State Laws
State Cap: No statute. New Mexico has no statewide limit on rent increase amounts, and political subdivisions or home rule municipalities are statutorily prohibited from enacting local rent control ordinances (§ 47-8A-1).
Notice Period: Landlords must provide advance written notice at least 30 days prior to the first rental payment to be increased (§ 47-8-15(F)). For periodic tenancies of less than one month, written notice must be provided at least one full rental period in advance of the first payment to be increased (§ 47-8-15(F)).
Proof of Service: Notice must be delivered in writing (§ 47-8-15(F)). Under the Uniform Owner-Resident Relations Act, service is legally established when delivered directly to the tenant in hand, sent by certified or registered mail to the tenant’s residence or designated place of receipt, or when steps reasonably calculated to inform the tenant in the ordinary course are taken (§ 47-8-13).
Prohibited Acts: Landlords cannot increase rent as retaliation against tenants for complaining about health or housing code violations, organizing or joining a resident union, or enforcing statutory tenant rights (§ 47-8-39), or for discriminatory reasons under the New Mexico Human Rights Act (§ 28-1-7).
