- No Rent Control: New Mexico does not have statewide rent control laws. Landlords can set and increase rent as they see fit, and there is no legal cap on the amount of a rent increase.
- Local Laws: Local governments in New Mexico are also prohibited from enacting their own rent control ordinances.
Notice Requirements for Rent Increases
- Less Than 10% Increase: Landlords must provide at least 30 days’ written notice before increasing rent by less than 10%.
- 10% or Greater Increase: For rent increases of 10% or more, landlords must provide 60 days’ written notice before the increase takes effect.
- Fixed-Term Leases: Rent cannot be increased during the term of a fixed lease unless the lease specifically allows it. Increases generally occur at lease renewal.
- Month-to-Month Tenancies: The same notice periods (30 or 60 days) apply for month-to-month rentals.
Legal Protections for Tenants
- No Discrimination or Retaliation: Rent increases cannot be used to discriminate against tenants based on race, religion, gender, national origin, or other protected classes, nor can they be used as retaliation for tenants exercising their legal rights.
- Transparency on Fees: As of 2025, landlords must clearly disclose all rental fees and provide itemized lists of any changes to fees during tenancy. Tenants must be notified of any impending rental fee increases or changes.
- Habitability and Repairs: Tenants can withhold rent if landlords fail to maintain habitable conditions, but must follow legal procedures to do so.
Security Deposits and Other Fees
- Security Deposits: Must be returned within 30 days of move-out, minus allowable deductions, with an itemized statement.
- Fee Disclosure: New legislation requires landlords to disclose all fees up front and notify tenants of any changes during the lease.
Table: Rent Increase Rules in New Mexico (2025)
| Increase Amount | Notice Required | When Allowed |
|---|---|---|
| Less than 10% | 30 days’ written notice | At lease renewal or end of lease term |
| 10% or more | 60 days’ written notice | At lease renewal or end of lease term |
Key Takeaways
- No cap on rent increases, but strict notice requirements apply.
- 30 days’ notice for increases under 10%; 60 days’ notice for 10% or more.
- No rent increases during a fixed-term lease unless the lease allows it.
- Rent increases must not be discriminatory or retaliatory.
- All fees must be disclosed and tenants notified of any changes during tenancy.
If you believe your landlord has violated these rules, you may contact New Mexico Legal Aid or the U.S. Department of Housing and Urban Development for assistance. Always review your lease and keep written records of all communications regarding rent changes.
Sources
[1] https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
[2] https://innago.com/new-mexico-landlord-tenant-laws/
[3] https://nlihc.org/resource/new-mexico-passes-legislation-disclose-and-limit-certain-rental-fees-including-tenant
[4] https://www.hemlane.com/resources/new-mexico-rent-control-laws/
[5] https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-new-mexico
