New Mexico Tenant-Landlord Rental Laws & Rights for 2024
An Overview of New Mexico Tenant-Landlord Laws
The landlord-tenant relationship in New Mexico is primarily governed by the New Mexico Owner-Resident Relations Act. This act outlines the rights and responsibilities of both landlords and tenants in the state. It covers key areas such as security deposits, rent payments, property maintenance, and the eviction process.
Other relevant laws include the New Mexico Human Rights Act, which prohibits housing discrimination based on protected characteristics, and local municipal ordinances that may impose additional requirements on landlords and tenants.
The Owner-Resident Relations Act and other applicable laws can be found in the New Mexico Statutes, specifically Chapter 47 (Property Law) of the New Mexico Statutes Annotated. Landlords and tenants can access these statutes online through the New Mexico Compilation Commission's website or by visiting a local law library.
Required Landlord Disclosures in New Mexico
In New Mexico, landlords are required to make certain disclosures to tenants regarding security deposits and receipts for rent payments.
Regarding security deposits in New Mexico, there is a limit on how much a landlord can charge. The maximum allowable security deposit in New Mexico is one month's rent. So if the monthly rent is $1,000, the landlord cannot charge more than $1,000 as a security deposit.
When it comes to returning the security deposit after a tenant moves out, landlords must follow specific rules. They have 30 days to either return the full deposit or provide an itemized list of deductions along with the remaining deposit amount. Common reasons for deductions include unpaid rent, damages beyond normal wear and tear, and cleaning costs to restore the unit to its original condition.
Landlords must also provide tenants with receipts for any rent payments made in cash or by money order. The receipt should state the amount paid, the period for which rent was paid, and identify the rental property. Tenants have the right to request a receipt if one is not automatically provided by the landlord.
Failure to comply with these disclosure requirements around security deposits and receipts can expose landlords to potential penalties and legal action by tenants. Maintaining proper documentation and following the law is crucial for landlords in New Mexico.
Rent Rules and Regulations in New Mexico
In New Mexico, there are specific rules and regulations that govern how landlords can charge and increase rent. These laws aim to protect both landlords and tenants from unfair practices.
Late Fees and Other Rent Rules
Landlords in New Mexico are allowed to charge late fees for rent payments that are not made on time. However, the late fee cannot be excessive or unreasonable. A common practice is to charge a flat late fee or a percentage of the monthly rent, typically between 5-10%.
Landlords can also charge other reasonable fees related to the rental property, such as application fees, pet fees, or fees for additional amenities or services. However, these fees must be clearly disclosed in the lease agreement, and landlords cannot charge arbitrary or hidden fees.
Rent Control Laws
Currently, there are no statewide rent control laws in New Mexico. This means that landlords are generally free to set and increase rent prices as they see fit, subject to the terms of the lease agreement and any local ordinances.
However, some cities and counties in New Mexico have implemented their own rent control measures. For example, Santa Fe has a rent control ordinance that limits annual rent increases for certain rental properties. Tenants should check with their local government to determine if any rent control laws apply in their area.
Raising Rent During a Lease
In New Mexico, landlords are generally not allowed to raise the rent during the term of a fixed-term lease, unless the lease agreement specifically allows for rent increases. This means that if a tenant has a one-year lease, the landlord cannot raise the rent until the lease expires and a new lease is signed.
However, if the tenant is on a month-to-month or periodic tenancy, the landlord can raise the rent by providing proper written notice. The amount of notice required varies depending on the rental period, but it is typically 30 days for a month-to-month tenancy.
When raising the rent, landlords must provide written notice to the tenant that clearly states the new rental amount and the effective date of the increase. Tenants have the option to accept the rent increase or give proper notice to terminate the tenancy.
Tenant Rights and Responsibilities in New Mexico
Under New Mexico law, tenants have certain rights and responsibilities when renting a property. One key right is the ability to withhold rent payments if the landlord fails to maintain the rental unit in a habitable condition. However, tenants must follow specific procedures and provide proper notice before withholding rent.
Tenants can withhold rent if the landlord does not address serious issues like lack of running water, electricity, heat, or major structural defects that violate basic health and safety standards. The tenant must provide written notice to the landlord specifying the repairs needed and give a reasonable period, typically 7-14 days, for the landlord to fix the problems.
If the landlord does not make the necessary repairs within the notice period, the tenant can then withhold rent payments until the repairs are completed. The withheld rent must be placed in an escrow account and the tenant must continue to comply with other lease terms.
In addition to state laws, some cities and counties in New Mexico have local ordinances that provide additional protections for tenants. For example, certain municipalities prohibit discrimination based on source of income or restrict excessive application fees and security deposits. Tenants should research any applicable local ordinances that may impact their rights as renters.
It's important for tenants to understand their responsibilities as well. This includes making rent payments on time, keeping the property clean and undamaged beyond normal wear and tear, and adhering to other lease provisions. Violating tenant responsibilities can potentially lead to eviction proceedings by the landlord.
Termination and Eviction Procedures in New Mexico
In New Mexico, both landlords and tenants must follow specific procedures for terminating a tenancy and pursuing an eviction. Proper notice requirements must be met, lockout rules adhered to, and the formal eviction process followed.
Notice Requirements
If a landlord wishes to terminate a month-to-month tenancy, they must provide the tenant with a written 30-day notice to vacate. For a yearly lease, landlords must give tenants notice at least 30 days before the annual renewal date.
Tenants terminating a month-to-month rental must give landlords 30 days' notice. For yearly leases, tenants should give notice at least 30 days prior to the lease's expiration date.
If a tenant violates the rental agreement, landlords can potentially terminate the tenancy sooner with an appropriate unconditional quit notice - typically 7 days for lease violations or 3 days for failure to pay rent.
Lockout Rules
In New Mexico, it is illegal for landlords to forcibly remove or "lock out" a tenant from the rental property as a means of eviction. Landlords must go through the formal court eviction process. Self-help evictions such as changing the locks, removing a tenant's belongings, or shutting off utilities are prohibited.
Eviction Process
To pursue an eviction in New Mexico, landlords must first properly terminate the tenancy and give the required notice to vacate. If the tenant remains after that period, the landlord can then file an eviction lawsuit with the court.
The summons and complaint must be served to the tenant, who then has an opportunity to respond and appear for a hearing. If the court rules in favor of the landlord, they will be granted a Writ of Restitution.
The Writ authorizes the state to carry out the physical eviction with law enforcement supervision. Only after receiving the court order can the landlord legally remove the tenant and their belongings.
Landlord Access and Retaliation Laws in New Mexico
In New Mexico, landlords must follow specific rules when entering a tenant's rental property. They cannot enter whenever they want without proper notice and valid reasons. Landlords are generally required to provide at least 24 hours' notice before entering, except in case of an emergency that threatens life or property.
Allowable reasons for a landlord to enter include:
- Responding to repair requests
- Making necessary or agreed repairs/alterations
- Supplying services included in the rental agreement
- Showing the unit to prospective buyers/tenants
- Inspecting for damages
- If the tenant has abandoned or surrendered the premises
Tenants have the right to refuse entry if proper notice was not given or there is no valid reason. Landlords cannot abuse their right of access or use it to harass tenants.
New Mexico law also prohibits landlord retaliation against tenants who exercise their legal rights. For example, a landlord cannot retaliate by raising rent, decreasing services, or starting an eviction because a tenant:
- Complained about repairs or habitability issues
- Joined or organized a tenant's union
- Exercised other legal rights under the rental agreement
If a landlord violates these access and retaliation rules, tenants may be able to terminate the lease, recover damages, obtain injunctive relief, and/or assert a defense against eviction in court. Landlord retaliation gives rise to civil penalties as well.
Squatters' Rights in New Mexico
In New Mexico, squatters' rights are defined by the laws of adverse possession, which allow individuals to claim ownership of a property if they meet specific legal criteria. To establish a claim of adverse possession in New Mexico, a squatter must occupy the property openly, continuously, and without the owner's permission for a statutory period of 10 years. This means the squatter must use the property in a manner that is visible and obvious to anyone, including the property owner.
For a successful adverse possession claim in New Mexico, the squatter’s possession must be actual, notorious, exclusive, and hostile. Actual possession means the squatter physically occupies the property, using it as an owner would. Notorious possession requires the occupancy to be known to others, providing sufficient notice to the legal owner. Exclusive possession indicates that the squatter is the only occupant, not sharing the property with others, including the owner. Hostile possession implies that the squatter occupies the property without the owner’s consent and against the owner’s interests.
Property owners in New Mexico can prevent adverse possession claims by regularly inspecting their properties, maintaining clear boundaries with fences or signs, and addressing unauthorized occupancy promptly. If a property owner grants permission to someone to use the property, it negates the hostility requirement, thus preventing an adverse possession claim.
New Mexico law also considers factors like the squatter's efforts to improve or maintain the property, which can strengthen their adverse possession claim. This can include actions such as making repairs, paying property taxes, or otherwise treating the property as their own.
While adverse possession offers a legal route for squatters to claim ownership, it is a complex process that demands strict adherence to New Mexico's legal criteria. Property owners must remain vigilant and proactive in protecting their properties from potential adverse possession claims to ensure their property rights are maintained. Understanding these laws is crucial for both squatters and property owners to navigate their respective rights and responsibilities effectively under New Mexico law.
Legal Proceedings in New Mexico
In New Mexico, both landlords and tenants have the option to pursue legal action through the state's court system to resolve disputes related to rental properties and leases. One common avenue for resolving landlord-tenant conflicts is through small claims court.
Small Claims Lawsuits
Small claims court is a simplified legal process designed to handle relatively minor cases involving smaller monetary amounts. In New Mexico, small claims court can handle cases involving up to $10,000 in damages or unpaid rent.
The small claims process is intended to be more accessible and less formal than traditional court proceedings. Parties can represent themselves without an attorney, and the rules of evidence are more relaxed. This can make it easier for landlords and tenants to navigate the legal system on their own.
To file a small claims case, the plaintiff (either the landlord or tenant) must complete the necessary paperwork and pay a filing fee. The defendant will then be served with a summons to appear in court on a specified date.
Evidence Presentation
During a small claims hearing, both parties will have the opportunity to present evidence to support their case. This evidence can take various forms, including:
- Lease agreements or rental contracts
- Receipts or invoices
- Photographs or videos documenting property conditions
- Witness testimony from individuals with firsthand knowledge of the situation
- Written communications (e.g., emails, text messages, or letters) between the landlord and tenant
It's essential for both landlords and tenants to organize and present their evidence clearly and concisely. Relevant documents should be organized and labeled, and any witnesses should be prepared to provide coherent and factual testimony.
The judge will consider all the evidence presented by both parties and make a ruling based on the applicable landlord-tenant laws and the specific circumstances of the case.
COVID-19 and Landlord-Tenant Law in New Mexico
The COVID-19 pandemic significantly impacted landlord-tenant relations in New Mexico. In response to the public health crisis and economic hardships faced by many renters, New Mexico implemented temporary eviction moratoriums and rent assistance programs.
Eviction Moratoriums
To prevent widespread displacement and housing insecurity during the pandemic, New Mexico imposed eviction moratoriums at various points. These temporary bans prohibited landlords from removing tenants for non-payment of rent when tenants could demonstrate financial hardship due to COVID-19.
The specific rules and timeframes for the eviction moratoriums evolved throughout the pandemic. Landlords were required to provide tenants with detailed information about their rights under the moratorium orders and whether they qualified for eviction protection.
Rent Assistance Programs
New Mexico also established rent assistance programs using federal COVID-19 relief funds. These programs aimed to help tenants who fell behind on rent payments due to pandemic-related income loss or increased expenses.
Eligible tenants could apply for rent relief funds, which were paid directly to landlords to cover missed rent payments. Both tenants and landlords had to meet certain criteria and submit documentation to qualify for the rent assistance.
While details varied across different rent relief initiatives, the programs generally prioritized very low-income households and those at risk of housing instability. Landlords were required to comply with program rules, such as agreeing not to evict the tenant for a period of time.
Resources for Landlords and Tenants in New Mexico
Professional Help
Both landlords and tenants in New Mexico can benefit from seeking professional assistance when navigating landlord-tenant laws and disputes. Consulting with a qualified attorney or legal aid organization can provide valuable guidance and representation.
Landlords may want to work with a real estate attorney or property management company to ensure compliance with state and local regulations, properly handle evictions, and draft legally sound lease agreements. Attorneys can also assist with reviewing and negotiating contracts, resolving disputes, and representing landlords in court if necessary.
Tenants facing issues like eviction, discrimination, or habitability concerns should consider contacting a tenant's rights organization or legal aid clinic. These resources can provide free or low-cost legal advice, representation, and advocacy to protect a tenant's rights under the law.
Legal Research Materials
Both parties can further their understanding of landlord-tenant laws in New Mexico by consulting authoritative legal research materials and resources. The New Mexico Statutes Annotated, specifically Chapter 47 (Property Law) and Chapter 14 (Uniform Owner-Resident Relations Act), contain the relevant state laws governing rental properties.
The New Mexico Judicial Branch website provides access to court rules, forms, and self-help resources related to landlord-tenant matters. Local county and city websites may also offer additional ordinances and regulations that apply within their jurisdictions.
Law libraries, such as those at universities or courthouses, can provide access to legal treatises, practice guides, and other secondary sources that interpret and analyze landlord-tenant laws in New Mexico. Online legal research databases like Westlaw and LexisNexis (which may require a subscription) can also be valuable resources for in-depth research.
Frequently Asked Questions
What are the landlord tenant laws in New Mexico?
The main landlord-tenant laws in New Mexico are found in the New Mexico Statutes under the Uniform Owner-Resident Relations Act (NMUORRA). This covers key areas like leases, security deposits, landlord entry, evictions, and more. Local cities and counties may also have additional ordinances affecting rentals.
What are a tenant's rights in New Mexico?
Under New Mexico law, tenants have rights including habitable premises, privacy, proper notice for entry or eviction, using rent monies for repairs in some cases, and protection against retaliation. Tenants must also fulfill responsibilities like paying rent on time and not damaging the property.
How long does a landlord have to return a security deposit in New Mexico?
In New Mexico, landlords must return a tenant's security deposit within 30 days after the tenant moves out, along with an itemized list of any deductions.
Can a landlord raise rent during a lease in New Mexico?
No, landlords in New Mexico cannot raise the rent during the term of a fixed lease, unless the lease has a specific rent increase clause allowing it. Month-to-month tenancies require advance written notice to raise rent.
Does New Mexico have rent control laws?
No, New Mexico does not have any statewide rent control or rent stabilization laws limiting how much landlords can increase rent. Some local municipalities may have their own rent control ordinances.
How much notice does a landlord have to give for eviction in New Mexico?
The required notice period for evictions in New Mexico depends on the reason, but generally landlords must give 30 days' notice to terminate a month-to-month tenancy, and 7-30 days' notice for breach of lease violations.
What are a landlord's rights in New Mexico?
Key landlord rights in New Mexico include screening tenants, requiring a security deposit within limits, access to the property with proper notice, collecting rent on time, and evicting tenants through the court process for lease violations.
How long can a landlord lock out a tenant in New Mexico?
In New Mexico, landlords cannot lock out tenants or shut off essential utilities as a way to force them out. Landlords must go through the formal eviction court process to legally remove a tenant.
Is New Mexico a landlord friendly state?
New Mexico landlord-tenant laws provide a balanced set of rights and responsibilities for both parties. While not extremely landlord or tenant-friendly, the laws aim to be fair if followed properly.
Does New Mexico require landlords to provide receipts?
Yes, landlords in New Mexico must provide tenants with written receipts for any payment, deposit, or rental amount received. This creates a record for both parties.
