New Mexico Occupancy Limits: Renters’ Rights & Overcrowding Laws

If you live in New Mexico and share your rental with roommates, family, or subtenants, you might wonder how many people are legally allowed to live in a unit. Knowing New Mexico's occupancy limits and overcrowding laws can help protect your rights, prevent lease violations, and ensure safe living conditions.

Understanding Occupancy Limits in New Mexico

Occupancy limits set the maximum number of people who can live in a rental unit. These rules help prevent overcrowding, protect health and safety, and comply with local housing standards. In New Mexico, no single statewide law sets a specific number of occupants per rental unit. Instead, occupancy rules are generally determined by:

• Local city or county housing codes
• Provisions in your lease agreement
• The International Property Maintenance Code (IPMC), adopted by many municipalities

Most New Mexico cities follow a guideline of two persons per bedroom, plus one additional person (sometimes called the “2+1 Rule”). However, some areas may have stricter occupancy standards based on housing or health codes. Always check with your local housing department.

What Counts as Overcrowding?

Overcrowding happens when the number of people living in a unit exceeds the legal occupancy limits. This can create fire hazards, sanitation problems, and may lead to a lease violation or even eviction. Overcrowding is typically defined by:

• The number of sleeping rooms and square footage per person
• Rules set by local codes (for example, Albuquerque housing code requires at least 70 square feet for the first occupant, and 50 additional square feet for each extra person¹)

Roommates, Subletting, and Who Counts Toward Occupancy

Roommates, family members, children, and subtenants all count toward occupancy limits. When adding a new roommate or considering subletting, be sure to:

• Check your lease for guest and subletting provisions
• Notify your landlord in writing about any changes
• Ensure the total number of residents stays within the allowed limit

Where to Find Local Occupancy Codes

• Albuquerque IPMC Housing Code
• Santa Fe Housing and Building Codes
• Contact your local city or county housing department

If in doubt, ask your landlord or property manager for the occupancy rule that applies to your building.

Legal Protections for Renters

New Mexico law protects tenants from being evicted or discriminated against based on occupancy, as long as you follow lease rules and applicable codes. The main state law is the New Mexico Uniform Owner-Resident Relations Act².

Your landlord cannot set stricter occupancy limits than allowed by local law to unfairly exclude families or certain groups. However, having too many occupants in violation of legal or lease limits can be grounds for eviction.

What To Do If You Think Your Unit Is Overcrowded

If your living space feels too crowded or you suspect the number of residents exceeds local standards:

• Check with your local housing authority to confirm limits
• Discuss concerns with your landlord and, if possible, adjust the number of residents
• File a complaint with your local housing department if needed

Filing a Complaint: Forms and Steps

• Uniform Owner-Resident Relations Complaint Form — Use this form to address housing code or lease violations. For example, if you are being evicted for alleged overcrowding but believe you are within legal limits.
  Find the form on the official New Mexico Magistrate Court website: New Mexico Magistrate Court Forms
• Notice of Non-Compliance — (No specific statewide form; typically written notice suffices.) Use this when informing your landlord in writing about a possible error or to defend your occupancy situation. Clearly state how you are complying with local and state law.

The main tribunal for housing matters is the New Mexico Magistrate Court, where landlords and tenants can resolve disputes, including occupancy and eviction cases.

FAQ: Occupancy Limits and Overcrowding Laws in New Mexico

1. How many people can live in a New Mexico rental apartment?
   Most cities follow the "2 per bedroom plus 1" guideline, but always check your lease or local housing code for specific limits.
2. Can my landlord evict me for having too many roommates?
   If you exceed the legal or lease occupancy limit, your landlord may start eviction. Always get permission before adding roommates.
3. Does my landlord have to approve new roommates?
   Usually yes — most leases require written landlord approval for any new resident. Discuss with your landlord in advance.
4. Which board or court handles rental disputes in New Mexico?
   The New Mexico Magistrate Court handles residential landlord-tenant cases across the state.

Key Takeaways for Renters

• Check both your lease agreement and local housing codes to know the correct occupancy limits for your rental.
• Written landlord approval is usually required before adding roommates or subtenants.
• If facing an overcrowding dispute, use official forms and reach out to your local housing agency or the New Mexico Magistrate Court.

Understanding and following occupancy rules helps protect your rights and maintain safe, legal housing.

Need Help? Resources for Renters

• New Mexico Magistrate Court – Residential landlord-tenant disputes
• New Mexico Regulation and Licensing Department – Landlord-Tenant Resources
• New Mexico Legal Aid – Free tenant legal assistance
• Albuquerque Code Enforcement – Filing housing and occupancy complaints

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1. Albuquerque IPMC Housing Code, Section 404.4.1
2. New Mexico Uniform Owner-Resident Relations Act

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