What types of rental accommodations are covered by legislation governing residential tenancies in New Mexico?

The New Mexico Uniform Owner-Resident Relations Act governs residential dwelling units in the State. A "dwelling unit" is defined as a structure, mobile home or the part of a structure, including a hotel or motel, that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household and includes a parcel of land leased by its owner for use as a site for the parking of a mobile home.

What types of dwellings are NOT covered by this legislation?

The following dwellings are not covered by the Act:

(a) residence at a public or private institution, if incidental to detention or the provision of medical, geriatric, counseling, religious, educational when room and board are an entity or similar service;
(b) occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the occupant is the purchaser or a person who succeeds to his interest;
(c) occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
(d) transient occupancy in a hotel or motel;
(e) occupancy by an employee of an owner pursuant to a written rental or employment agreement that specifies the employee's right to occupancy is conditional upon employment in and about the premises; and
(f) occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

Is it necessary to have a written lease or rental agreement in New Mexico?

A lease can be either written or verbal, however, a written lease is generally preferable because it sets out the rights and responsibilities of both the landlord and the tenant, and clearly defines the terms of the agreement between the parties.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

The landlord can ask for a security deposit, not to exceed 1 month's rent unless the lease is for more than 1 year. If the lease is an annual lease and the landlord requests more than 1 month's rent, s/he must pay interest on the deposit to the tenant on an annual basis.

Upon the tenant vacating the premises, the landlord has 30 days to return the security deposit to the tenant. If the landlord is making deductions from the deposit for unpaid rent or for damage (other than normal wear and tear), s/he must return any balance remaining, together with an itemized statement setting out the details of the deductions.

When is the landlord allowed to increase the rent?

The landlord may increase the rent in a month-to-month tenancy by providing at least 30 days prior written notice to the tenant, or in the case of a fixed term tenancy, at least thirty days prior to the end of the term. In the case of a periodic tenancy of less than one month, written notice must be provided at least one rental period before the increase is to become effective. There is no rent control in New Mexico, so there is no limit to how much the landlord can raise the rent.

Can the landlord levy additional charges for late rent?

If the rental agreement provides for a late fee, the landlord may charge a late fee, not to exceed 10% of the total rent payment for each rental period that the tenant is in default. To assess a late fee, the landlord must provide notice of the late fee charged no later than the last day of the next rental period immediately following the period in which the default occurred.

How can a lease be terminated?

Either party may terminate a week-to-week rental agreement by giving written notice to the other party at least 7 days prior to the termination date specified in the notice. In the case of a month-to-month rental agreement, the notice period is at least 30 days prior to the termination date.

When is the landlord permitted to enter the premises?

The landlord may enter, at reasonable times and with the tenant's consent, to repair, inspect, provide required services or show the premises on 24 hours' written notice. The tenant is required to give consent to give the landlord access during reasonable hours for the permitted purposes. In case of emergency, the landlord may enter without consent or notice. The landlord is prohibited from abusing this right of access.

On what grounds can a landlord evict a tenant?

A landlord can evict a tenant for a number of reasons, such as:

(a) non-payment of rent;
(b) breach of the lease;
(c) behavior or activity materially affecting health and safety;
(d) damage to the property;
(e) holding over without the landlord's consent after the expiration of the lease.

A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.

A landlord cannot evict a tenant as retaliation against a tenant for complaining to the landlord or to a government or other authority about the condition of the premises, for joining a tenant's association or otherwise asserting his/her rights.



The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.