Landlord/Tenant Resources

New Mexico Legal Aid
Offers civil legal help for low-income people and communities.
Click here to visit the New Mexico legal aid website. 
833-545-4357

Modest Means Helpline (MMH)
A bilingual civil legal telephone helpline and pro bono referral service.
Click here to visit the Modest Means helpline.
505-797-6013 or 888-857-9935

New Mexico Landlord Tenant Hotline
Provides info to tenants and landlords about rights, obligations, and remedies.
For assistance, please call 505-930-5666.

NMLA Renters’ Guide
Information/documents covering all aspects of renting
Click here to visit the NMLA Renter's Guide

Landlords have the right to check a tenant's background, including a credit report and a criminal background check. The landlord may deny an application for bad credit or criminal history.

• Rents cannot be raised during the lease term unless the lease is on a "month-by-month" agreement.
• A landlord must give the tenant 24-hour written notice before entering the property. The landlord must enter at a reasonable time with a reasonable purpose, including if the tenant has requested the landlord do a specific task.
• Tenants must notify their landlord by certified mail if they wish to end the lease before it expires. 
• A landlord cannot refuse to rent to someone because of a disability, ethnicity, sexual orientation, or other reasons protected by the New Mexico Human Rights Act. While age discrimination is illegal, the law requires property leases of any type to be signed by someone at least 18 years old.

If you believe you have been discriminated against because of race, religion, national origin or ancestry, sex, family status (with children), or because of disability, you should seek legal advice (See the Landlord & Tenant Legal Resources section).

If you feel that the terms of your lease are not being met, you can write your landlord a letter specifying your complaint(s). Your landlord cannot evict you because of your complaints. This is called a "retaliatory eviction," and it is unlawful.

A rental agreement or lease sets out the terms of an agreement between the landlord and tenant. A landlord is required by law to provide a tenant with a written rental agreement. The lease or agreement should contain the following:

• Rental period: the agreement may be month-to-month or for a specific period, such as one year. If you rent on a month-to-month basis, the tenant must give the landlord 30 days' notice when they plan to move. Similarly, the landlord must give the tenant 30 days' notice of a change in rent or conditions. 
• Rent and late charges: these terms must be explicitly stated in the lease agreement. The lease must detail when rent is due, where, how, and to whom it will be paid. The lease must also include information about late charges due for late rent payments and when that period begins. The late charge amount may not exceed 10% of the rent by law. An additional fee may be added for returned checks.
• Utilities and appliances: the lease agreement should specify who will be responsible for paying utilities.
• Guest policy: the landlord may have a clause about guests and their use of facilities.
• Pet policy: a landlord may prohibit pets or charge a pet fee or deposit if a pet is permitted.
• Other points in an agreement: a lease or rental agreement may contain many other important points. Click here to refer to Legal Aid's Renter's Guide for additional details.
• Roommates: Any roommate's name must be on the lease to live there. 

The damage deposit is a sum of money paid by a tenant to a landlord at the start of a tenancy to cover potential damages to the property beyond normal wear and tear or for other lease violations. Normal wear and tear are not chargeable against a damage deposit. The landlord is responsible for normal wear and tear.

A landlord may not ask for a deposit greater than one month's rent unless the lease is for more than a year. 

A landlord must provide:

• A signed, detailed list of all existing damages to the tenant must be provided before the move-in date. 
• A signed receipt for the security deposit payment and a receipt for each time rent is paid. 
  • Taking pictures when moving in is the best way to ensure the accuracy of any damage claim.
• A landlord must return damage deposits within thirty days of a tenant moving out. 
• If the landlord claims payment for damages, an itemized list of all the deductions the landlord makes from the damage deposit must be provided. 
  • If the landlord and tenant dispute damages, the issue may be taken to small claims (Magistrate or Metropolitan) court.

The landlord is responsible for keeping a rental property safe and livable. This includes, but is not limited to, providing running water and keeping utilities (electrical items, plumbing, heating, ventilation, etc.) in good working order. 

If repairs are required, the landlord must be notified in writing. Failure to repair the problem is grounds to cancel the lease.

The tenants are responsible for keeping the rental clean and properly using the plumbing and fixtures. Before redecorating, like painting or changing light fixtures, get written permission from the landlord. 

Renter's insurance is a policy that covers your personal belongings. The policy covers you in case of loss (by fire, for example) or liability for claims or lawsuits brought against you. It covers your personal property but does not include any motorized vehicles or animals. Some perils, such as floods, are not covered. Policies can be customized your policy to fit your needs.