How much can a landlord charge for a late rent fee in New Mexico?
In New Mexico, a late fee may not exceed 5% of the rent for each rental period the tenant is in default. The limit was cut from 10% to 5% by Laws 2025, chapter 122 (SB 267), effective 20 June 2025. A late fee is calculated on the rent alone — not deposits, other fees or utilities — and must be notified by the end of the next rental period. This is N.M. Stat. § 47-8-15.
| What | New Mexico |
|---|---|
| Maximum late fee | 5% of the rent for each rental period the tenant is in default |
Notes
The limit was cut from 10% to 5% by Laws 2025, chapter 122 (SB 267), effective 20 June 2025. A late fee is calculated on the rent alone — not deposits, other fees or utilities — and must be notified by the end of the next rental period.
Source
N.M. Stat. § 47-8-15
Read the statute in the New Mexico Statutes (New Mexico Compilation Commission): nmonesource.com.
The linked sections open Justia’s free copy of the code, because the state’s own site has no stable address for each section.
Checked against the statute on September 11, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.
Guides on this rule
- Reducing Late Rent with Autopay and Automated Reminders — How AutoPay, scheduled reminders and a clear, lawful late-fee policy work together to cut late and missed rent payments.
Compare this rule in every state
More New Mexico rules
- Does a landlord have to pay interest on a security deposit in New Mexico?
- How long does a landlord have to return a security deposit in New Mexico?
- How much can a landlord charge for a security deposit in New Mexico?
- How many days does a tenant get to pay late rent in New Mexico?
- How much notice does a landlord have to give before entering in New Mexico?
- How much notice does a landlord have to give before raising the rent in New Mexico?
- How much notice must a landlord give to end a tenancy in New Mexico?
- Is there rent control in New Mexico?
- Can a landlord retaliate against a tenant for complaining in New Mexico?
- Do contractors charge sales tax in New Mexico?
- Is a capital improvement exempt from sales tax in New Mexico?
- Is appliance repair taxable in New Mexico?
- Is contractor labor taxable in New Mexico?
- Every New Mexico rule on one page
The same question in other states
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Iowa
- Maine
- Maryland
- Minnesota
- Nevada
- New York
- North Carolina