Is rent control legal anywhere in New Mexico?

No. New Mexico state law prohibits any city or county from creating rent control on private residential properties.

How much notice do I get before my rent increases?

For month-to-month rentals, landlords must give at least 30 days’ written notice before raising the rent.

Where do I go if I have a dispute with my landlord?

Rental disputes, including over rent and evictions, are handled by your local New Mexico Magistrate Court.

Are there any official rent control forms for New Mexico renters?

No, because New Mexico does not have rent control. For general complaints or disputes, use the court-approved forms from the New Mexico Courts website.

Could rent control laws change in the future?

Yes, new legislation could be proposed, but currently there are no active state or local rent control laws in New Mexico.

Will New Mexico Get Rent Control? What Renters Need to Know

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

Many New Mexico renters are concerned about sudden rent increases and housing affordability. With rising interest in rent control across the U.S., it's important to know your rights, how rent regulation laws work, and what changes might be coming in New Mexico. This article explains current New Mexico laws, efforts to change them, and what renters should look for in the future.

Current Status of Rent Control in New Mexico

New Mexico does not have state or local rent control or rent stabilization laws. In fact, it has a "preemption law" preventing cities or counties from enforcing their own rent control policies. State law says that no municipality or county can enact or enforce rent control on private residential properties. This means landlords can typically raise rent as they wish, provided they follow notice rules under state law.

The key law governing renter protections is the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8), which outlines landlord and tenant rights, but does not regulate how much rent can be charged.^[1]

How Is Rent Increase Regulated?

While there is no cap on rent increases, landlords must give at least a 30-day written notice before increasing rent for month-to-month tenancies. For leases with longer terms, rent increases cannot occur until the end of the lease unless otherwise specified.

Landlords must provide a 30-day written notice before raising rent for periodic tenancies.
There is no official government form for notice of rent increase, but written notice should be dated and delivered per the lease or by state law.
If you have questions about a rent increase, contact your local New Mexico Attorney General Consumer & Constituent Services Division.

Efforts and Proposals for Rent Control Legislation

In recent years, there has been increased discussion in the New Mexico state legislature about changing existing rent control policy. Some advocates and lawmakers have proposed repealing the preemption law to allow cities or counties to set their own rent control rules. So far, no rent control legislation has passed. However, continued public discussion and advocacy may lead to future changes affecting renters.

What Could Change in the Future?

If the state preemption law is amended or repealed, some New Mexico cities (like Albuquerque or Santa Fe) might consider introducing rent stabilization programs similar to those in other states. These would typically:

Limit the amount or frequency of rent increases
Require additional notice before raising rent
Establish administrative boards to oversee disputes about rent or rental conditions

Any such changes would take time, usually involving public hearings and city or state legislation. Be sure to check the New Mexico Legislature website for updates on any active bills regarding rent control.

Tip: If you're facing a steep rent increase, always ask your landlord for written notice and save all communications. You may also want to review your original lease for specific terms about rent changes.

Official Forms and Where to Get Help

For most rent or eviction issues, renters use the following official forms and resources:

Petition by Resident (Self-Help Form): Used when you need to file a complaint or assert your rights in court, such as for improper rent increases or eviction.
Official source: New Mexico Courts Self-Help Center
Example: If your landlord increases your rent without required notice, you can use this form to start a court case.
Notice to Quit: Used by either the landlord or tenant to end a rental agreement. While there's no specific government-issued template, it must be in writing and follow requirements in the Uniform Owner-Resident Relations Act.
Complaint for Money Due or to Recover Possession of Real Property (Form 4-902): Used when your landlord files for eviction or you need to defend against an improper case.
Download from the official Magistrate Court Forms page.
Example: If you receive an eviction notice you believe is in error, respond using this form to state your defense.

All tenant-landlord disputes in New Mexico are handled by the state court system. For most rental issues, your case will go to your local Magistrate Court. These courts oversee eviction cases and other housing matters.

Relevant Laws and Tribunal Information

The guiding law for rental housing in New Mexico is the Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8).^[1] The official tribunal handling tenancy disputes is the New Mexico Magistrate Court.^[2]

Frequently Asked Questions

Is rent control legal anywhere in New Mexico?
No. As of now, New Mexico state law prevents any local or state government from enacting rent control on private residential properties.^[1]
What notice do I get before rent increases?
For month-to-month rental agreements, your landlord must give at least 30 days’ written notice before increasing your rent.
Who handles disputes about rent increases or evictions?
The New Mexico Magistrate Court system reviews most rental disputes, including rent increases and evictions.^[2]
What should I do if I suspect an illegal rent increase?
First, request written notice and consult your lease. If you still have concerns, consider contacting the New Mexico Attorney General or filing a legal complaint in Magistrate Court.
Where can I find official tenant-landlord forms?
You can access approved forms through the New Mexico Courts official forms page and by contacting your local Magistrate Court.

Key Takeaways for New Mexico Renters

There is currently no state or local rent control in New Mexico as of this year.
Landlords can raise rent after providing a 30-day written notice for most periodic leases.
Future policy changes are possible but would require state-level legislative action; stay informed by following updates at the New Mexico Legislature.

Need Help? Resources for Renters

New Mexico Magistrate Court – Tribunal for rental disputes and evictions
New Mexico Courts Forms – Official tenant-landlord legal forms
New Mexico Attorney General Consumer & Constituent Services Division – File rental complaints or request help
New Mexico Mortgage Finance Authority – Affordable housing resources and programs