New Mexico lacks statewide rent control in 2026, allowing landlords unlimited increase amounts with just 30 days’ written notice for most tenancies. The 1991 Rent Control Preemption Act bans local caps, though mobile home parks face new limits from 2025 reforms.
Notice Requirements
Landlords must deliver written notice stating the new rent and effective date, at least 30 days before month-to-month or fixed-term changes. Verbal notices invalid; shorter weekly tenancies need 7 days.
During fixed leases, hikes only at renewal unless agreed. Failure voids increase; tenants pay old rate until compliant.
No Caps on Amounts
No limits on hike size or frequency—landlords can raise 20%, 50%, or more anytime post-notice. Market drives rates; Albuquerque/Santa Fe saw 10-15% averages in 2025.
SB 267 (2025) mandates 60 days’ notice for new rental fees (applications, pets), capping apps at $50. No base rent changes.
Mobile Home Exceptions
HB 442 (effective July 2025) caps park lot rent: 3% max July 2025-June 2026, 5% annual after (or inflation/workgroup recs). One hike/year max.
Violations double monthly rent liability; utilities tied in. Workgroup studies ongoing.
Tenant Protections
Uniform Owner-Resident Relations Act bars retaliatory/discriminatory hikes (e.g., post-repair requests). Habitability warranty lets withhold if unsafe.
Security deposits max one month’s rent; return in 30 days or itemize. Evictions need cause post-notice.
| Scenario | Notice | Limit? |
|---|---|---|
| Month-to-Month | 30 days written | None |
| Fixed Lease Renewal | 30 days pre-end | None |
| Rental Fees (New) | 60 days | App fee $50 max |
| Mobile Home Lots | 30 days | 3-5% annual |
Landlord Obligations
Provide habitable units (heat, plumbing); 24-hour entry notice non-emergency. No junk fees beyond disclosed; HB 194 eyes affordable projects but no broad caps.
2026 outlook: No repeal of preemption despite pushes; property tax hikes capped at 3% for rezoning.
Tenant Strategies
Document notices; negotiate or shop markets. Legal Aid aids disputes; check leases for escalation clauses. Report violations to AG for unfair practices.
SOURCES:
- https://www.hemlane.com/resources/new-mexico-rent-control-laws/
- https://www.tenantcloud.com/blog/rent-increase-laws
