In 2025, New Mexico does not have statewide rent control laws or statutory caps on how much a landlord can raise rent, giving landlords significant flexibility to increase rental rates. However, there are specific procedural protections and requirements for tenants which every resident should know.
For fixed-term leases, a landlord cannot raise rent during the term unless the lease itself allows for an increase. Rent can only be raised once the lease expires or is renewed—never in the middle of a fixed-period lease unless written into the agreement. For month-to-month rental agreements, New Mexico law requires landlords to provide written advance notice: at least 30 days prior to any rent increase. If the proposed rent increase is greater than 10%, tenants must be given 60 days’ written notice before the higher rate takes effect. These notice periods are designed to allow tenants time to make arrangements in response to rent hikes, whether that means budgeting for a higher rent or seeking new housing.
Local governments in New Mexico are prohibited from enacting their own rent control ordinances due to statewide preemption rules. This means neither cities nor counties can set their own limits on how much rent may be raised—landlords, therefore, aren’t restricted outside of notice rules.
It’s illegal for landlords to use rent increases as a form of discrimination or retaliation. Rent hikes must comply with the Fair Housing Act, meaning landlords cannot selectively increase rent based on protected characteristics like race, religion, family status, disability, or national origin. If a rent increase can be shown to be retaliatory—for example, because a tenant complained about repairs or exercised other legal rights—it can be contested in court.
New Mexico recently passed new legislation, “Senate Bill 267,” that requires landlords to disclose all rental fees and provide notification of fee changes during tenancy. This adds a transparency requirement but does not introduce rent caps. The written notice must clearly list any anticipated increases and effective dates.
Tenants should always review their lease agreements for specific terms on rent increases and verify compliance with these laws. If they believe an increase violates the regulations, they should contact local legal resources for support.
- No rent caps or statewide rent control policies in New Mexico.
- Landlords must provide written notice: 30 days for increases ≤10%, 60 days for those >10%.
- Increases cannot be made mid-lease unless the lease allows.
- Rent hikes must be neither discriminatory nor retaliatory.
- New 2025 law mandates disclosure of all rental fees and transparency about fee changes during tenancy.
Sources
[1] https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-new-mexico
[2] https://www.hemlane.com/resources/new-mexico-rent-control-laws/
[3] https://nlihc.org/resource/new-mexico-passes-legislation-disclose-and-limit-certain-rental-fees-including-tenant
[4] https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
[5] https://www.doorloop.com/laws/new-mexico-landlord-tenant-rights
