As of 2024 and continuing into 2025, New Mexico’s approach to rent increases remains firmly rooted in landlord flexibility, with a strong emphasis on notice requirements and protections against discrimination, but without any statewide rent control or caps on how much landlords can raise rent. Tenants in New Mexico should be aware of several key aspects of these laws to safeguard their rights and plan for potential changes in their housing costs.
New Mexico law does not impose any limits on the amount by which landlords can increase rent. This means that, in theory, a landlord could raise rent by any amount they choose, provided they follow the proper legal procedures and do not violate the terms of the lease or fair housing laws. This lack of rent control is a result of state law that explicitly prohibits cities and counties from enacting their own rent control measures, meaning no local government in New Mexico can set limits on rent increases or stabilize rents for private residential housing. This statewide preemption has been in place since 1991 and remains a point of debate between tenant advocates, who argue it leads to displacement and housing instability, and landlords, who maintain that it allows the market to function freely.
Despite the absence of rent caps, New Mexico law does require landlords to provide tenants with proper written notice before increasing rent. For most residential tenancies, including month-to-month agreements, landlords must give at least 30 days’ written notice before a rent increase takes effect. However, if the proposed rent increase is more than 10% of the current monthly rent, some sources indicate that landlords may be required to provide a longer notice period—typically 60 days—though most state guidance emphasizes the 30-day minimum unless the lease specifies otherwise. Tenants should always review their lease agreements for any additional requirements or protections, as lease terms are legally binding and may include specific notice periods or conditions for rent increases.
Rent increases can only take effect at the end of a lease term or, in the case of month-to-month agreements, after the required notice period has been given. Landlords cannot raise rent in the middle of a fixed-term lease unless the lease explicitly allows for such an increase. This ensures that tenants have stability and predictability in their housing costs for the duration of their lease. Upon lease renewal, landlords can propose new rent terms, and tenants have the right to accept these terms or to seek alternative housing if the new rent is unaffordable.
New Mexico law also protects tenants from discriminatory or retaliatory rent increases. Landlords cannot raise rent based on a tenant’s membership in a protected class, such as race, religion, gender, national origin, or other factors covered by federal and state fair housing laws. Similarly, landlords cannot increase rent in retaliation for a tenant exercising their legal rights, such as requesting repairs or reporting housing code violations. If a tenant believes a rent increase is discriminatory or retaliatory, they may have grounds to challenge the increase and should consider seeking legal advice or contacting the U.S. Department of Housing and Urban Development (HUD) for assistance.
In the absence of rent control, tenants facing large or frequent rent increases may feel pressured to move, a situation sometimes referred to as constructive eviction. While New Mexico law does not specifically address constructive eviction in the context of rent increases, tenants who believe a rent hike is intended to force them out without a formal eviction process may have legal recourse, though this is a complex area and typically requires professional legal assistance.
Tenants in New Mexico should be aware that while there are no legal caps on rent increases, landlords must provide proper written notice—usually 30 days, but sometimes more for larger increases—and cannot raise rent in a discriminatory or retaliatory manner. Rent increases can only occur at the end of a lease term or after the required notice period for month-to-month agreements. By understanding these rules and reviewing their lease agreements carefully, tenants can better protect their rights and prepare for potential changes in their housing costs.
Sources
[1] https://www.hemlane.com/resources/new-mexico-rent-control-laws/
[2] https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-new-mexico
[3] https://innago.com/new-mexico-landlord-tenant-laws/
[4] https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
[5] https://law.justia.com/codes/new-mexico/chapter-47/article-10/section-47-10-19/
