New Mexico Landlord-Tenant Law (2026)
Notice periods, deposit caps, entry rules, and required disclosures for residential rentals in New Mexico. Every rule links to the official state statute.
Reference only, not legal advice. State laws change. Confirm with the official New Mexico statute or a licensed attorney before you serve notice or file a case.
Quick summary
Notice periods
- Nonpayment of rent
- 3 days
- Cure lease violation
- 7 days
- Notice to quit (month-to-month)
- 30 days
Security deposit
- Statutory cap
- 1 month of rent
- Return deadline after move-out
- 30 days
Landlord entry notice
24 hours advance notice
Required disclosures
- Lead paint (pre-1978)
- Owner identity
Market rules
- Rent control
- None
- Small claims limit
- $10,000
Official state statute
Always confirm current law with the source before serving notice.
https://law.justia.com/codes/new-mexico/2021/chapter-47/article-8/New Mexico landlord FAQ
How many days notice do I give a tenant for unpaid rent in New Mexico?
New Mexico requires a 3-day notice to the tenant before you can file for eviction for unpaid rent. The notice must comply with the form and delivery rules in the state statute.
What is the maximum security deposit in New Mexico?
New Mexico caps security deposits at 1 month of rent. Charging more than this is a violation of state law.
How many days do I have to return a security deposit in New Mexico?
New Mexico requires landlords to return the security deposit within 30 days after the tenant vacates. An itemized list of any deductions must accompany the refund.
How much notice must I give before entering a rental unit in New Mexico?
New Mexico requires 24 hours advance notice before a landlord enters a rental unit for a non-emergency reason.
Does New Mexico have rent control?
New Mexico does not have rent control at the state or local level.
Is New Mexico landlord-friendly or tenant-friendly?
New Mexico is classified Balanced. This is based on notice periods, deposit caps, eviction timelines, and tenant protection rules relative to other states. Use it as a general read, not a ranking.
What disclosures am I required to give tenants in New Mexico?
New Mexico requires: Lead paint (pre-1978), Owner identity. Some states add local disclosures by city. Always check the state statute for the current list.
What is the small claims court limit in New Mexico?
New Mexico small claims court hears cases up to $10,000. Most landlord-tenant disputes over deposits, damages, or unpaid rent fit within this limit.
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