With rising housing costs across the country, understanding your rights as a tenant in New Mexico is more important than ever. In 2025, New Mexico continues to have some of the least restrictive rent increase laws in the U.S., but there are still important rules regarding notice, discrimination, and retaliation that every renter should know.
No Rent Control or Caps
- No Rent Control: New Mexico law prohibits both statewide and local rent control. This means there are no legal limits on how much a landlord can raise the rent—neither the state nor cities/counties can set caps on rent increases.
- Landlord Discretion: Landlords can raise rents by any amount, as long as they follow required procedures and do not violate anti-discrimination or anti-retaliation laws.
Notice Requirements for Rent Increases
- 30-Day Notice for Increases Under 10%: If a landlord wants to increase rent by less than 10%, they must provide at least 30 days’ written notice before the increase takes effect.
- 60-Day Notice for Increases Over 10%: If the rent increase is more than 10%, a 60-day written notice is required.
- Month-to-Month and Fixed-Term Leases: For month-to-month leases, the notice period applies before the new rent takes effect. For fixed-term leases, increases can only be made at renewal, with the required notice given before the lease ends.
When Can Rent Be Raised?
- End of Lease Term: Rent can only be increased at the end of the current lease term, unless the lease specifically allows for mid-term increases.
- Written Notice: All notices must be in writing and delivered according to the lease or state law requirements.
Tenant Protections
- No Discriminatory or Retaliatory Increases: Landlords cannot raise rent in a way that discriminates based on race, religion, gender, national origin, or other protected characteristics, nor can they increase rent in retaliation for a tenant exercising their legal rights (such as filing a complaint).
- Right to Contest: If a tenant believes a rent increase is illegal or retaliatory, they may challenge it in court or seek help from New Mexico Legal Aid.
Security Deposits and Other Fees
- Separate Rules: Security deposits are capped at one month’s rent for unfurnished units, and must be returned within 30 days of move-out, minus allowable deductions.
Summary Table: New Mexico Rent Increase Rules (2025)
| Rule/Protection | Details |
|---|---|
| Rent control/caps | None—no state or local limits |
| 30-day notice | Required for increases under 10% |
| 60-day notice | Required for increases over 10% |
| Discrimination/retaliation | Prohibited |
| When increase allowed | End of lease term or as specified in lease |
| Written notice | Required for all increases |
| Security deposit cap | 1 month’s rent (unfurnished units) |
Key Takeaways
- Landlords in New Mexico can raise rent by any amount, but must give written notice—30 days for increases under 10%, 60 days for increases over 10%.
- Rent increases cannot be discriminatory or retaliatory.
- There is no rent control, and cities/counties cannot impose their own caps.
- Tenants should review their lease, know their rights, and seek legal help if they suspect an illegal rent hike.
By staying informed about these rules, tenants can better navigate rent increases and protect their housing rights in New Mexico.
Sources:
- https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
- https://citydesk.nm.news/2025/rent-control-advocates-vow-to-try-again-next-year/
- https://www.hemlane.com/resources/new-mexico-rent-control-laws/
- https://www.steadily.com/blog/how-much-can-a-landlord-raise-rent-in-new-mexico