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Tenant Leaning · Rank #39 of 51

New Mexico
Landlord Laws
2026 Complete Guide

Everything a landlord needs to know about New Mexico law — eviction process, security deposits, entry rights, rent control status, and local court resources.

4
out of 10 · Tenant Leaning
📋
Notice Period
3 days
⏱️
Full Eviction
~55 days
💰
Deposit Max
1 month (under $500/mo)
🔑
Entry Notice
24 hrs
💳
Late Fee Cap
10%
Rent Control
No
Live Market Data · RentCast

New Mexico Rental Market

Current rents by bedroom · top metro breakdowns · YoY trend

Mar 29, 2026
1 Bedroom
$1,264
2 Bedrooms
$1,520
3 Bedrooms
$2,250
YoY Trend
+0.9%
Days on Market
23d
Albuquerque E
87108
1BR$925
2BR$1,075
3BR$1,750
YoY
+2.6%
DOM
27.98d
Listings
482
Santa Fe
87505
1BR$1,602
2BR$1,964
3BR$2,750
YoY
-0.9%
DOM
18.84d
Listings
222

New Mexico Eviction Process

Complete timeline for removing a non-paying or violating tenant in New Mexico

01
Serve Notice
3-day written notice for non-payment of rent. Must be delivered personally or posted on door.
02
File Complaint
If tenant fails to pay or vacate after 3 days, file an eviction complaint at your local court. Filing fee: $50–$100.
03
Court Hearing
Hearing typically scheduled 7–14 days after filing. Bring your lease, all notices, rent ledger, and any communications with the tenant.
04
Judgment & Possession
If you win, the court issues a judgment for possession. Tenant typically has 24–72 hours to vacate. If not, obtain a writ of possession.
ESTIMATED TOTAL TIMELINE
Filing + Hearing (14d)
7d
Writ (31d)
Average total: 55 days from notice to possession. US average is ~50 days.

Security Deposit Rules

New Mexico security deposit laws, limits, and return requirements

💰
Maximum Deposit
1 month (under $500/mo)
Per current statutes
📅
Return Deadline
14–45 days
After tenant vacates
📋
Itemization Required
Yes
Written itemization of deductions
📈
Interest Required
No
Required in some high-reg states

Rights & Responsibilities

What both parties are entitled to under New Mexico law

✅ Landlord Rights
Can charge 10% late fee
No statewide rent control
⚖️ Tenant Rights
Repair & deduct
Habitability
Retaliation defense

Required Disclosures

Items you must disclose to tenants in New Mexico before or at lease signing

📄 Lead paint
📄 Furnishings list

Rent Control Status

New Mexico rent increase and rent control laws

No Rent Control in New Mexico
New Mexico has no statewide rent control law. You can raise rents by any amount with proper notice (typically 30 days for month-to-month, or at lease end for fixed terms). Late fees are subject to a cap: 10%.

New Mexico Landlord FAQs

Common questions answered — also powers Google rich results

How long does eviction take in New Mexico?+
The average eviction timeline in New Mexico is 55 days from notice to possession. The pay-or-quit notice period is 3 days. Filing fee is $50–$100.
What is the security deposit limit in New Mexico?+
In New Mexico, the security deposit maximum is 1 month (under $500/mo). Landlords must return the deposit with an itemized statement of deductions.
Does New Mexico have rent control?+
No. New Mexico has no statewide rent control. You can raise rents by any amount with proper notice — typically 30 days for month-to-month tenancies.
How much entry notice is required in New Mexico?+
Landlords in New Mexico must provide at least 24 hours written notice before entering a rental unit.

Compare Similar States

States with comparable landlord-friendliness scores

Colorado
4
60d eviction · None (return in 30 days)
Connecticut
3
75d eviction · 2 months (1 month if 62+)
Delaware
5
60d eviction · 1 month (after 1yr)
Hawaii
3
60d eviction · 1 month
← All StatesEviction Resources →