Do I need to have a written lease to rent as a student in New Mexico?

No, but having a written lease is strongly recommended because it clearly states your rights and what you and your landlord have agreed to. Oral leases are legal for periods of one year or less, but disputes can be harder to resolve without written evidence.

How much notice does my landlord need to give before raising my rent?

For month-to-month rentals in New Mexico, your landlord must give you at least 30 days’ written notice before increasing rent.

What happens if my roommate moves out early?

If you signed the lease together, you are both 'jointly and severally liable,' meaning you may be responsible for covering their share unless the lease states otherwise or the landlord agrees to a change.

Can my landlord evict me immediately?

No. Your landlord must provide proper written notice and follow court eviction procedures. For most reasons, such as nonpayment, this includes a 3-day notice and the right to a hearing.

How do I request needed repairs?

Send your landlord a written 7-day notice describing the repair issue. Keep a copy for your records. If repairs aren't made, you may have legal remedies under state law.

Student Housing Rights for College Renters in New Mexico

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

Living off-campus as a student in New Mexico comes with important rights and responsibilities. Understanding the laws and resources available can protect you from unexpected issues, ensure your housing is safe, and help you handle problems like rent increases, repairs, or ending your lease early. New Mexico’s laws offer specific protections to student renters whether you're leasing an apartment, renting a room, or living in other private accommodations.

Key Rights for Student Renters in New Mexico

Student renters in New Mexico are protected by state tenancy laws just like any other tenant. Here are the main rights and protections affecting students:

Right to a Written Lease: Most off-campus rentals require a written lease outlining terms. Consider reviewing your lease carefully before signing.
Security Deposit Protections: Landlords may request a security deposit, but it cannot exceed one month’s rent unless the lease is longer than one year. After moving out, deposits must be returned within 30 days unless deductions are outlined in an itemized list.
Required Disclosures: Landlords must disclose contact details, rental rules, and lead-based paint warnings (if applicable).
Repairs and Habitability: Your rental unit must be safe and livable, and landlords must make necessary repairs within 7 days of a written notice for non-emergency items.
Notice of Rent Increases: Landlords must provide at least 30 days’ written notice before increasing rent on month-to-month leases.
Protection from Unlawful Eviction: Evictions can only be processed through court, and you have the right to written notice and the chance to respond.

Common Issues Faced by Student Renters

Students often face unique situations, like seasonal or short leases, roommate changes, or questions about breaking a lease. If your living situation changes (for example, moving out before a lease ends because of graduation or changing schools), you must follow lease terms or negotiate with your landlord for early termination.

Understanding Roommate Responsibility

If you sign a lease with others, you are likely "jointly and severally liable." This means if one roommate leaves, the rest could be responsible for missing rent or damages. Communicate clearly with both your roommates and landlord if anyone decides to move out early.

Official Forms for New Mexico Student Renters

7-Day Notice to Landlord to Repair: Use this written notice if your landlord does not address repairs that affect health or safety.
Example: You submit a written letter stating the repairs needed (leaky plumbing, broken lock) and give your landlord 7 days to respond. If they do not, you may have legal options under the law.
Learn more about landlord repair obligations (NM Stat. Ann. § 47-8-20)
3-Day Notice of Nonpayment of Rent: If you miss rent, your landlord can issue this notice. It gives you 3 days to pay or vacate before court action can start.
Example: If you're late on rent, you'll receive an official written notice. If rent is not paid or you do not move out, the landlord may file for eviction in court.
See eviction process instructions (New Mexico Courts)
Itemized Statement of Deductions: When you move out, your landlord must provide this document if any part of your deposit is withheld.
Example: You move out and your landlord sends a list (by mail) of any damages and related costs deducted from your deposit within 30 days.
Review the New Mexico Uniform Owner-Resident Relations Act

Eviction and Lease Termination Protections

Student renters receive the same eviction and lease termination protections as all tenants. Landlords must follow procedures set by the New Mexico Uniform Owner-Resident Relations Act, including proper notice and the right to a court hearing before any eviction can take place.

If you receive an eviction notice, do not ignore it. Seek resources and consider responding or appearing in court as required.

Important Contacts: Who Handles Rental Disputes?

Rental disputes in New Mexico are generally managed by the local Magistrate or Metropolitan Court, depending on your county. You can find more information about filing a complaint, responding to eviction, or accessing landlord-tenant forms directly via the New Mexico Courts Landlord-Tenant Resources.

Relevant Tenancy Legislation

Student housing rights in New Mexico are set out in the New Mexico Uniform Owner-Resident Relations Act. This statute describes your rights to repairs, proper notice, lease enforcement, and more.

Frequently Asked Questions

Do I need to have a written lease to rent as a student in New Mexico?
No, but having a written lease is strongly recommended because it clearly states your rights and what you and your landlord have agreed to. Oral leases are legal for periods of one year or less, but disputes can be harder to resolve without written evidence.
How much notice does my landlord need to give before raising my rent?
For month-to-month rentals in New Mexico, your landlord must give you at least 30 days’ written notice before increasing rent.
What happens if my roommate moves out early?
If you signed the lease together, you are both "jointly and severally liable," meaning you may be responsible for covering their share unless the lease states otherwise or the landlord agrees to a change.
Can my landlord evict me immediately?
No. Your landlord must provide proper written notice and follow court eviction procedures. For most reasons, such as nonpayment, this includes a 3-day notice and the right to a hearing.
How do I request needed repairs?
Send your landlord a written 7-day notice describing the repair issue. Keep a copy for your records. If repairs aren't made, you may have legal remedies under state law.

Conclusion: Key Takeaways for New Mexico Student Renters

Know your lease terms and keep documentation of all communications.
Send written notices when requesting repairs or ending your lease.
Seek help early from official state sources if you face eviction or a dispute.

Being aware of your student housing rights helps you avoid surprises and resolve problems quickly.

Need Help? Resources for Renters

New Mexico Courts - Landlord/Tenant Help: Official forms, filing instructions, and legal information.
Uniform Owner-Resident Relations Act (OORRA): The main law covering tenant and landlord rights and duties.
Law Help New Mexico: Renters’ Guide: Guidance and links to local tenant resources.
Contact your local university or college housing office—they often provide student-specific housing support and legal aid referrals.