New Mexico rent increase law

To raise rent in a month-to-month residency, give the tenant written notice at least 30 days before the periodic rental date in the rental agreement. In a fixed-term residency, give it at least 30 days before the term ends. For a periodic residency shorter than a month, give written notice at least one rental period before the first increased payment. New Mexico bars local rent control.

NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8A-1

• Raising a fee set by the rental agreement needs 60 days' written notice before the periodic rental date or the end of a fixed term, or one rental period for a residency shorter than a month. NMSA 1978 § 47-8-19.4
• A rent increase may not be retaliation. A uniform increase at the end of the term or under the agreement, matching similar units and not aimed at one tenant, is allowed. NMSA 1978 § 47-8-39(A), (C) See Retaliation on the New Mexico page
• No city or county may enact rent control on privately owned property, except housing funded for reduced rents. NMSA 1978 § 47-8A-1 See Rent control and local rules on the New Mexico page
• When preparing a change notice, compare the current and proposed base rent separately from each required fee. Show the unit, tenant names, amount of each change and the date each change is intended to begin. Use the applicable rent or fee notice period above rather than assuming every adjustment uses thirty days. Keep the notice and delivery record with the agreement, then record any negotiated revision before changing recurring charges. If the tenant plans to leave, confirm the separate termination notice and move-out arrangements instead of treating a rejected proposal as completed termination. NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8-19.4 See Ending a month-to-month tenancy on the New Mexico page

No city, county or other political subdivision may adopt an ordinance that controls rents on privately owned property. The ban does not reach housing that receives government benefits or funding under contract to provide reduced rents for low- or moderate-income tenants.

NMSA 1978 § 47-8A-1

• The Owner-Resident Relations Act covers every rental of a home in New Mexico, wherever the agreement is made, but exempts some arrangements such as transient hotel stays, employee housing tied to the job, institutions, sale contracts and fraternal housing. NMSA 1978 § 47-8-8 NMSA 1978 § 47-8-9
• Local housing codes still matter: your repair duty starts with minimum housing codes affecting health and safety. NMSA 1978 § 47-8-20(A)(1)

You may not raise rent, cut services, or bring or threaten an eviction because a tenant who is complying with the rental agreement has, within the previous six months, complained to a housing code agency, joined or organized a tenants' group, exercised rights under the Act in good faith (including a written repair request), made a fair housing complaint, won or has pending a lawsuit against you about the residency, testified for another tenant, or lawfully abated rent.

NMSA 1978 § 47-8-39

• A tenant facing retaliation may use it as a defense to eviction and recover two times the monthly rent, plus attorneys' fees and costs if they prevail. NMSA 1978 § 47-8-39(B) NMSA 1978 § 47-8-48(A), (C)
• A uniform increase or service change at the end of the term, or under the agreement, that matches similar units and is not aimed at the tenant is allowed. NMSA 1978 § 47-8-39(C)
• You may still sue for possession for unpaid rent, a material breach, a substantial violation, tenant-caused code violations, or code work that requires the tenant to leave. NMSA 1978 § 47-8-40