and the tenant the "resident"), plus the Rent Control Prohibition at NMSA § 47-8A-1, the housing provisions of the Human Rights Act, NMSA § 28-1-7(G), and — since June 20, 2025 — Senate Bill 267 (Laws 2025, ch. 122), which rewrote the fee rules: a $50 screening-fee cap, all-in listing disclosure, a 60-day fee-increase notice, and a late-fee cap cut from 10% to 5%. This guide states the current law, verified against the statute text as published in the Justia mirror of the 2025 New Mexico Statutes, the enrolled bill text at the New Mexico Legislature, and the New Mexico Courts fee pages.

Nine corrections and completions to start. First, the old page's "just cause" framing is deleted — it was wrong. The Act imposes no general just-cause requirement: an owner may end a month-to-month residency on 30 days' written notice without stating any reason at all (§ 47-8-37(B)), and may end a week-to-week residency on 7 days' notice (§ 47-8-37(A)). Cause is required only to terminate a fixed term early, through the breach tracks of § 47-8-33 — and even a no-cause termination is unlawful if it is retaliatory under § 47-8-39 or discriminatory under § 28-1-7. Second, rent control is not merely absent — it is prohibited. Section 47-8A-1 bars any political subdivision or home-rule municipality from enacting an ordinance that controls, or would have the effect of controlling, rents on privately owned property; a 2025 bill to repeal that prohibition (SB 216) was postponed indefinitely and did not pass. Third, the 5% late-fee cap is right only because of a 2025 amendment the old page never mentioned: SB 267 cut § 47-8-15(D) from 10% to 5%, added the rule that late fees are calculated only on rent (never on deposits, other fees, or utilities), and the cap applies only where the rental agreement itself provides for a late fee. Fourth, the deposit section omitted a penalty: bad-faith retention carries a separate $250 civil penalty under § 47-8-18(E), on top of the forfeiture package in § 47-8-18(D). Fifth, the old page's repair-and-deduct claim is deleted: the Act gives a resident termination, rent abatement, damages, and injunctive relief for an owner's breach (§§ 47-8-27.1, 47-8-27.2) — it contains no repair-and-deduct remedy. Sixth, abatement runs from the date the resident notified the owner, not from the day the 7-day cure window closes, and it never applies to a mere amenity failure (§ 47-8-27.2). Seventh, the repeat-violation rule was misstated: the second notice track is triggered by a second material noncompliance within six months — not the "same or substantially similar" violation — and the first notice must warn of exactly that consequence and be given within 30 days of the breach (§ 47-8-33(B)–(C)). Eighth, the "$77 filing fee" is qualified: $77 is the civil filing fee published by the Bernalillo County Metropolitan Court (and the magistrate-court civil figure in judicial-district fee schedules); a district-court civil filing is $132, and the old page's flat statewide figure is gone. The "7–10 days" hearing figure, by contrast, survives — it is the statutory trial-setting rule of § 47-8-43(A)(1), not a custom. Ninth, source of income is not a statewide protected class: HB 339 (2025), which would have added it to § 28-1-7, passed the House 42–24 and died in the Senate; the statewide housing list is the one in § 28-1-7(G), stated verbatim in the discrimination section below. (The City of Albuquerque protects source of income by local ordinance.)

Disclaimer: this is general information, not legal advice. New Mexico possession cases are filed in magistrate court, the Bernalillo County Metropolitan Court, or district court depending on the county and the amount in controversy, and municipal housing codes layer on top of the state Act; consult a New Mexico landlord-tenant attorney for your situation.

New Mexico's one-month deposit cap, 30-day return clock, 3-day nonpayment notices, and 5% late-fee cap are all quirks of the Uniform Owner-Resident Relations Act — and none of them match the states next door. The 50-State Landlord Law Dataset (CSV + JSON) ($29) puts all 50 states' deposit caps, return deadlines, damage multipliers, and entry-notice rules in one searchable spreadsheet so you can compare and comply without re-reading statutes.

At a glance

When the clocks actually start

New Mexico's clocks run from receipt, posting, and departure as often as from breach, and the Act's service rules decide when a notice counts at all. The deposit clock runs 30 days from termination of the rental agreement or resident departure, whichever is later (§ 47-8-18(C)) — but the forfeiture subsection is worded from "termination of the tenancy" (§ 47-8-18(D)), so diary the earlier reading. The nonpayment clock runs 3 days after written notice, and that notice is effective only when hand delivered, mailed, or posted on an exterior door of the dwelling unit (§§ 47-8-33(D), 47-8-13(D)). Every other written notice to a resident works differently: a posting must also be mailed by first class mail or hand delivered, and the posting date stated in the notice is the effective date (§ 47-8-13(D)). The 7-day cure clock runs from receipt of the breach notice (§ 47-8-33(A)), and if the last day to remedy a breach falls on a weekend or a federal holiday, the period extends to the next day that is neither (§§ 47-8-33(H), 47-8-27.1(E)). The abatement clock reaches backward: once a condition goes unremedied for 7 days, the abatement is measured from the date the resident notified the owner (§ 47-8-27.2(A)). The trial clock runs from service of summons — 7 to 10 days (§ 47-8-43(A)(1)) — and the writ clock runs from entry of judgment — 3 to 7 days (§ 47-8-46(A)).

Worked example, weekday-verified: a resident receives a first-breach notice on Saturday, February 28, 2026, specifying a material noncompliance with dates and facts. The 7-day remedy period would end Saturday, March 7, 2026 — a weekend — so § 47-8-33(H) extends it through the weekend to Monday, March 9, 2026. A remedy completed on Monday, March 9 is timely and the tenancy survives; a landlord who files on March 8 has filed a day early. Contrast the nonpayment track: a 3-day notice hand delivered Monday, March 2, 2026 gives the resident through Thursday, March 5, 2026 to tender the full amount due in the manner stated in the notice; full tender by Thursday bars the action outright (§ 47-8-33(D)). See our eviction process guide for the filing sequence that follows.

How much can a New Mexico landlord charge as a security deposit? (§ 47-8-18)

The deposit rules are stated in full on our sister page, New Mexico security deposit law; the operating points for this guide:

• The cap turns on term. Under one year, the owner shall not demand or receive a deposit in excess of one month's rent (§ 47-8-18(A)(2)) — "demand or receive" means an over-cap deposit you merely accepted is already a violation. An annual agreement may carry a reasonable deposit with no stated dollar ceiling, but the moment it exceeds one month's rent the owner owes interest annually, at the passbook interest permitted to savings and loan associations in this state by the Federal Home Loan Bank Board, on such deposit (§ 47-8-18(A)(1)). What counts is substance: a "deposit" is money or an instrument delivered as a pledge to abide by the terms and conditions of the rental agreement (§ 47-8-3(F)), whatever the ledger calls it. Prepaid last month's rent sits outside the section (§ 47-8-18(B)).
• The 30-day return. On termination, the deposit may be applied only to rent owed and to damages from the resident's noncompliance with the rental agreement or with § 47-8-22 — the section's closing sentence confirms rent, utilities, repair work, and other legitimate damages — and never to normal wear and tear (§ 47-8-18(C)). Section 47-8-3(K) defines normal wear and tear as deterioration from the use the unit is intended for, without negligence, carelessness, accident, abuse, or intentional damage — and adds that uncleanliness does not constitute normal wear and tear. If any portion is retained, the itemized written list and the balance are due within 30 days of the later of agreement termination or resident departure, and mailing to the last known address is deemed compliance.
• The forfeiture package. Miss the written statement and balance within 30 days of termination of the tenancy and the owner forfeits the right to withhold any portion of the deposit, forfeits the right to assert a counterclaim in the resident's recovery action, forfeits the right to bring an independent action for damages to the rental property, and owes the resident's court costs and reasonable attorney's fees (§ 47-8-18(D)). Bad-faith retention adds a $250 civil penalty payable to the resident (§ 47-8-18(E)) — the sanction the old page omitted.
• Worked example, weekday-verified. Rent is $1,200 a month under a ten-month agreement, the deposit is $1,200 (exactly the (A)(2) cap), and the agreement terminates and the resident departs on the same day, Monday, March 2, 2026. The itemized list and balance are due Wednesday, April 1, 2026. Lawful, documented deductions of $450 (unpaid utilities and damage from noncompliance, each itemized) leave a balance of $750, mailed to the last known address by April 1. Send nothing by April 1 and the $450 in real charges does not survive: the forfeiture package takes the withholding, the counterclaim, and the independent damage action together.

Build the record with the Security Deposit Deadline Finder, our deductions guide, and the move-in/move-out inspection checklist.

What application fees and listing disclosures does New Mexico's SB 267 require? (2025)

Before 2025 the Act said almost nothing about the front end of a tenancy. SB 267 (Laws 2025, ch. 122, effective June 20, 2025) changed that in five moves, and every landlord advertising or screening in New Mexico now works under all five:

1. All-in listing disclosure (§ 47-8-19.1). An owner must disclose to applicants, in plain language, all costs of the rental agreement in the published listing — the base rent and a description of every fee or charge that will be assessed during the residency, itemized and readily identifiable in the listing. The owner is not liable for a third-party website's failure to represent costs the owner provided.

2. The $50 screening-fee cap (§ 47-8-19.2(A)). A screening fee may not exceed $50, and only to cover the cost of obtaining information about the applicant — a consumer credit report, a reference check, or a screening service. Five conditions attach: the applicant receives written or digital notice of the fee and agrees in writing to pay it; no fee may be charged when the owner knows or should know no unit is available, or none will be available at the start of the residency; the applicant gets a written or digital receipt; the owner must hold the card charge, or wait to deposit cash or checks, until all prior applicants have been screened and rejected or offered the unit and declined; and no other fees may be charged to process an application.

3. Mandatory screening-fee returns (§ 47-8-19.2(B)–(C)). The fee comes back within 30 calendar days if a prior applicant is offered the unit and agrees to rent it, or if the owner never obtains a credit report, performs a reference check, uses a screening service, or processes the application. A return is made by certified mail, by destroying the check at the applicant's request, or by making it available for the applicant to retrieve.

4. One fee per 90 days, and the reports are the applicant's (§ 47-8-19.3). An owner may require a background check before a rental agreement, but may not charge more than one screening fee to the same applicant if screening was completed within 90 calendar days of the application date for any properties under the same ownership — and must provide the applicant a copy of any reports used to screen them.

5. Teeth (§§ 47-8-48(B) and SB 267 § 8). An owner who charges an unauthorized screening fee is liable for $250 and must return all fees paid (§ 47-8-48(B)). Charging an applicant a fee that is not a screening fee or deposit, or that was not published in the listing, is an unfair or deceptive trade practice under the Unfair Practices Act that the Attorney General may enforce; so is charging rent or fees not included in the rental agreement.

Screen within those rails and document each step; our tenant screening walkthrough covers the workflow, and the fee rules above are the part of it New Mexico now prescribes by statute.

When is rent due in New Mexico, and what late-fee and increase rules apply? (§ 47-8-15)

• When rent is due. The resident pays rent in accordance with the rental agreement; without an agreement, the fair rental value. Rent is payable without demand or notice at the time and place agreed (at the dwelling unit if not otherwise agreed), at the beginning of a term of one month or less and otherwise in equal monthly installments at the beginning of each monthly period (§ 47-8-15(A)–(B)). Without a fixed term, the residency is week-to-week for a weekly payer and month-to-month in all other cases (§ 47-8-15(C)).
• The late fee, restated with its amendment. If — and only if — the rental agreement provides for the charging of a late fee, the owner may charge no more than 5% of the rent for each rental period the resident is in default. Until June 20, 2025 the cap was 10% of the total rent payment; SB 267 cut it to 5% and added that late fees shall be calculated only based on rent — rent calculations for late fees shall not include deposits, additional fees, or utilities. To assess the fee, the owner must provide notice of the late fee charged no later than the last day of the next rental period immediately following the period in which the default occurred (§ 47-8-15(D)). There is no statutory grace period; the 3-day nonpayment notice in § 47-8-33(D) is a termination fuse, not a grace period, and this page no longer blurs the two. Worked example, weekday-verified: rent of $1,500 falls due Sunday, March 1, 2026 and is not paid. The maximum lawful late fee for that rental period is $75 (5% of $1,500 — not 5% of rent plus utilities or fees), and notice of that fee must reach the resident no later than Thursday, April 30, 2026, the last day of the next rental period. A lease clause written at the old 10% figure, or a fee computed on a rent-plus-utilities base, is unenforceable past the statutory cap. See how to handle late rent.
• Allocation. Unless the owner and resident agree in writing, a resident's payment of rent may not be allocated to deposits or damages (§ 47-8-15(G)) — a rule with a litigation echo in § 47-8-33(E), below.
• Increases. There is no cap on the amount of an increase — and no local cap may be created (§ 47-8A-1). What the Act regulates is notice: for a month-to-month residency, written notice of the proposed increase at least 30 days before the periodic rental date; for a fixed term, at least 30 days before the end of the term; for a periodic residency of less than one month, at least one rental period in advance of the first increased payment (§ 47-8-15(F)). Worked example, weekday-verified: written notice given Monday, March 2, 2026 can first support an increase payable Wednesday, April 1, 2026 on a monthly tenancy whose rent falls due on the first. Fees are different from rent: an increase to any fee provided in the rental agreement needs written notice at least 60 days before the periodic rental date or the end of a fixed term (one rental period for sub-monthly tenancies) (§ 47-8-19.4) — a notice given Friday, January 30, 2026 is 61 days ahead of an April 1 fee change, which is what compliance looks like. See how to raise rent legally.
• Guests. No fee may be assessed for occupancy by a reasonable number of guests for a reasonable length of time; charges for guests' use of facilities other than the dwelling unit are not precluded (§ 47-8-15(E)).

Owner duties and disclosures (§§ 47-8-19, 47-8-20)

• Who runs the property (§ 47-8-19). At or before the residency begins, the owner (or anyone authorized to make the rental agreement) must disclose in writing the name, address, and telephone number of the person authorized to manage the premises and of an owner, or a person authorized to act for the owner, for service of process and for receiving notices and demands. The information must be kept current, the duty binds successors, and failure to comply relieves the resident of the obligation to provide notice to the owner as the Act requires — a disclosure failure that disarms the owner's own notice arguments.
• The written agreement (§ 47-8-20(G)). The owner shall provide a written rental agreement to each resident before occupancy begins. No rental agreement may provide that a party waives rights or remedies under the Act (§ 47-8-16), and provisions the Act makes unlawful are unenforceable (§ 47-8-17).
• Keeping the premises (§ 47-8-20(A)). The owner must substantially comply with applicable minimum housing codes materially affecting health and safety; make repairs and do whatever is necessary to put and keep the premises in a safe condition; keep common areas in a safe condition; maintain electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other supplied facilities and appliances in good and safe working order; provide receptacles for ashes, garbage, rubbish, and other waste and arrange their removal; and supply running water, a reasonable amount of hot water at all times, and reasonable heat, subject to the section's two stated exceptions. In multi-unit housing with separate metering, the resident may obtain a copy of the unit's utility bill on request, and apportioned common-area calculations must be made available (§ 47-8-20(F)).
• Shifting duties is narrow. Owner and resident of a single-family residence may agree in writing, for consideration and in good faith, that the resident performs the waste and water/heat duties and specified repairs; for other dwellings the agreement must be a separate signed writing, supported by consideration, and must not diminish the owner's duties to other residents. An arrangement for a resident to perform the owner's obligations never diminishes those obligations, and the resident's failure to perform them is not a material breach and not a ground for eviction (§ 47-8-20(C)–(E)).
• The resident's side (§ 47-8-22). The resident must comply with housing-code obligations materially affecting health and safety; keep the occupied part of the premises as clean and safe as its condition permits and leave it as clean on termination, ordinary wear and tear excepted; dispose of waste cleanly and safely; keep plumbing fixtures clean; use facilities and appliances reasonably; not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises — or knowingly permit another person to do so; not disturb neighbors' peaceful enjoyment; abide by applicable condominium, cooperative, and neighborhood-association rules not inconsistent with the owner's rights or duties; and not knowingly commit, or consent to another person knowingly committing, a substantial violation.

Habitability remedies: termination, abatement, damages (§§ 47-8-27.1, 47-8-27.2)

On the owner's failure to perform the § 47-8-20 obligations, the resident's remedies are three, and repair-and-deduct is not among them — the old page's statement that tenants may "make the repairs and deduct the cost" has been removed because no section of the Act grants it.

1. Termination (§ 47-8-27.1(A)(1)). For a material noncompliance with the rental agreement, or a noncompliance with the Act materially affecting health and safety, the resident delivers written notice specifying the acts and omissions constituting the breach, stating that the agreement will terminate on a date not less than 7 days after receipt if a reasonable attempt to remedy is not made in 7 days. If the owner makes a reasonable attempt to adequately remedy within that window, the agreement does not terminate; if it does terminate and possession is restored, the owner returns the balance of prepaid rent and deposit the resident is entitled to.

2. Abatement (§ 47-8-27.2). Stated precisely in its own subsection below.

3. Damages and injunctive relief (§ 47-8-27.1(C)). In addition to the termination and abatement tracks, the resident may recover damages and obtain injunctive relief for any material noncompliance with the rental agreement or § 47-8-20.

Two limits frame all three: the rights do not arise if the condition was caused by the deliberate or negligent act or omission of the resident, a family member, or another person on the premises with the resident's consent; and where the noncompliance results solely from circumstances beyond the owner's control, the resident is limited to the termination and abatement tracks, with no action for damages or injunctive relief (§ 47-8-27.1(B)). A resident also may not run termination and abatement in the same rental period for the same violation — elect one; the other remains available for a subsequent violation or the same violation in a later period (§ 47-8-27.1(D)). Our maintenance request playbook covers the intake and logging workflow that keeps an owner inside these clocks.

The abatement fractions (§ 47-8-27.2)

If there is a violation of § 47-8-20(A) — other than a failure or defect in an amenity — the resident gives written notice of the conditions needing repair. If the owner does not remedy the conditions in the notice within 7 days, the resident is entitled to abate:

• One-third of the pro-rata daily rent for each day from the date the resident notified the owner of the conditions, through the day the conditions are remedied — and at the same rate for each day they persist unremedied into a subsequent rental period; or
• 100% of the rent for each day from the notification date until the breach is cured, if the dwelling is uninhabitable and the resident does not inhabit it as a result of the condition.

Worked example, weekday-verified: rent is $1,500 for April 2026 (30 days, a pro-rata daily rent of $50). The resident's written notice of a § 47-8-20 condition reaches the owner Wednesday, April 1, 2026, and the condition is not remedied within 7 days (by Wednesday, April 8, 2026) and persists through Friday, April 10, 2026. The one-third abatement is $16.67 a day, measured from April 1 — 10 days, $166.70 — not from April 9. Had the unit been uninhabitable and the resident out of it, the same 10 days would abate at 100%: $500. Three riders: nothing entitles a resident to abate for the unavailability of an amenity (§ 47-8-27.2(E); an "amenity" is a supplied facility whose absence would not materially affect health, safety, or habitability, § 47-8-3(C)); a court retains discretion to apply equitable abatement beyond the formula (§ 47-8-27.2(D)); and for subsidized rent, the one-month abatement limitation is measured on the total monthly rent paid for the dwelling, not the resident's portion alone (§ 47-8-27.2(C)). The practical lesson is unchanged from the old page and now has the arithmetic behind it: treat every written repair notice as a dated, logged, 7-day deadline, because silence converts directly into a rent credit that accrues from the notice date.

How much notice must a New Mexico landlord give before entering? (§§ 47-8-24, 47-8-38)

• The 24-hour rule, with its contents. The resident must consent to entry to inspect, make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the unit to prospective or actual purchasers, mortgagees, prospective residents, workmen, or contractors. Unless otherwise agreed, the owner may enter under that subsection only after giving 24 hours' written notification of the intent to enter, the purpose for entry, and the date and a reasonable estimate of the time frame of the entry (§ 47-8-24(A)(1)). A notice that gives a date but no purpose or time frame is short of the statute.
• Two no-notice exceptions the old page missed. The 24-hour rule does not apply to entry to perform repairs or services within 7 days of a request by the resident, or when the owner is accompanied by a public official conducting an inspection or a cable television, electric, gas, or telephone company representative (§ 47-8-24(A)(2)).
• Accommodation. Where the resident gives reasonable prior notice and alternate times or dates and it is practicable, or will not result in economic detriment to the owner, the owner must attempt to reasonably accommodate the alternate time (§ 47-8-24(A)(3)).
• Emergency and the closed list. The owner may enter without consent in an emergency (§ 47-8-24(B)), must not abuse the right of access (§ 47-8-24(C)), and has no other right of access except by court order, as permitted where the resident has abandoned or surrendered the premises, or where the resident has been absent more than 7 days as § 47-8-34 permits (§ 47-8-24(D)).
• Remedies run both ways. A resident who refuses lawful access faces the owner's injunctive relief to compel access, or termination, plus damages (§ 47-8-24(E)); § 47-8-38(A) adds reasonable attorney's fees and court costs. An owner who makes an unlawful entry, a lawful entry in an unreasonable manner, or repeated lawful demands that unreasonably interfere with quiet enjoyment faces the resident's injunctive relief or termination, plus damages (§ 47-8-24(F)) and, under § 47-8-38(B), damages, reasonable attorney's fees, and costs. Worked rhythm, weekday-verified: written notice delivered Monday, March 2, 2026 stating purpose and time frame supports entry on Tuesday, March 3, 2026 — and a standing habit of dated notices is what makes the § 47-8-38 record one-sided in the owner's favor when entry is ever litigated.

How much notice is required to end a New Mexico tenancy without breach — and is there a just-cause rule? (§ 47-8-37)

Because the old page announced the opposite, the rule belongs in its own section. Section 47-8-37 requires written notice and nothing else:

• Week-to-week: either party may terminate by written notice given at least 7 days before the termination date specified in the notice (§ 47-8-37(A)).
• Month-to-month: either party may terminate by written notice given at least 30 days before the periodic rental date specified in the notice (§ 47-8-37(B)). Worked example, weekday-verified: notice given Monday, March 2, 2026 is exactly 30 days before Wednesday, April 1, 2026, so April 1 is the earliest periodic rental date that notice can carry. A notice served a week later cannot reach April 1 and must specify May 1 instead — the fuse runs to a rental date, not to any 30th day.
• Fixed terms end by their own terms. The Act gives the owner no no-cause early exit from a running fixed term; early termination requires a § 47-8-33 breach track, the resident's § 47-8-27.1 track, the fire-and-casualty rules of § 47-8-31, or mutual agreement.
• Holdover. If the resident remains in possession without the owner's consent after expiration or termination, the owner may bring an action for possession, and if the holdover is willful and not in good faith, may also recover the damages sustained and reasonable attorney's fees. If the owner consents to continued occupancy, § 47-8-15(C) governs the resulting tenancy (§ 47-8-37(C)).

The limits on a no-cause termination live outside § 47-8-37: a termination that is retaliatory under § 47-8-39, discriminatory under § 28-1-7, or aimed at a resident who has exercised Act rights is unlawful whatever the notice says, and § 47-8-40's possession-action carve-outs are narrow. Paper the file so the reason for a non-renewal — where any reason beyond the calendar exists — is documented before the notice is served.

What happens when a New Mexico resident breaches the lease? (§ 47-8-33)

Except as the Act otherwise provides, the owner's termination tracks for a resident's breach are three, plus the nonpayment track that sits inside the same section. In any judicial action to enforce a remedy for which prior written notice is required, relief may be granted based only on the grounds set forth in the written notice served (§ 47-8-33(G)) — the notice is the pleading, so draft it like one.

First material breach: 7 days to cure (§ 47-8-33(A), (C))

On noncompliance with § 47-8-22 materially affecting health and safety, or on the initial material noncompliance with the rental agreement or any separate agreement, the owner delivers a written notice specifying the acts and omissions constituting the breach, including the dates and specific facts describing its nature, stating that the agreement will terminate on a date not less than 7 days after receipt if the breach is not remedied in 7 days. Two riders the old page dropped: the initial notice must state that the agreement will terminate upon a second material noncompliance within six months of the initial breach, and to be effective a notice under this track must be given within 30 days of the breach or knowledge of it (§ 47-8-33(C)). Remedy the breach in the window and the tenancy survives.

Second material breach: 7 days, no cure (§ 47-8-33(B))

Upon the second material noncompliance with the rental agreement or any separate agreement within six months of the initial breach, the owner delivers a second written notice with the same dates-and-specific-facts content, stating that the agreement terminates on a date not less than 7 days after receipt. There is no cure right on this track — and no sameness requirement either: the statute says second material noncompliance, which is why this page replaces the old page's "same or substantially similar violation" formulation. A subsequent breach occurring more than six months after the initial breach counts as a new initial breach and restarts the ladder. Worked example, weekday-verified: an initial breach noticed in March 2026 opens a six-month window; a second material noncompliance noticed on receipt Monday, June 1, 2026 supports a termination date of Monday, June 8, 2026 at the earliest — and a second breach first arising after the window closes in September 2026 is a first breach again, with a cure right attached.

Substantial violation: 3 days, closed list (§§ 47-8-33(I), 47-8-3(V))

If the resident knowingly commits, or consents to another person in the dwelling unit or on the premises knowingly committing, a substantial violation, the owner delivers written notice specifying the time, place, and nature of the act, stating that the agreement terminates on a date not less than 3 days after receipt. "Substantial violation" is a closed statutory definition — the following conduct, occurring in the dwelling unit, on the premises, or within 300 feet of the premises, constitutes the sole grounds (§ 47-8-3(V)):

1. Possession, use, sale, distribution, or manufacture of a controlled substance — excluding misdemeanor possession and use;

2. Unlawful use of a deadly weapon;

3. Unlawful action causing serious physical harm to another person;

4. Sexual assault or sexual molestation of another person;

5. Entry into the dwelling unit or vehicle of another person without permission and with intent to commit theft or assault;

6. Theft or attempted theft of another person's property by use or threatened use of force; or

7. Intentional or reckless damage to property in excess of $1,000 — the source of the old page's "$1,000 damage" line, now back in its statutory frame: intent or recklessness, and in excess of $1,000.

Three defenses are written into the track (§ 47-8-33(J)–(L)): it is a defense that the resident is a victim of domestic violence — and where the resident has filed for or secured a temporary domestic-violence restraining order arising from the incident (or a prior incident), the writ of restitution shall not issue, while in other domestic-violence cases the court has discretion to evict the resident accused of the violation while letting the remaining residents' tenancy continue undisturbed; it is a defense that the resident did not know, and could not reasonably have known of or prevented, another person's substantial violation; and it is a defense that the resident acted in reasonable and lawful self-defense of self, others, or property. And the track cuts back: if the court finds a substantial-violation action was frivolous or brought in bad faith, the petitioner is subject to a civil penalty of two times the monthly rent, plus damages and costs (§ 47-8-33(M)). File this track on documented facts or not at all.

Nonpayment: 3 days, and a tender that bars the action (§ 47-8-33(D)–(E))

If rent is unpaid when due and the resident fails to pay within 3 days after written notice of nonpayment and of the owner's intention to terminate, the owner may terminate and the resident must immediately deliver possession — provided that tender of the full amount due, in the manner stated in the notice, before the 3-day notice expires bars any action for nonpayment of rent. Service is the trap: a nonpayment notice is effective only when hand delivered, mailed, or posted on an exterior door of the dwelling unit (§ 47-8-13(D)); an emailed or slipped-under-the-door notice starts no clock. One post-judgment rider is new to this page: where the resident disputes the amount owed because the resident abated rent under § 47-8-27.2, or because the owner allocated rent paid to damages (the § 47-8-15(G) problem), and the owner prevails, the court enters the writ of restitution conditioned on the resident's right to remedy within 3 days of entry of judgment — satisfy the judgment in those 3 days and the writ is dismissed; fail, and the owner may execute without further order (§ 47-8-33(E)).

The possession action (§§ 47-8-42, 47-8-43, 47-8-46, 47-8-47) and filing fees

After a notice period expires, the owner files a petition for restitution with the clerk of the district or magistrate court, stating the facts with particularity, a reasonably accurate description of the premises, and the requisite compliance with the Act's notice provisions; other causes of action in the same petition are answered and tried separately if either party requests in writing (§ 47-8-42). The summons issues with a copy of the petition attached, and trial of the possession action is set not less than 7 nor more than 10 days after service of summons for an owner's action (3 to 5 days for a resident's action); on good cause the court may continue the hearing up to 7 days from the initial hearing date (§ 47-8-43). Worked example, weekday-verified: summons served Friday, March 6, 2026 puts the trial setting between Friday, March 13, 2026 and Monday, March 16, 2026. On judgment for the owner, the court declares the rental agreement forfeited and issues a writ of restitution directing the sheriff to restore possession on a date not less than 3 nor more than 7 days after entry of judgment (§ 47-8-46(A)) — a judgment entered Monday, March 16, 2026 supports a writ date between Thursday, March 19, 2026 and Monday, March 23, 2026. An appeal by the resident stays execution of the writ only if the resident, within 5 days of filing the notice of appeal, pays the rent that comes due through the end of that rental period to the owner or into escrow, and keeps paying monthly (§ 47-8-47(A)).

On fees, the verified figures are court-specific, and this page states them that way: the Bernalillo County Metropolitan Court — the court of limited jurisdiction (amount in dispute no more than $10,000) that hears Albuquerque possession cases — publishes a $77 civil filing fee on its official fees page, and judicial-district schedules put magistrate-court civil filings at the same $77 figure, while a district-court civil filing is $132. Service costs are extra. The old page's unqualified "$77 filing fee" for every New Mexico eviction has been replaced by this court-by-court statement; confirm the current fee with the clerk of the court where you file.

Self-help is prohibited — with priced remedies (§§ 47-8-36, 47-8-36.1, 47-8-48)

Except in cases of abandonment, surrender, or as otherwise permitted by the Act, an owner (or anyone acting for the owner) may not knowingly exclude or dispossess a resident without a court order by fraud; plugging, changing, adding, or removing a lock or latching device; blocking any entrance; interfering with services or normal and necessary utilities (electricity, gas, hot or cold water, plumbing, heat, telephone service), without thereby assuming a duty to pay the resident's utility charges; removing the resident's personal property; removing or incapacitating appliances or fixtures except for necessary and legitimate repairs; or any willful act rendering the dwelling unit or property in it inaccessible or uninhabitable (§ 47-8-36(A)). Temporary interference while making legitimate repairs or inspections is excepted (§ 47-8-36(B)). A resident subjected to any of it may abate 100% of the rent for each day of denied possession or diminished service, recover the § 47-8-48 remedies — an owner who violates § 47-8-36 is liable for two times the amount of the monthly rent (§ 47-8-48(C)) — seek restitution of the premises or terminate the agreement, and recover damages (§ 47-8-36(C)). There is also no landlord's lien on a dwelling unit covered by the Act; the owner's route to the money is levy and execution on a judgment (§ 47-8-36.1). The old page's one-line "self-help is illegal" is replaced by this priced version because the price is the deterrent: a single lockout day can cost a month's rent in abatement exposure plus a two-months'-rent liability.

Retaliation (§§ 47-8-39, 47-8-40, 47-8-48)

An owner may not retaliate against a resident who is in compliance with the rental agreement and not otherwise in violation of the Act — by increasing rent, decreasing services, or bringing or threatening a possession action — because the resident, within the previous six months:

1. Complained to a government agency charged with enforcing a minimum building or housing code about a violation materially affecting health and safety;

2. Organized or became a member of a residents' union, association, or similar organization;

3. Acted in good faith to exercise rights under the Act, including making a written request or complaint to the owner to make repairs under § 47-8-20;

4. Made a fair-housing complaint to a government agency charged with enforcing rental-housing discrimination law;

5. Prevailed in a lawsuit as plaintiff or defendant, or has a lawsuit pending against the owner, relating to the residency;

6. Testified on behalf of another resident; or

7. Abated rent in accordance with §§ 47-8-27.1 or 47-8-27.2.

A retaliating owner faces the § 47-8-48 remedies — for a § 47-8-39 violation, liability of two times the monthly rent (§ 47-8-48(C)) — and the violation is a defense in any action for possession (§ 47-8-39(B)). Two safe harbors matter (§ 47-8-39(C)): the owner may still increase rent or change services on appropriate notice at the end of the term, or as the agreement provides, if the owner can establish the increase or change is consistent with those imposed on other residents of similar units, is not directed at the particular resident, and is uniform. Separately, § 47-8-40 preserves the owner's possession action where the code violation was caused primarily by the resident's lack of reasonable care, the resident is in default in rent, a material noncompliance independently supports termination, a substantial violation has occurred, or code compliance requires alteration or demolition that would effectively deprive the resident of the unit — without releasing the owner from § 47-8-20 liability. The compliance habit follows from the six-month window: sequence rent and service changes building-wide and on their own documented timelines, never in the weeks after a repair complaint. The old page's bare sentence "Retaliation is prohibited" carried none of this.

Property left behind, extended absence, and casualty (§§ 47-8-34, 47-8-34.1, 47-8-31)

• Property after abandonment (§ 47-8-34.1(A)). Where the agreement terminates by abandonment, the owner stores all personal property left on the premises for not less than 30 days and serves written notice of intent to dispose on a date not less than 30 days from the notice, with a telephone number and address for retrieval; the notice is personally delivered or sent by first class mail to the last known address, with an additional notice to an alternate address on record (work, family member, emergency contact) if the first is undeliverable or the last known address is the vacated unit. The resident may retrieve the property at any time before the disposition date, with reasonable access; only after that date may the owner dispose of it.
• Property after voluntary surrender (§ 47-8-34.1(B)). Storage for a minimum of 14 days from surrender, with reasonable retrieval access; after 14 days the owner may dispose of what remains.
• Property after a writ (§ 47-8-34.1(C)). The owner has no obligation to store property left after 3 days following execution of the writ of restitution, and may then dispose of it in any manner without further notice or liability, unless otherwise agreed.
• Value rules (§ 47-8-34.1(D)–(H)). Property worth less than $100 may be disposed of in any manner. Worth more than $100, the owner may sell it and must mail any proceeds above amounts due, with an itemized statement, to the resident's last known address within 15 days of the sale — or retain it for use, crediting its fair market value against amounts due and mailing any excess with an itemized statement within 15 days of retention. Reasonable storage fees and prevailing moving fees may be charged and required before release; property may not be held for other debts or for judgments on which no writ of execution has been filed.
• Extended absence (§ 47-8-34). The rental agreement addresses notice of absence; an absence in excess of 7 continuous days, after rent is delinquent and without notice to the owner, is the Act's definition of abandonment (§ 47-8-3(A)), and § 47-8-24(D) permits entry as that section allows.
• Fire or casualty (§ 47-8-31). If the unit or premises are damaged or destroyed by fire or casualty so that enjoyment is substantially impaired, the resident may vacate and notify the owner in writing within 7 days of the intention to terminate (the agreement terminates on vacating), or, if continued occupancy is lawful, vacate the unusable part with rent liability reduced in proportion to the diminution in fair rental value. On termination the owner returns the balance of prepaid rent and deposits recoverable under § 47-8-18, accounted for as of the vacating date; a resident remains responsible for damage caused by the resident's negligence.

Discrimination (§ 28-1-7(G) and federal law)

The federal Fair Housing Act applies in New Mexico, and the state Human Rights Act's housing subsection, § 28-1-7(G), makes it an unlawful discriminatory practice to refuse to sell, rent, lease, or negotiate for housing, to discriminate in terms, conditions, privileges, facilities, or services, or to publish or use discriminatory statements, advertisements, or application forms, because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or a condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability, or military status — disability carrying the proviso that it be unrelated to the person's ability to acquire or rent and maintain the particular property. Read the state list on its own terms: against the federal classes it adds ancestry, sexual orientation, gender, gender identity, pregnancy and childbirth, spousal affiliation, and military status, while familial status protection for New Mexico renters comes from the federal Act rather than from § 28-1-7(G)'s text. Source of income is not a statewide class: HB 339 (2025) would have added it (with an invalid-screening-process evidentiary rule) and passed the House 42–24, but it was postponed indefinitely in the Senate and died; Albuquerque landlords should note that the City of Albuquerque protects source of income by municipal ordinance, so a statewide statement is not the whole answer inside the city. Retaliation law adds a related tripwire: a fair-housing complaint is protected activity under § 47-8-39(A)(4). Apply screening criteria uniformly, keep the records, and screen under the SB 267 fee rails above. See our fair housing guide.

What the Legislature has — and has not — done

• Enacted: SB 267 (Laws 2025, ch. 122), effective June 20, 2025. Listing disclosure (§ 47-8-19.1), the $50 screening cap and returns (§ 47-8-19.2), the 90-day single-fee and report-copy rules (§ 47-8-19.3), the 60-day fee-increase notice (§ 47-8-19.4), the late-fee cut from 10% to 5% with the rent-only base (§ 47-8-15(D)), new "applicant" and "screening fee" definitions (§ 47-8-3(D), (T)), the $250 unauthorized-screening-fee remedy (§ 47-8-48(B)), and Unfair Practices Act enforcement by the Attorney General for undisclosed or unagreed fees. If your lease forms, listings, or screening workflow predate June 2025, they predate current law.
• Not enacted: SB 216 (2025). A bill to repeal the § 47-8A-1 rent-control prohibition was postponed indefinitely; the prohibition stands, and no New Mexico locality may enact rent control on privately owned property.
• Not enacted: HB 339 (2025). Source-of-income protection passed the House and died in the Senate; § 28-1-7 remains as stated in the discrimination section.
• No verified 2026 enactment amending the sections covered in this guide was found in the official and mirror sources read for this verification; the operative recent change is the 2025 package above. Check the Legislature's chaptered laws each session — in a state where the 5% late-fee cap and the screening rules arrived in a single bill, the next amendment will also arrive as a package.

The New Mexico compliance checklist

1. Classify the tenancy and the premises first. Fixed term, month-to-month, or week-to-week decides the termination fuse (§ 47-8-37); the § 47-8-9 exemptions (institutional, contract-of-sale, fraternal or social, transient hotel or motel, conditional employee, primarily agricultural) decide whether the Act reaches the tenancy at all.

2. Advertise all-in and screen inside the $50 rails. Every listing states base rent plus every fee, itemized (§ 47-8-19.1). Screening: written or digital fee notice and agreement, receipt, no fee on an unavailable unit, no other processing fees, one fee per applicant per 90 days across your properties, a copy of the reports to the applicant, and returns within 30 calendar days when § 47-8-19.2(B) requires them (§§ 47-8-19.2, 47-8-19.3).

3. Paper the start of the tenancy. Written rental agreement provided before occupancy (§ 47-8-20(G)); the § 47-8-19 written disclosure of the manager's and owner's name, address, and telephone number, kept current; no waiver of Act rights (§ 47-8-16); the federal lead-based paint disclosure for pre-1978 housing.

4. Cap and ledger the deposit by term. Under one year: never demand or receive more than one month's rent. Annual: reasonable, with the (A)(1) passbook-interest duty diarized the moment the deposit exceeds one month's rent. Keep prepaid last month's rent in its own bucket (§ 47-8-18(A)–(B)).

5. Price fees at current law, not at your old forms. Late fee only if the agreement provides for one, no more than 5% of rent alone per rental period in default, with notice by the last day of the next rental period (§ 47-8-15(D)). Rent increases on 30 days' written notice; fee increases on 60 days' (§§ 47-8-15(F), 47-8-19.4). Never allocate a rent payment to deposits or damages without a written agreement (§ 47-8-15(G)).

6. Log every written repair notice the day it arrives. You have 7 days to remedy before termination exposure under § 47-8-27.1 and abatement accruing from the notice date under § 47-8-27.2 — one-third of daily rent per day, 100% if the unit is uninhabitable and vacated. There is no repair-and-deduct remedy to argue about; there is only the clock.

7. Enter on 24 hours' written notice — intent, purpose, date, and a reasonable time-frame estimate — or inside the § 47-8-24(A)(2) exceptions (resident-requested work within 7 days of the request; officials and utility representatives), emergencies aside. Log every entry.

8. Serve notices the way § 47-8-13 counts them. Nonpayment: hand delivery, mail, or posting on an exterior door only. Everything else: posting plus first-class mailing or hand delivery, with the posting date in the notice. Breach notices carry dates and specific facts, the first breach notice carries the six-month second-breach warning and goes out within 30 days of the breach, and relief in court is limited to the grounds the notice stated (§§ 47-8-13, 47-8-33(C), (G)).

9. Never self-help. No lock changes, blocked doors, utility interference, or property removal without a court order; the exposure is 100% daily abatement plus liability of two times the monthly rent (§§ 47-8-36, 47-8-48(C)). Left-behind property follows § 47-8-34.1's 30-day / 14-day / 3-day storage tracks, not the curb.

10. Close the tenancy on the 30-day deposit clock. Itemized list and balance within 30 days of the later of termination or departure, mailed to the last known address — because a miss forfeits the withholding, the counterclaim, and the independent damage action, adds the resident's costs and fees, and bad faith adds $250 (§ 47-8-18(C)–(E)). Sequence any non-renewal or rent change outside § 47-8-39's six-month retaliation window, on uniform, documented terms.

The bottom line

New Mexico is a statute-precision state wearing a landlord-friendly reputation. The fuses are short — 3 days for nonpayment and substantial violations, 7 days to cure a first breach, trial 7 to 10 days after service, a writ 3 to 7 days after judgment — and there is no just-cause overlay and no rent control, state or (by prohibition) local. But the paperwork duties are exact and priced: a deposit capped by term with a forfeiture package that takes your damage action with it, a $250 bad-faith penalty, an all-in listing rule, a $50 screening cap with mandatory returns, a 5% rent-only late fee that changed in 2025, a 60-day fee-increase notice, service rules that decide whether your notice ever started a clock, and two-times-rent liability for self-help and retaliation. Owners who run the clocks and the paper the way the Act writes them will find New Mexico fast and workable; owners working from pre-2025 forms will find SB 267 waiting in the fee sections.

FAQ

What is the security deposit cap in New Mexico?

It depends on the term. For a rental agreement of less than one year, an owner shall not demand or receive a deposit in excess of one month's rent (§ 47-8-18(A)(2)). For an annual agreement the deposit must be reasonable and has no stated dollar ceiling, but if it exceeds one month's rent the owner must pay the resident interest annually at the passbook rate permitted to savings and loan associations in New Mexico by the Federal Home Loan Bank Board, on such deposit (§ 47-8-18(A)(1)). Prepaid last month's rent is outside the deposit section (§ 47-8-18(B)). See our New Mexico security deposit law guide for the full deposit treatment. For a tenancy of less than one year, check a planned deposit against New Mexico's one-month cap with the Security Deposit Max Checker, which returns a compliant or over-the-limit verdict for the amount and state you enter.

How long does a New Mexico landlord have to return a security deposit?

Within 30 days of termination of the rental agreement or resident departure, whichever is later, the owner must provide an itemized written list of deductions and the balance of the deposit, if any; mailing the statement and payment to the resident's last known address is deemed compliance (§ 47-8-18(C)). Missing the written statement and balance within 30 days of termination of the tenancy forfeits the right to withhold any portion of the deposit, the right to counterclaim, and the right to an independent damage action, and makes the owner liable for the resident's court costs and reasonable attorney's fees (§ 47-8-18(D)); bad-faith retention adds a $250 civil penalty (§ 47-8-18(E)).

What is the late fee cap in New Mexico?

Five percent of the rent for each rental period in default — and only if the rental agreement provides for a late fee. Section 47-8-15(D), as amended by SB 267 (Laws 2025, ch. 122, effective June 20, 2025), cut the cap from 10% and requires that late fees be calculated only on rent, never on deposits, additional fees, or utilities. The owner must give notice of the late fee charged no later than the last day of the next rental period after the default. There is no statutory grace period.

How much notice is required for a rent increase or a fee increase in New Mexico?

For rent: written notice at least 30 days before the periodic rental date on a month-to-month tenancy, at least 30 days before the end of the term on a fixed-term tenancy, and one rental period ahead for periodic tenancies shorter than a month (§ 47-8-15(F)). For fees charged under the rental agreement: written notice at least 60 days ahead on the same anchors (one rental period for sub-monthly tenancies) (§ 47-8-19.4). No statute caps the size of a rent increase, and § 47-8A-1 prohibits local rent control on privately owned property.

Does New Mexico require just cause to end a tenancy?

No. Either party may terminate a month-to-month residency on 30 days' written notice before the periodic rental date specified in the notice, and a week-to-week residency on 7 days' written notice, without stating a reason (§ 47-8-37(A)–(B)). Cause is required to end a fixed term early, through the § 47-8-33 breach tracks, and a no-cause termination is still unlawful if it is retaliatory under § 47-8-39 (protected activity within the previous six months) or discriminatory under § 28-1-7.

What notice is required for nonpayment of rent in New Mexico?

Three days. If rent is unpaid when due and the resident fails to pay within 3 days after written notice of nonpayment and of the owner's intention to terminate, the owner may terminate the agreement (§ 47-8-33(D)). Tender of the full amount due, in the manner stated in the notice, before the 3 days expire bars any action for nonpayment. The notice is effective only when hand delivered, mailed, or posted on an exterior door of the dwelling unit (§ 47-8-13(D)).

What happens after a first lease violation in New Mexico?

The owner delivers a written notice specifying the acts and omissions constituting the breach, including dates and specific facts, stating the agreement will terminate on a date not less than 7 days after receipt if the breach is not remedied in 7 days (§ 47-8-33(A)). The notice must also warn that a second material noncompliance within six months will terminate the agreement, and it must be given within 30 days of the breach or knowledge of it (§ 47-8-33(C)). On a second material noncompliance within six months, a second 7-day notice terminates with no cure right (§ 47-8-33(B)); a breach more than six months later counts as a new initial breach. If the last remedy day falls on a weekend or federal holiday, the period extends to the next business day that is neither (§ 47-8-33(H)).

What is a substantial violation in New Mexico, and what notice does it get?

A substantial violation gets a 3-day written notice specifying the time, place, and nature of the act (§ 47-8-33(I)). The definition is closed — § 47-8-3(V) lists the sole grounds: controlled-substance possession, use, sale, distribution, or manufacture (excluding misdemeanor possession and use); unlawful use of a deadly weapon; unlawful action causing serious physical harm; sexual assault or molestation; entry into another's dwelling unit or vehicle without permission with intent to commit theft or assault; theft or attempted theft by force or threat of force; and intentional or reckless property damage in excess of $1,000 — in the unit, on the premises, or within 300 feet of the premises. Defenses include domestic-violence victim status, lack of knowledge or ability to prevent another person's act, and reasonable lawful self-defense (§ 47-8-33(J)–(L)); a frivolous or bad-faith substantial-violation action exposes the petitioner to a penalty of two times the monthly rent plus damages and costs (§ 47-8-33(M)).

How fast is an eviction case heard in New Mexico, and what does filing cost?

The timeline is statutory: after the owner files a petition for restitution (§ 47-8-42), trial of the possession action is set not less than 7 nor more than 10 days after service of summons, with a continuance of up to 7 days for good cause (§ 47-8-43). On judgment for the owner, the writ of restitution restores possession on a date not less than 3 nor more than 7 days after entry of judgment (§ 47-8-46(A)). Filing fees are court-specific: the Bernalillo County Metropolitan Court publishes a $77 civil filing fee, magistrate-court civil filings are at the same figure in judicial-district fee schedules, and a district-court civil filing is $132 — confirm the current fee and service costs with the clerk where you file. To run these same dates for your own case — the petition for restitution under § 47-8-42, trial set not less than 7 nor more than 10 days after service of summons under § 47-8-43, and the writ of restitution restoring possession not less than 3 nor more than 7 days after entry of judgment under § 47-8-46(A) — use the Eviction Timeline Calculator.

Can a New Mexico tenant repair and deduct, or abate rent?

There is no repair-and-deduct remedy in the Act. The resident's remedies for an owner's § 47-8-20 breach are termination on 7 days' notice if a reasonable remedy attempt is not made (§ 47-8-27.1(A)(1)), damages and injunctive relief (§ 47-8-27.1(C)), and rent abatement under § 47-8-27.2: if a condition in the resident's written notice is not remedied within 7 days, the resident abates one-third of the pro-rata daily rent for each day from the date the owner was notified until the condition is remedied, or 100% of the rent for each day the dwelling is uninhabitable and the resident does not inhabit it. Abatement never applies to a mere amenity failure (§ 47-8-27.2(E)).

How much notice must a New Mexico landlord give before entering?

Twenty-four hours' written notification of the intent to enter, the purpose for entry, and the date and a reasonable estimate of the time frame, unless otherwise agreed (§ 47-8-24(A)(1)). The notice rule does not apply to repairs or services performed within 7 days of the resident's request, or to entry accompanied by a public official conducting an inspection or a utility or cable company representative (§ 47-8-24(A)(2)); emergency entry needs no consent (§ 47-8-24(B)). Where the resident proposes reasonable alternate times and accommodation is practicable without economic detriment, the owner must attempt to accommodate (§ 47-8-24(A)(3)). Unlawful or harassing entry exposes the owner to injunctive relief or termination at the resident's election, plus damages and, under § 47-8-38(B), attorney's fees and costs.

What screening fees can a New Mexico landlord charge?

At most $50, only to cover a consumer credit report, reference check, or screening service — with written or digital notice and the applicant's written agreement, a receipt, no fee when no unit is available, a hold on charging or depositing until prior applicants are resolved, and no other application-processing fees (§ 47-8-19.2(A)). The fee must be returned within 30 calendar days if a prior applicant takes the unit or the owner never runs the screening (§ 47-8-19.2(B)); the same applicant cannot be charged again if screening was completed within 90 calendar days for any property under the same ownership, and must receive a copy of screening reports (§ 47-8-19.3). An unauthorized screening fee carries $250 liability plus return of all fees paid (§ 47-8-48(B)), and listings must disclose base rent and all fees in plain language (§ 47-8-19.1).

Primary sources

All sources were read for this verification in the statute text published by the New Mexico Legislature or in the mirrors and official pages noted; every URL below returned HTTP 200 on the verification date.

• NMSA § 47-8-18 — Deposits (Justia, 2025 New Mexico Statutes) — the term-based cap and passbook interest at (A), the prepaid-rent rule at (B), deductions and the 30-day itemized return at (C), the forfeiture package at (D), and the $250 bad-faith penalty at (E).
• NMSA § 47-8-15 — Payment of rent (Justia, 2025 New Mexico Statutes) — rent timing at (A)–(C), the 5% rent-only late fee and its notice deadline at (D) as amended by Laws 2025, ch. 122, the guest rule at (E), the 30-day rent-increase notice at (F), and the allocation bar at (G).
• NMSA § 47-8-33 — Breach of agreement by resident and relief by owner (Justia, 2025 New Mexico Statutes) — the 7-day cure track at (A), the second-breach track at (B), the warning and 30-day effectiveness riders at (C), the 3-day nonpayment track and tender bar at (D), the post-judgment 3-day remedy at (E), the notice-grounds limit at (G), the weekend extension at (H), and the substantial-violation track, defenses, and bad-faith penalty at (I)–(M).
• NMSA § 47-8-3 — Definitions (Justia, 2025 New Mexico Statutes) — abandonment at (A), amenity at (C), applicant at (D), deposit at (F), normal wear and tear at (K), screening fee at (T), and the closed substantial-violation list at (V).
• NMSA § 47-8-37 — Notice of termination and damages (Justia, 2025 New Mexico Statutes) — the 7-day week-to-week and 30-day month-to-month termination notices and the willful-holdover damages rule.
• NMSA § 47-8-24 — Right of entry (Justia, 2025 New Mexico Statutes) — the 24-hour written notice with purpose and time frame at (A)(1), the resident-request and official/utility exceptions at (A)(2), accommodation at (A)(3), emergency entry at (B), and the two-way remedies at (E)–(F).
• NMSA § 47-8-27.1 — Breach of agreement by owner and relief by resident (Justia, 2025 New Mexico Statutes) — the 7-day termination track, the causation and beyond-control limits, the election-of-remedies rule, and damages and injunctive relief.
• NMSA § 47-8-27.2 — Abatement (Justia, 2025 New Mexico Statutes) — the one-third and 100% fractions measured from the notice date, the subsidized-rent rule, equitable abatement, and the amenity exclusion.
• NMSA § 47-8-39 — Owner retaliation prohibited (Justia, 2025 New Mexico Statutes) — the seven protected acts within the previous six months, the possession-action defense, and the uniform-increase safe harbor; read with § 47-8-48(C) (liability of two times the monthly rent for § 47-8-36 and § 47-8-39 violations).
• NMSA § 47-8-43 — Issuance of summons (Justia, 2025 New Mexico Statutes) — the 7-to-10-day trial setting for an owner's possession action, the 3-to-5-day setting for a resident's action, and the good-cause continuance; read with § 47-8-42 (petition for restitution) and § 47-8-46 (writ 3 to 7 days after judgment).
• NMSA § 47-8-19.2 — Dwelling unit applicant screening fee; prohibited fees (Justia, 2025 New Mexico Statutes) — the $50 cap and its five conditions, and the 30-day return duty; read with § 47-8-19.1 (listing disclosure), § 47-8-19.3 (90-day single fee; report copies), and § 47-8-19.4 (60-day fee-increase notice).
• SB 267, 57th Legislature, First Session 2025 (New Mexico Legislature, official bill text) — the enacted package (Laws 2025, ch. 122, effective June 20, 2025): listing disclosure, screening-fee and background-check sections, the 60-day fee-change notice, the § 47-8-15 late-fee amendment, the § 47-8-48 private-enforcement amendment, and the Unfair Practices Act enforcement section.
• NMSA § 28-1-7 — Unlawful discriminatory practice (Justia, 2025 New Mexico Statutes) — the housing practices and protected-class list at subsection (G), stated verbatim in the discrimination section.
• NMSA § 47-8A-1 — Rent control prohibition (Justia, 2025 New Mexico Statutes) — the bar on political-subdivision and home-rule rent control for privately owned property, and its government-property and subsidized-housing exceptions.
• Uniform Owner-Resident Relations Act, full text (Apartment Association of New Mexico) — the full Act as a single document, used to cross-check the section-by-section mirrors above (§§ 47-8-9, 47-8-13, 47-8-19 to 47-8-22, 47-8-31, 47-8-34.1, 47-8-36, 47-8-40, 47-8-47, 47-8-48).
• Fees, Costs and Filing (Bernalillo County Metropolitan Court, New Mexico Courts) — the court's published $77 civil filing fee and its $10,000 limited-jurisdiction statement, relied on for the qualified filing-fee statement in the possession section.

More landlord-tenant law guides

• Landlord-tenant law by state
• New Jersey landlord-tenant law
• New York landlord-tenant law
• New Hampshire landlord-tenant law
• North Carolina landlord-tenant law

This is general information, not legal advice. Consult a New Mexico landlord-tenant attorney for specific situations.