Rent Control Laws and Local Rent Caps in New Mexico Cities

Rent Control & Rent Stabilization New Mexico published June 21, 2025 Flag of New Mexico

Understanding how rent control, rent caps, and local rent ordinances work in New Mexico is an important part of protecting your rights as a renter. With concerns around rising rents and housing affordability, many tenants want to know whether their city or town has any protections or limits on how much landlords can raise rent. This article explains the law, your options, and where to get reliable help if needed.

Are There Statewide Rent Control Laws in New Mexico?

As of this year, New Mexico does not have any statewide rent control or rent stabilization law. The key legislation that governs landlord and tenant relationships is the New Mexico Uniform Owner-Resident Relations Act [1]. This law sets out the rules for rental agreements, rent increases, eviction notices, and habitability standards across the state.

Can Cities in New Mexico Set Their Own Rent Control Ordinances?

New Mexico law specifically prevents local governments from passing their own rent control ordinances. Section 47-8A-1 of the Act states that cities, counties, or other local governments cannot enact regulations that control residential rent unless the state legislature allows it.

  • No city—including Albuquerque, Santa Fe, Las Cruces, or others—currently has rent control or rent caps for private rentals.
  • Some local governments and agencies may provide rental assistance or affordable housing programs, but these are not the same as rent control laws.
  • Certain subsidized or government-funded housing may have specific rent limitations set by housing authorities, which only apply to those particular properties.

As a renter, it's important not to assume your city has protections unless they're specifically announced by your local government—and in New Mexico, such policies are currently not allowed under state law.

What Are the Rules for Rent Increases in New Mexico?

While there are no formal rent caps, the law does require landlords to give proper notice before raising your rent. Under the Uniform Owner-Resident Relations Act:

  • For month-to-month rentals, landlords must provide at least 30 days' notice in writing before the effective date of any rent increase.
  • If you have a lease for a fixed term (e.g., one-year lease), your rent cannot be increased until the lease period ends—unless your lease agreement says otherwise.

There is no limit on the amount or percentage your rent can be increased, as long as the landlord follows the proper notice requirements and is not acting in retaliation or discrimination.

Ad

What Forms or Documents Should Renters Know?

If you feel your rent is being raised unfairly, or if proper notice is not given, you may want to communicate with your landlord in writing and keep good records. In New Mexico, there is no official statewide form for contesting a rent increase, but the following documents are commonly used:

  • Written Notice of Rent Increase – This is a written letter or notice provided by your landlord. If you did not receive at least 30 days' written notice for a rent increase on a month-to-month rental, you can ask your landlord for proof or challenge the increase.
    Example: If your rent is increased on June 1st but you received notice only on May 10th, the increase is not valid until 30 days have passed.
  • Resident Complaint Form – If you believe a landlord is violating state law (e.g., not following notice rules), you can file a complaint with the New Mexico Real Estate Commission. There is no unique landlord-tenant complaint form, but renters may submit a general "Complaint Form" available on their site.

It's a good idea to send important notices to your landlord using certified mail or another method that provides proof of delivery. You can also reach out to local legal aid services for help drafting or understanding forms.

Who Resolves Rent Disputes in New Mexico?

For most residential disputes, including those about rent increases, notices, or eviction, the New Mexico Magistrate Court system handles landlord-tenant cases. If negotiations with your landlord fail, this is where you would file or respond to court actions.

If you need to challenge a rent increase notice or eviction, consult your local Magistrate Court or seek help from legal aid. Documentation and timely response are crucial.

Relevant New Mexico Tenant Rights Legislation

Check your lease agreement for any additional local policies, but remember: statewide law limits what local governments can do around rent control.

Frequently Asked Questions

  1. Does any city in New Mexico have rent control for private rentals?
    No. State law prevents any city from passing its own rent control ordinance, so there are currently no rent caps for private market rentals in New Mexico.
  2. What notice must a landlord give before raising my rent?
    For month-to-month leases, a landlord must provide at least 30 days' written notice before the rent increase takes effect.
  3. Are there rent limits for government-subsidized housing?
    Some government-subsidized or affordable housing units, like those managed by public housing authorities, can have specific rent limits or formulas. These do not apply to regular market rentals.
  4. Where can I file a complaint about an illegal rent increase?
    Renters can submit a complaint to the New Mexico Real Estate Commission or seek resolution in Magistrate Court.
  5. Can my landlord raise my rent for retaliation?
    No. It is illegal for a landlord to raise rent in retaliation for you exercising your rights. If you believe this has happened, document your situation and seek legal support.

Key Takeaways for New Mexico Renters

  • There are no rent control or local rent caps allowed in New Mexico as of this year.
  • Landlords must give 30 days’ written notice before raising rent on month-to-month agreements.
  • Disputes can be addressed in Magistrate Court or with the help of the Real Estate Commission and legal aid.

Always keep written records and know your rights under the Uniform Owner-Resident Relations Act.

Need Help? Resources for Renters

  1. [1] Uniform Owner-Resident Relations Act, Chapter 47, Article 8, New Mexico Statutes
  2. Section 47-8A-1: Preemption of Rent Control by Local Governments
  3. New Mexico Courts - Self-Help Landlord-Tenant Resources
  4. New Mexico Housing Authority - Rental Assistance

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
Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

Related Articles