New Mexico Pet Rent Laws: Limits and Rights for Renters

Many renters in New Mexico have pets and want to understand what fees or rents landlords can charge. Knowing the laws about pet rent and fees helps you avoid surprises and protects your rights. This article explains New Mexico's rules, legal limits, and practical steps for renters.

Pet Rent and Fees in New Mexico

In New Mexico, landlords are allowed to charge additional fees or rent for tenants with pets. However, there are rules about how much can be charged and what counts as a deposit versus ongoing rent.

What Types of Pet-Related Charges Can Landlords Require?

• Pet Rent: Extra monthly amount added to your usual rent for having a pet.
• Pet Deposit: A one-time refundable charge to cover possible pet-related damage.
• Nonrefundable Pet Fee: An upfront fee that is not returned when you move out.

These charges must be clearly stated in your lease agreement. It's important to understand the difference between refundable deposits and nonrefundable fees.

Are There Limits on Pet Rent or Deposits in New Mexico?

New Mexico law allows landlords to charge pet rent and pet deposits, but there are some important restrictions on total security deposits:

• If your rental agreement is for under one year, total deposits (including pet deposit) cannot be more than one month's rent.
• For agreements of one year or longer, total deposits can be up to one and a half months' rent.

There is no state law limiting the amount of monthly pet rent, but security deposits have clear caps under the New Mexico Uniform Owner-Resident Relations Act.¹

For example, if your lease is for 10 months and your rent is $1,000, the total deposit—including any pet deposit—cannot exceed $1,000. A landlord may still charge monthly pet rent on top of this, as long as it is clearly stated in the lease.

Service Animals vs. Pets

Service animals and emotional support animals are not considered pets under federal and state laws. Landlords cannot charge extra fees, deposits, or pet rent for service animals required for a disability.² If you have a service animal, you may need to provide documentation, but your landlord cannot apply pet rents or pet deposits.

How to Address Pet Rent or Fee Disputes

If you believe your landlord is overcharging or not following New Mexico law, you can:

• Talk to your landlord or property manager in writing and ask for a breakdown of all fees and deposits.
• Review your rental agreement and check the amounts.
• Contact the New Mexico Attorney General's Consumer Protection division for assistance.
• If necessary, file a complaint or pursue action in your local Magistrate or Metropolitan Court, which handle landlord-tenant matters.

Relevant Forms for New Mexico Renters

• Resident Complaint Form – Use this to file a complaint with the New Mexico Attorney General's Office if you believe your landlord is violating the law.
  How to use: Fill out and submit the form if you are overcharged for pet deposits or subjected to illegal pet fees.
  Download the Consumer Complaint Form
• Small Claims (Magistrate/Metropolitan Court) Petition – Use this court form if you need to pursue a claim regarding your security or pet deposit in New Mexico courts.
  How to use: File this petition if your landlord wrongfully withholds your deposit.
  Find court forms for small claims

Tribunal Handling Residential Tenancies in New Mexico

Landlord-tenant cases, including pet rent and deposit issues, are handled by your local Magistrate or Metropolitan Court in New Mexico. You can find which court has jurisdiction over your area on their official website.

Frequently Asked Questions

1. Can my landlord charge me both a pet deposit and monthly pet rent?
   Yes, as long as the total deposits (including any pet deposit) do not exceed legal caps, and any ongoing pet rent is stated in your lease.
2. Is there a maximum amount for pet rent in New Mexico?
   No, state law does not set a maximum for pet rent, but all fees and rents must be disclosed in your rental agreement.
3. Are pet fees or deposits refundable?
   Pet deposits are usually refundable, but nonrefundable pet fees are not; check your lease for exact terms.
4. Do service animals count as pets under pet rent rules?
   No, service animals cannot be subjected to pet rent or deposits under federal and state law.
5. What should I do if I think a pet fee is unfair or illegal?
   Try discussing the issue with your landlord, review state law, and consider filing a complaint with the New Mexico Attorney General or your local court if needed.

Need Help? Resources for Renters

• New Mexico Attorney General – Consumer Complaints: Guidance and complaint filing for rental issues
• New Mexico Uniform Owner-Resident Relations Act: Full legislation for tenants and landlords
• New Mexico Courts Self-Help: Forms and instructions for small claims and landlord-tenant disputes
• Find Your Local Magistrate or Metropolitan Court: Filings for tenant cases

---

1. New Mexico Uniform Owner-Resident Relations Act, Section 47-8-18
2. Federal Fair Housing Act and Rules Regarding Assistance Animals

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations