How to File a Rent Overcharge Complaint in New Mexico

If you believe your landlord is charging more than the agreed rent or increasing your rent unfairly in New Mexico, it's important to understand your rights and the steps you can take. While New Mexico does not have statewide rent control, tenants are still protected against unlawful rent overcharges and sudden, excessive increases. This article guides New Mexico renters through the process of reporting a rent overcharge, including what forms to use and where to seek help.

Understanding Rent Overcharges in New Mexico

New Mexico law does not set a maximum limit on how much landlords can charge for rent. However, landlords must honor the lease agreement, provide proper written notice for rent increases, and must not retaliate when a tenant exercises their rights. The New Mexico Uniform Owner-Resident Relations Act outlines the rules for rent changes and tenant protections.^[1]

When Is a Rent Overcharge Occurring?

• Your landlord charges more than what is written in your current lease.
• Your landlord increases rent without providing the proper amount of written notice (typically 30 days for month-to-month tenants).
• Your landlord increases rent in a discriminatory or retaliatory way.

If any of these apply, you may have the right to file a complaint.

Who Handles Tenant Complaints in New Mexico?

New Mexico does not have a dedicated rent board or tribunal for residential tenancies. Tenant-landlord complaints are typically handled by the New Mexico Attorney General's Consumer Protection Division and sometimes by local fair housing offices or in civil court.^[2] The main legislation is the New Mexico Uniform Owner-Resident Relations Act (UORRA).^[1]

How to File a Rent Overcharge Complaint

Follow these steps if you suspect a rent overcharge:

• Confirm your rent agreement: Review your signed lease and any recent correspondence from your landlord.
• Gather evidence: Keep records of all communications, rent receipts, and lease documents.
• Contact your landlord in writing: Politely raise your concern and request clarification.
• If the issue is not resolved, file an official complaint: Submit your complaint with supporting evidence to the New Mexico Attorney General’s Office.

Official Forms for Reporting Rent Overcharge

• New Mexico Consumer Complaint Form
  • When to Use: If your landlord refuses to address unlawful rent charges or violates the provisions of your lease.
  • How to Use: Complete the online form or downloadable PDF, attach supporting documentation, and submit to the Attorney General’s Office.
  • File a Consumer Complaint (Official NM Attorney General Portal)

Note: New Mexico does not have a specific "rent overcharge complaint" form—general consumer complaint procedures are used.

What Happens After Filing?

Once you file the complaint, the Consumer Protection Division may mediate the issue or direct you to resources. In some cases, you may also need to file a case in small claims court. The Attorney General does not represent individuals in court but can help mediate and investigate unlawful practices.

Staying Protected as a Renter

While rent is mostly unregulated, tenants in New Mexico are still protected from retaliation and discrimination. Know your rights, act promptly, and keep detailed records.

FAQ: Rent Overcharge Complaints in New Mexico

1. Can my landlord raise my rent for any reason in New Mexico?
   Landlords can raise rent but must follow the rules stated in the lease and provide at least 30 days' written notice for month-to-month agreements.
2. Is there an official rent control program in New Mexico?
   No, New Mexico does not have statewide rent control or rent stabilization laws.
3. What should I do if I get an eviction notice after disputing a rent hike?
   Don't ignore the notice—respond by the court deadline and reach out to legal aid. The court will review your case if an eviction is filed.
4. Which agency handles rental disputes?
   The New Mexico Attorney General’s Consumer Protection Division investigates rental complaints; however, courts handle legal disputes between landlords and tenants.
5. How do I prove a rent overcharge?
   Document all payments, leases, and communications. Written evidence is crucial when filing a complaint.

Key Takeaways

• New Mexico does not have rent control, but tenants have legal protections under the Uniform Owner-Resident Relations Act.
• Rent overcharge complaints are submitted through the Attorney General's Consumer Protection Division.
• Keep good records, use the official complaint form, and seek support from local or state resources if facing rent overcharges or retaliation.

Need Help? Resources for Renters

• New Mexico Attorney General - Consumer Protection Division: File complaints and learn about tenant protections.
• New Mexico Legislature: Read the Uniform Owner-Resident Relations Act.
• Law Help New Mexico: Free legal resources and help for tenants.
• HUD New Mexico Renting Resources: Federal housing help for renters.

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1. Uniform Owner-Resident Relations Act (New Mexico Statutes Annotated, Chapter 47, Article 8)
2. New Mexico Attorney General – Consumer Complaint Process

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