New Mexico Statewide Rule
New Mexico Rent Increase Notice Requirements
Key Facts
- Notice required
- At least 30 days (NMSA 47-8-15(F))
- Form
- Written notice required
- Increase cap
- No statutory maximum
- Local rent control
- Preempted statewide
Summary
Under the Uniform Owner-Resident Relations Act, NMSA 47-8-15(F) lets a New Mexico owner raise rent on a month-to-month residency only with written notice given at least 30 days before the periodic rental date. New Mexico sets no cap on the amount and preempts local rent control.
An owner may increase the rent payable by the resident in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty days prior to the periodic rental date specified in the rental agreement or, in the case of a fixed term residency, at least thirty days prior to the end of the term. In the case of a periodic residency of less than one month, written notice shall be provided at least one rental period in advance of the first rental payment to be increased.
Full Breakdown
NMSA 47-8-15(F) provides that an owner 'may increase the rent payable by the resident in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty days prior to the periodic rental date specified in the rental agreement or, in the case of a fixed term residency, at least thirty days prior to the end of the term.' The notice must be in writing and properly timed; a fixed-term lease cannot be increased mid-term. New Mexico caps no dollar amount, and NMSA 47-8A-1 (effective 1991) bars municipalities from enacting rent control, so the 30-day notice is the principal constraint on a periodic-tenancy increase.
Violations & Penalties
No specific statutory penalty. A rent increase served with less than the required 30 days' written notice is ineffective; the prior rent remains the amount legally owed until valid notice has run.
Frequently Asked Questions
How much notice must a New Mexico landlord give before raising rent?
Is there a limit on how much rent can be raised in New Mexico?
Sources
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