New Mexico Residential Lease Agreement
What New Mexico law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free New Mexico lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other New Mexico rules your lease has to live with
Beyond the deposit, New Mexico law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. New Mexico requires at least 24 hours’ notice before a non-emergency entry. — NMSA 1978 § 47-8-24(A)(1) (1995 amendment) ↗
- Late fees. Max 5% of rent per rental period (reduced from 10% effective June 20, 2025); only if lease provides for it; calculated on rent only; notice of the fee by end of next rental period — NMSA 1978 § 47-8-15(D) (amended 2025 ch.122, eff. June 20, 2025) ↗
- Rent increases. 30 days' written notice before the periodic rental date (month-to-month); one rental period for periods under one month — NMSA 1978 § 47-8-15(F) ↗
- Repair and deduct. No classic repair-and-deduct; statutory rent abatement: after written notice and 7 days without remedy, tenant may abate 1/3 of pro-rata daily rent per day (100% if uninhabitable and vacated) — NMSA 1978 § 47-8-27.2 (1995, amended 1999) ↗
- Habitability. New Mexico law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — NMSA 1978 § 47-8-20(A) ↗
Each point links to the New Mexico source it was taken from. Rules change; confirm before relying on them.
What New Mexico law requires · as of 2026
- Max security deposit
- 1 month's rent (leases under 1 yr; no cap on longer)
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: N.M. Stat. §47-8-18 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a New Mexico security deposit demand letter; if that doesn’t work, the usual next step is New Mexico small claims court.
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Required disclosures in New Mexico
What New Mexico law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Written rental agreement
Owner must provide a written rental agreement to each resident before occupancy begins.
Source: NMSA 1978 § 47-8-20(G)
Frequently asked questions
How much security deposit can a landlord charge in New Mexico?
In New Mexico, the security deposit is limited to 1 month's rent (leases under 1 yr; no cap on longer), and it must be returned within 30 days after move-out (as of 2026). Source: N.M. Stat. §47-8-18. Confirm the current rule before you sign.
Is this lease valid in New Mexico?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in New Mexico once both sides sign. What it cannot do is contract around New Mexico law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in New Mexico?
New Mexico requires at least 24 hours' notice for a non-emergency entry. Source: NMSA 1978 § 47-8-24(A)(1) (1995 amendment).
Can a landlord charge late fees in New Mexico?
Max 5% of rent per rental period (reduced from 10% effective June 20, 2025); only if lease provides for it; calculated on rent only; notice of the fee by end of next rental period Source: NMSA 1978 § 47-8-15(D) (amended 2025 ch.122, eff. June 20, 2025).
Can a tenant repair and deduct rent in New Mexico?
No classic repair-and-deduct; statutory rent abatement: after written notice and 7 days without remedy, tenant may abate 1/3 of pro-rata daily rent per day (100% if uninhabitable and vacated) Source: NMSA 1978 § 47-8-27.2 (1995, amended 1999).
What does a landlord have to disclose in New Mexico?
Under New Mexico law: Written rental agreement (NMSA 1978 § 47-8-20(G)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does New Mexico compare? See the security deposit limits in all 50 states, every figure cited to statute.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: N.M. Stat. §47-8-18 ↗.
- New Mexico is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Arizona (14 days), Colorado (30 days), Oklahoma (45 days), Texas (30 days), Utah (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Arizona (30 days), Colorado (21 days), Oklahoma (30 days), Texas (30 days), Utah (15 days).
The rest of what New Mexico requires
The figures below are New Mexico's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full New Mexico page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Notice to cure a lease violation · as of 2026
- 7 days N.M. Stat. Ann. § 47-8-33; § 47-8-37 ↗
- Small claims limit · as of 2026
- $10,000 NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Where you file · as of 2026
- Magistrate Court (Bernalillo County Metropolitan Court in Albuquerque) · filing fee $77 civil filing fee in Bernalillo County Metropolitan Court (metro.nmcourts.gov); magistrate courts charge approximately the same — secondary sources report $77–$87 statewide NMSA 1978 § 35-3-3 (Magistrate Court); NMSA 1978 § 34-8A-3 (Metropolitan Court) ↗
- Rental application fee · as of July 2026
- Capped at $50 screening fee (eff. 9/20/2025) New Mexico Legislature ↗
- Bill of sale notarization · as of 2026
- Not required New Mexico MVD (Form MVD-10009) ↗
- Power of attorney signing · as of 2026
- Notarization recommended N.M. Stat. §45-5B-105 (form §45-5B-301) ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules NMSA 1978, § 53-19-2(O) (definition) ↗
- Recording a deed · as of 2026
- County Clerk · no witnesses NMSA 1978, § 14-8-4 ↗
Lease agreement in other states
More New Mexico legal forms
Different state? See lease agreements by state →