New Mexico Landlord-Tenant Laws

Tenant Screening in New Mexico

When screening tenants the laws and rules can vary from one place to another. We’ve created a Guide for New Mexico Tenant Screening. You can get free resources and helpful hints on finding the best tenant.

Regarding Security Deposit

New Mexico state law sets the limit that landlords can collect for security deposits based on the length of the lease agreement. For lease agreements less than 1 year, the landlord may only collect a security deposit equal to one months’ rent. When the lease agreement is greater than 1 year, there is no limit set.

New Mexico law places no requirements on how landlords must hold a tenant’s security deposit.

Landlords must return a security deposits within 30 days after the end of the tenancy.

New Mexico laws concerning security deposits can be found in New Mexico Statutes Sec. 48-8-18.

Regarding Application Fees

New Mexico law places no restrictions on application fees that landlords can collect for tenant screening services.

Regarding Tenant Bad Checks

Civil Penalties: The original amount of the check, plus protest fees and costs of suit.

Criminal Penalties: For a misdemeanor, the tenant could get up to a $1,000 fine, 30 days in jail, or both. For a felony, they could get up to a $1,000 fine, 1 to 3 years in jail, or both penalties.

Allowable Fees: $30

Regarding Notice of Termination for Nonpayment

In New Mexico, a landlord must give a tenant at least 3 days in which to pay rent or vacate. After that, the landlord can begin eviction proceedings according to N.M. Stat. Ann. § 47-8-33(D).