Understanding Rent Stabilization Laws in New Mexico

Renters concerned about rising rents and eviction protections often wonder if New Mexico has rent stabilization laws. This article provides a clear overview of current laws, tenant rights, and practical steps for renters facing rent increases or other housing issues in New Mexico.

Does New Mexico Have Rent Stabilization or Rent Control?

As of 2024, New Mexico does not have statewide rent stabilization or rent control.¹

• No city or county in New Mexico has enacted local rent control or stabilization ordinances.
• State law explicitly prohibits local governments from establishing rent control measures.

This means landlords in New Mexico are generally free to set and increase rent, subject to lease terms and proper notice requirements.

How Are Rent Increases Regulated in New Mexico?

While there is no rent control, landlords must still provide notice before increasing rent. The main law protecting renters is the New Mexico Uniform Owner-Resident Relations Act (UORRA).²

Required Notice for Rent Increases

• Month-to-month leases: Landlords must give at least 30 days’ written notice before any rent increase, per State law.
• Fixed-term leases: Rent cannot be increased until the term ends, unless the lease allows increases and describes how they are determined.

Tip: Always request any rent increase in writing if it is not provided. Make sure the notice meets the minimum 30 days’ requirement.

How Should Notice Be Delivered?

• Landlords should deliver notice in person or by mail. Email or text may not qualify unless you have explicitly agreed in writing.
• Keep a record of when and how you receive any rent increase notice.

Can Cities or Counties Create Local Rent Control in New Mexico?

No. Under New Mexico Statutes, Section 47-8-1, local governments are prohibited from implementing their own rent control or stabilization laws.² All rental housing is governed by the UORRA.

What Can Renters Do If Rent Is Raised Unfairly or Without Proper Notice?

If you believe your rent was increased without adequate notice or in violation of your lease, you can contact New Mexico’s landlord-tenant agency for help. If the increase is effective before the required notice period, you may be within your rights to pay the old rent amount and dispute the increase.

Where to Turn for Rental Disputes

• The primary tribunal for residential tenancy issues in New Mexico is the New Mexico Magistrate Court system, which handles landlord-tenant disputes statewide.

Most rental disagreements—such as questions about notice, rent increases, or housing conditions—are handled in these courts.

Official Tenant/Landlord Forms for New Mexico

• Notice of Termination of Rental Agreement (Form 4-902 NMRA):
  Used when either party wishes to end a month-to-month rental agreement. Example: If your landlord increases rent and you decide to move instead, use this form to give proper notice.
  Official source – New Mexico Courts Civil Forms
• Summons and Petition by Resident (Form 4-904 NMRA):
  Used to initiate a court case if you have a dispute about rent or other lease issues. For example: if your landlord raises rent without appropriate notice and you seek relief in court.
  File using the official New Mexico Courts Civil Forms

How to Use These Forms

Always double-check your lease agreement and the specific requirements for notice and documentation. Forms should be filled out and filed in the district or magistrate court where your rental is located.

• Download the form from the official court website.
• Fill in all required renter and property information.
• Submit as instructed to the appropriate court or party.

Key Legislation Protecting New Mexico Renters

• New Mexico Uniform Owner-Resident Relations Act – governs all landlord-tenant relationships statewide.
• New Mexico Magistrate Courts – where landlord-tenant legal disputes are addressed.

Both landlords and renters must comply with the UORRA and any applicable federal laws, such as anti-discrimination rules.

FAQ: Rent Stabilization and Tenant Rights in New Mexico

1. Is there rent control or stabilization anywhere in New Mexico?
   No. New Mexico does not allow rent control or rent stabilization anywhere in the state.
2. How much notice does a landlord have to give before raising rent?
   For month-to-month rentals, at least 30 days’ written notice is required by law.
3. What can I do if my rent is suddenly raised too high?
   First, review your lease. If the increase was without proper notice, you may dispute it in court or seek guidance from the court’s self-help resources.
4. Can my city or county pass its own rent control laws?
   No. State law prohibits any local rent control ordinances in New Mexico.
5. Where can I file a complaint about an illegal rent increase?
   File your dispute with your county Magistrate Court, which handles landlord-tenant matters. Visit the official court self-help page for instructions.

Conclusion: What New Mexico Renters Should Know

• New Mexico does not permit rent stabilization or control at the local or state level.
• Landlords must give 30 days’ written notice before increasing rent for month-to-month leases.
• Tenants can use official court forms to dispute rent issues if laws are not followed.

While rent stabilization is not available in New Mexico, renters have important rights regarding notice and fair treatment under the UORRA and can turn to the Magistrate Court for help.

Need Help? Resources for Renters in New Mexico

• New Mexico Magistrate Court Self-Help (Landlord-Tenant)
• Official New Mexico Legislature – to view State statutes and housing laws
• Uniform Owner-Resident Relations Act (Full Text)
• Contact your local legal aid service, such as New Mexico Legal Aid, for free tenant legal support

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1. New Mexico Legislature: State Statutes and Laws
2. Uniform Owner-Resident Relations Act: N.M. Stat. Ann. §§ 47-8-1 et seq.

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