Can a landlord ask for more than one month’s rent upfront in New Mexico?

Yes, a landlord can request multiple months of prepaid rent, but this amount must be clearly outlined in your rental agreement and is separate from the security deposit.

Is prepaid rent refundable if I move out early?

Unused prepaid rent must be refunded to the tenant if they move out, unless otherwise specified in the lease or if the tenant violated lease terms.

Are there government forms for prepaid rent disputes?

There are no specific prepaid rent dispute forms, but you can use the Move-In/Move-Out Checklist as evidence and contact the New Mexico Courts Self-Help Center for support.

How soon must the landlord return prepaid rent after I move out?

Unused prepaid rent and deposits must be returned within 30 days after you move out, as required by New Mexico law.

What if my lease doesn’t specify anything about prepaid rent?

You should only pay the standard rent and any permitted deposit at move-in; challenge any extra payments not detailed in your lease.

Prepaid Rent Rules for New Mexico Renters

Rent, Fees & Security Deposits New Mexico published: June 21, 2025

If you’re a renter in New Mexico, understanding how prepaid rent works is key to protecting your finances and your rental rights. Whether you’re starting a new lease, renewing, or facing requests for up-front payments, New Mexico law sets clear boundaries and procedures for prepaid rent.

What Is Prepaid Rent?

Prepaid rent is any rent paid before it’s due. This could mean paying the first month up-front, or the landlord may request additional months' rent at lease signing. While some upfront payments are common, there are specific rules for how these payments are handled in New Mexico.

New Mexico Laws on Prepaid Rent

In New Mexico, a landlord can request prepaid rent in addition to the security deposit. However, state law regulates both:

Security deposit limit: If your lease is for less than one year, the security deposit cannot exceed one month’s rent.
Prepaid rent: There is no statutory limit, but any prepaid rent is considered separate from the security deposit and must be described clearly in your rental agreement.
Landlords must provide a written receipt for any prepaid rent you pay upon request.
When you move out, any unused prepaid rent must be refunded, just like a refundable deposit—unless it was properly applied to your final month’s rent.

The key law governing these arrangements is the New Mexico Uniform Owner-Resident Relations Act.^[1]

Prepaid Rent vs. Security Deposit: What’s the Difference?

Many renters confuse prepaid rent with the security deposit. In New Mexico:

Security deposit is money held for damages or unpaid rent and is refundable.
Prepaid rent is advance payment for future occupancy—not a deposit. It must be clearly designated by the lease.

Be sure to check your rental agreement for clear language on what up-front sums cover, and request clarification in writing if needed.

Required Forms and How to Use Them

Move-In/Move-Out Inspection Checklist (no state-assigned number):
- Purpose: Protects both you and the landlord by documenting the unit’s condition at the start and end of your lease.
- When to use: Complete with your landlord before moving in; keep a signed copy. Repeat at move-out for deposit and prepaid rent disputes.
- Access a sample checklist on the NM Real Estate Commission site.
Written Receipt of Prepaid Rent (no standard form):
- Landlords must give a written receipt upon request. This should specify whether payment is for rent, deposit, or both.
- If your landlord does not provide one, request it in writing and keep a copy for your records.

Always store copies of all receipts and checklist forms—they are critical in deposit, rent, or move-out disputes.

What To Do If There’s a Dispute

If you believe you’ve overpaid, or if your landlord won’t refund unused prepaid rent, start by communicating in writing. If that fails, you may seek resolution with the New Mexico courts or request assistance from housing authorities.

The official agency handling landlord-tenant matters in New Mexico is the New Mexico Courts—Landlord-Tenant Self-Help Center.

Tip: Document all rent payments and correspondence. It’s your best defense if disagreements arise.

Action Steps for Renters

Before you pay any up-front rent, read your lease carefully—ask your landlord what each payment covers.
After payment, request a written receipt indicating the type and amount of each payment.
Complete a Move-In/Move-Out Checklist with your landlord, and keep signed copies.
If you move out, check your final account statement to confirm that prepaid rent was properly applied or refunded.
If you need to recover funds, contact the Landlord-Tenant Self-Help Center or consider Small Claims Court.

A little preparation helps prevent misunderstandings down the road and secures your rights as a tenant in New Mexico.

Frequently Asked Questions

Can a landlord ask for more than one month’s rent upfront in New Mexico?
Yes, a landlord can require multiple months’ rent in advance as prepaid rent, but this must be clearly stated in the rental agreement and is separate from the security deposit.
Is prepaid rent refundable if I move out early?
If you move out before prepaid rent is used, the landlord must refund any unused portion, unless the lease says otherwise or you have broken the lease terms.
Are there government forms for prepaid rent disputes?
No specific government form exists for prepaid rent disputes, but you can file a complaint through the New Mexico Courts or use the Move-In/Move-Out Checklist to support your case.
How soon must the landlord return prepaid rent after I move out?
Landlords have up to 30 days to return unused prepaid rent and deposit after you move out, according to state law.
What if my lease doesn’t specify anything about prepaid rent?
Then only normal rent and any permitted deposit are owed at move-in. Any extra payment not described in the lease could be disputed.

Conclusion: Key Takeaways for New Mexico Renters

Prepaid rent and security deposits are different—know what you’re paying for.
There’s no state limit for prepaid rent, but always require clear lease language and receipts.
Disputes over prepaid rent can be resolved through the New Mexico Courts’ landlord-tenant resources.

Staying informed on these regulations will help you avoid common pitfalls with up-front payments in New Mexico rentals.

Need Help? Resources for Renters

New Mexico Courts—Landlord-Tenant Self-Help: Guidance for tenant rights and small claims.
NM Real Estate Commission Tenant Resources: Checklists, sample letters, and tenant protections.
2023 New Mexico Uniform Owner-Resident Relations Act (full text)