New Mexico landlord and tenant rules

Seayora publishes 14 New Mexico rules, covering security deposits, notice periods, late fees, rent regulation, tenant protections, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

New Mexico at a glance

RuleNew Mexico
Does a landlord have to pay interest on a security deposit in New Mexico?Interest at the passbook rate on deposits over one month's rent for leases of a year or more.
How long does a landlord have to return a security deposit in New Mexico?30 days
How much can a landlord charge for a security deposit in New Mexico?1 month of rent
How many days does a tenant get to pay late rent in New Mexico?3 days to pay
How much notice does a landlord have to give before entering in New Mexico?24 hours
How much notice does a landlord have to give before raising the rent in New Mexico?30 days
How much notice must a landlord give to end a tenancy in New Mexico?30 days
How much can a landlord charge for a late rent fee in New Mexico?5% of the rent for each rental period the tenant is in default
Is there rent control in New Mexico?Prohibited by state law
Can a landlord retaliate against a tenant for complaining in New Mexico?Protected for 6 months
Do contractors charge sales tax in New Mexico?Gross receipts (Gross Receipts Tax)
Is a capital improvement exempt from sales tax in New Mexico?Not exempt
Is appliance repair taxable in New Mexico?Taxable, with the parts
Is contractor labor taxable in New Mexico?Taxable — residential and commercial

Security deposits in New Mexico

Does a landlord have to pay interest on a security deposit in New Mexico?

Yes. New Mexico requires a landlord to pay the tenant interest on a security deposit. Interest at the passbook rate on deposits over one month's rent for leases of a year or more. The deposit itself must be returned within 30 days of the end of the tenancy. This is N.M. Stat. § 47-8-18.

Full answer and the checkable figures.

How long does a landlord have to return a security deposit in New Mexico?

In New Mexico, a landlord has 30 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. New Mexico also requires interest to be paid on the deposit: Interest at the passbook rate on deposits over one month's rent for leases of a year or more. This is N.M. Stat. § 47-8-18.

Full answer and the checkable figures.

How much can a landlord charge for a security deposit in New Mexico?

In New Mexico, a security deposit is capped at 1 month of rent. One month's rent on leases under a year. This is N.M. Stat. § 47-8-18.

Full answer and the checkable figures.

Notice periods in New Mexico

How many days does a tenant get to pay late rent in New Mexico?

In New Mexico, before starting a nonpayment case a landlord must serve a written notice giving the tenant 3 days to pay the rent due. This is N.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D).

Rent on a month-to-month residency may be raised with written notice at least 30 days before the periodic rental date. Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in it. Entry: 24 hours' WRITTEN notice stating the purpose, the date and a reasonable time frame, unless otherwise agreed or for repairs the resident asked for within the last seven days. Nonpayment: three days after written notice to pay.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in New Mexico?

In New Mexico, a landlord must give 24 hours notice before entering an occupied rental, other than in an emergency. This is N.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D).

Rent on a month-to-month residency may be raised with written notice at least 30 days before the periodic rental date. Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in it. Entry: 24 hours' WRITTEN notice stating the purpose, the date and a reasonable time frame, unless otherwise agreed or for repairs the resident asked for within the last seven days. Nonpayment: three days after written notice to pay.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in New Mexico?

In New Mexico, a landlord must give 30 days written notice before raising the rent. This is N.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D).

Rent on a month-to-month residency may be raised with written notice at least 30 days before the periodic rental date. Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in it. Entry: 24 hours' WRITTEN notice stating the purpose, the date and a reasonable time frame, unless otherwise agreed or for repairs the resident asked for within the last seven days. Nonpayment: three days after written notice to pay.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in New Mexico?

In New Mexico, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is N.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D).

Rent on a month-to-month residency may be raised with written notice at least 30 days before the periodic rental date. Either party may end a month-to-month residency with written notice at least 30 days before the periodic rental date named in it. Entry: 24 hours' WRITTEN notice stating the purpose, the date and a reasonable time frame, unless otherwise agreed or for repairs the resident asked for within the last seven days. Nonpayment: three days after written notice to pay.

Full answer and the checkable figures.

Late fees in New Mexico

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.

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.

Full answer and the checkable figures.

Rent regulation in New Mexico

Is there rent control in New Mexico?

No. New Mexico has no statewide rent control, and its cities and counties cannot simply adopt their own: no county or municipality, including a home rule municipality, may enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property. Property that receives government funding to provide reduced rents to low- or moderate-income tenants is excluded. This is N.M. Stat. § 47-8A-1.

Full answer and the checkable figures.

Tenant protections in New Mexico

Can a landlord retaliate against a tenant for complaining in New Mexico?

No. In New Mexico, an owner may not raise the rent, cut services, or bring or threaten an eviction against a resident who is in compliance with the rental agreement because within the previous six months the resident complained to a code agency, made a fair housing complaint, joined a tenant organization, or exercised rights under the Owner-Resident Relations Act. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is N.M. Stat. § 47-8-39.

Full answer and the checkable figures.

Contractor sales tax in New Mexico

Do contractors charge sales tax in New Mexico?

New Mexico does not run an ordinary sales tax on contractors. It taxes the contractor's own GROSS RECEIPTS, and the charge is called Gross Receipts Tax. It is a tax on the business, not a tax collected from the customer, so it applies to the whole job — including amounts a contractor recharges "at cost", such as a permit fee. New Mexico also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: NMSA 1978 §7-9-4 (gross receipts tax on receipts from performing services and selling property in New Mexico).

GRT is levied on the CONTRACTOR's receipts and is customarily passed through as a separate line. Construction services and construction materials can be deducted by the buyer under §7-9-52 with a Type 6 NTTC — the certificate is what makes it deductible, not the nature of the work.

Full answer and the checkable figures.

Is a capital improvement exempt from sales tax in New Mexico?

No. New Mexico does not exempt capital improvements to real property the way most states do, because it taxes the contractor's gross receipts rather than running a sales tax on the customer. Work that would be exempt elsewhere is taxable here. A capital improvement is a permanent addition that becomes part of the property; a repair restores something to working order and is treated differently. Source: NMSA 1978 §7-9-4 (gross receipts tax on receipts from performing services and selling property in New Mexico).

GRT is levied on the CONTRACTOR's receipts and is customarily passed through as a separate line. Construction services and construction materials can be deducted by the buyer under §7-9-52 with a Type 6 NTTC — the certificate is what makes it deductible, not the nature of the work.

Full answer and the checkable figures.

Is appliance repair taxable in New Mexico?

Yes. New Mexico taxes the LABOR on repairs to tangible personal property — an appliance, a boiler or a unit that never becomes part of the building — as well as the parts. This is a different question from work on the real property itself: the same technician on the same visit can be doing taxable work on an appliance and differently treated work on the structure, and the invoice has to tell them apart. Source: NMSA 1978 §7-9-4 (gross receipts tax on receipts from performing services and selling property in New Mexico).

GRT is levied on the CONTRACTOR's receipts and is customarily passed through as a separate line. Construction services and construction materials can be deducted by the buyer under §7-9-52 with a Type 6 NTTC — the certificate is what makes it deductible, not the nature of the work.

Full answer and the checkable figures.

Is contractor labor taxable in New Mexico?

Yes. New Mexico taxes the LABOR on repair and maintenance work to real property, on both residential and commercial jobs. Repair and maintenance is not the same thing as a capital improvement — the classification of the job is what decides the tax, not the wording on the invoice. Source: NMSA 1978 §7-9-4 (gross receipts tax on receipts from performing services and selling property in New Mexico).

GRT is levied on the CONTRACTOR's receipts and is customarily passed through as a separate line. Construction services and construction materials can be deducted by the buyer under §7-9-52 with a Type 6 NTTC — the certificate is what makes it deductible, not the nature of the work.

Full answer and the checkable figures.

Sources

  • N.M. Stat. § 47-8-15
  • N.M. Stat. § 47-8-18
  • N.M. Stat. § 47-8-39
  • N.M. Stat. § 47-8A-1
  • N.M. Stat. §§ 47-8-15, 47-8-37(B), 47-8-24(A), 47-8-33(D)
  • NMSA 1978 §7-9-4 (gross receipts tax on receipts from performing services and selling property in New Mexico).

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.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Late fees. 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.

Rent regulation. This page states whether the state lets its cities control rent, and any statewide limit on an increase, so a renewal can be checked before it is offered. In New York City, Seayora’s rent-increase advisor goes further: it computes the highest increase the Rent Guidelines Board order and the Good Cause standard allow for each apartment, with the law cited, and gives no number where the law is not verified.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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