Can I break my lease without penalty if I get military orders?

Yes, federal law (SCRA) and New Mexico statutes allow military renters to terminate their lease early by giving 30 days’ notice and a copy of official orders.

What should I do if my landlord tries to evict me while I'm deployed?

Notify both the court and your landlord of your active-duty status; the court may delay eviction under SCRA. File a Response to Demand for Eviction if needed.

Are rent increases allowed while I'm serving in the military?

Yes, but your landlord must provide at least 30 days’ written notice. Retaliation or discrimination for military status is not allowed.

Do New Mexico's tenant laws protect my spouse or family if I'm away?

Yes, all occupants named in the lease are protected under state law, even during your deployment. Ensure all residents are listed on the lease.

What legal steps can I take if my landlord withholds my security deposit unfairly?

You may file a Petition by Resident for Restitution with your local court to seek recovery of your deposit if it isn’t returned in 30 days and without valid reason.

Renters’ Rights in Off-Base Military Housing in New Mexico

Special Housing Types & Situations New Mexico published June 21, 2025

Military personnel and their families often rent homes off-base in New Mexico, facing both unique opportunities and challenges. If you are renting outside military housing, you are protected by New Mexico's tenant laws, whether you are active-duty, a reservist, or a civilian affiliate. This article helps you understand your rights, responsibilities, and what to do if you face issues like rent increases, eviction, or maintenance problems when renting off-base in New Mexico.

Understanding Off-Base Military Renting in New Mexico

Off-base housing in New Mexico refers to any rental property not managed by the military, where regular state landlord-tenant laws apply. This means you are covered by the New Mexico Uniform Owner-Resident Relations Act, the primary legislation governing residential tenancies.

Active-duty military renters enjoy additional protections under federal laws, like the Servicemembers Civil Relief Act (SCRA).
Landlords are required to follow all state and federal laws regarding notice of eviction and lease termination for military tenants.
If you experience discrimination or issues specific to your military status, additional help may be available.

Your Key Rights as an Off-Base Military Renter

Right to safe and habitable housing
Protection against unlawful eviction
Written notice for rent increases (at least 30 days in most cases)
The right to terminate your lease early for military orders under SCRA
Access to official complaint processes through the New Mexico Courts - Landlord-Tenant Disputes

Rent Increases, Lease Termination, and Military Protections

In New Mexico, landlords must provide written notice at least 30 days before increasing rent. For lease terminations, different standards apply depending on your lease type:

Month-to-month renters: 30 days' written notice is required for non-renewal or termination.
Fixed-term leases: Tenancy typically ends on the agreed date, unless otherwise stated.

If you receive official military orders requiring you to relocate or deploy, you are entitled to break your lease early under SCRA protections. You must provide written notice and a copy of your orders to your landlord.

Official Forms for Military Renters

30-Day Notice of Intent to Vacate
New Mexico does not provide a standardized statewide form, but you may draft your own notice.
- When to use: If your military orders require you to leave before the lease ends, submit a written 30-day notice to your landlord, along with your orders.
- How to use: Send via certified mail or deliver in person and keep a copy for your records.
- Official guidance: New Mexico Courts - Landlord-Tenant
Petition by Resident (Tenant) for Restitution (NMRA-4-902)
- When to use: If you believe you are being wrongfully evicted or locked out, file this form with your local court.
- How to use: Complete and submit this petition to request a hearing to reclaim possession.
- Access form and instructions
Response to Demand for Eviction (NMRA-4-905)
- When to use: If you receive an eviction notice and wish to challenge it in court.
- How to use: File this form with the court listed on your eviction paperwork by the required deadline.
- Access form and instructions

Tip: Always keep a copy of any notice or communication you send to your landlord, especially if it's related to military status or orders.

Where to Go for Disputes: New Mexico's Tribunal

Landlord-tenant disputes, including those involving military renters, are handled through the New Mexico Courts - Landlord-Tenant Disputes. You may file complaints, defend against eviction, or seek restitution there. Most cases are managed in Magistrate or Metropolitan Courts depending on where you live.

Summary: Key Steps if Issues Arise

Communicate with your landlord in writing
Document all military orders and lease-related correspondence
Seek help promptly if an eviction notice or dispute arises
File the appropriate court form if legal action is necessary

Frequently Asked Questions for Military Renters in New Mexico

Can I break my lease without penalty if I get military orders?
Yes. Under the Servicemembers Civil Relief Act (SCRA) and New Mexico law, you can terminate a lease early by giving written 30-day notice and documentation of your military orders. Your landlord cannot penalize you for this.
What should I do if my landlord tries to evict me while I'm deployed?
If you receive an eviction notice during deployment, notify the court and your landlord of your military status. The court may delay eviction under SCRA protections. Consider submitting the Response to Demand for Eviction (NMRA-4-905).
Are rent increases allowed while I'm serving in the military?
Yes, but your landlord must provide at least 30 days' written notice. There are no special restrictions on rent increases specifically for military renters, but retaliation is not allowed.
Do New Mexico's tenant laws protect my spouse or family if I'm away?
Yes. All occupants named on the lease are protected under New Mexico tenant laws, even during your deployment. Ensure your lease accurately lists all residents.
What legal steps can I take if my landlord withholds my security deposit unfairly?
You may file a Petition by Resident for Restitution (NMRA-4-902) with the local court to seek recovery of your deposit if it is not returned within 30 days and without valid reason.

Conclusion: Key Takeaways for Off-Base Military Renters

Military renters in New Mexico have state and federal protections for lease termination, eviction, and fair housing treatment.
Use written communication for all requests—especially involving military orders or complaints.
File official court forms and seek guidance early if issues with your landlord arise.

Need Help? Resources for Renters

New Mexico Courts Landlord-Tenant Disputes – Tribunal for residential rental disputes, with links to forms and self-help resources.
New Mexico Housing Search – Information on housing resources, including for veterans and military renters.
Servicemembers Civil Relief Act – Federal law protecting military renters.
New Mexico Mortgage Finance Authority – Housing support and guidance.

New Mexico Uniform Owner-Resident Relations Act: View current legislation
NM Courts Landlord-Tenant Forms: View official court forms
Servicemembers Civil Relief Act (Federal): Read SCRA details