Does New Mexico have rent control?

No — New Mexico has no statewide rent control or stabilization. No statewide rent control exists, and no New Mexico city or county may create any: NMSA 1978 § 47-8A-1 bars every political subdivision and home rule municipality from controlling rental rates for privately owned real property.

Does New Mexico preempt local rent control ordinances?

New Mexico law bars any political subdivision, including home-rule municipalities, from adopting ordinances that control rents for privately owned property, with exceptions for government-owned property and government-subsidized affordable housing.

Can a landlord raise the rent during a fixed-term lease in New Mexico?

Rent may not change during the term unless the lease itself provides for it. At renewal New Mexico expressly regulates the increase: written notice of a proposed increase at least thirty days prior to the end of the term (47-8-15(F)).

How much notice is required to raise the rent in New Mexico?

Verified July 11, 2026 All New Mexico topics →

New Mexico is one of the few states with an express rent-increase statute: a landlord raising the rent on a month-to-month tenancy must give written notice at least 30 days before the periodic rental date specified in the rental agreement — that is, 30 days before the rent due date on which the increase takes effect, not merely 30 days before some effective date.

Cited to NMSA 1978 § 47-8-15 (F) and 3 more New Mexico statutes · Verified July 11, 2026

Notice given mid-cycle therefore pushes the increase to the following rental date. Fixed-term leases get the same protection at renewal: written notice at least 30 days before the end of the term. Since June 20, 2025, increases to non-rent fees have their own stricter rule — 60 days' written notice before the periodic rental date. There is no cap on the size or frequency of increases: New Mexico has no rent control, and NMSA § 47-8A-1 (1991) expressly bars every city and county, including home-rule municipalities, from controlling rents on private property. Repeal bills failed in both 2025 (SB 216) and 2026 (SB 138), so claims that local rent control is now allowed are false.

New Mexico rent increase notice at a glance

Notice — month-to-month	30 days
Varies by increase size	Not addressed by statute
Fixed-term leases	Rent may not change during the term unless the lease itself provides for it. At renewal New Mexico expressly regulates the increase: written notice of a proposed increase at least thirty days prior to the end of the term (47-8-15(F)). The mid-term rule is a contract principle — no UORRA section authorizes mid-term changes.
Statewide rent control / stabilization	No
Rent control details	No statewide rent control exists, and no New Mexico city or county may create any: NMSA 1978 § 47-8A-1 bars every political subdivision and home rule municipality from controlling rental rates for privately owned real property. The 1991 statute, its own one-section article, reaches any ordinance or resolution that controls or would have the effect of controlling those rates. Its exceptions are government management of its own property (subsection B) and privately owned property receiving government benefits or funding under contract expressly to provide reduced rents to low- or moderate-income tenants (subsection C).
Local rent regulation	New Mexico law bars any political subdivision, including home-rule municipalities, from adopting ordinances that control rents for privately owned property, with exceptions for government-owned property and government-subsidized affordable housing.
Frequency limits	Not addressed by statute

Cite this page: "Landlord Atlas, New Mexico Rent Increase Notice Laws (verified July 11, 2026), landlordatlas.com/laws/rent-increase-notice/new-mexico/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the New Mexico statute in the citations section below.

Create a New Mexico rent-increase notice — free, no signup, built on the same verified New Mexico rules as this page.

Notes and caveats

New Mexico has an express rent-increase statute — The 30 days comes from 47-8-15(F), which addresses rent increases directly. It is not derived from a termination-notice provision the way the figure has to be in states with no rent-increase section of their own.
30 days before the rental date, not 30 days flat — The statute requires notice 'at least thirty days prior to the periodic rental date specified in the rental agreement,' which is stronger than 30 days before any chosen effective date. T.W.I.W., Inc. v. Rhudy, 96 N.M. 354, 630 P.2d 753 (1981), construing the identical mechanics in 47-8-37(B), holds that a short notice is ineffective for the intended date but effective for the next ensuing rental date, and that an equivocal raise-or-leave notice does not work as a termination notice.
Sub-monthly tenancies — For periodic residencies shorter than a month, notice must be given at least one rental period in advance.
The 60-day rule is about fees, not rent — 47-8-19.4, enacted by SB 267 § 5 and effective June 20, 2025, requires sixty days' notice before the periodic rental date for increases to fees provided under the rental agreement. Some secondary summaries garble this as a rent rule or as '60 days for month-to-month'; it governs fees, not rent.
Dead-bill debunk: local rent control is still barred — SB 216 (2025) died after one committee at the March 22, 2025 sine die, and SB 138 (2026), 'Repeal Rent Control Prohibition,' died in committee on Action Postponed Indefinitely at the 30-day session's February 19, 2026 sine die (official nmlegis.gov bill pages). Both repeal attempts failed, so the 1991 preemption is unchanged.
The preemption text is identical across official code and mirrors — The official compiled code and the two mirrors carry 47-8A-1 in identical terms as of July 11, 2026. History: Laws 1991, ch. 23, § 1. It is a one-section article (Article 8A) sitting between Articles 8 and 9.
Unchanged by the 2025 amendment — SB 267 restated Subsection F word for word when it amended 47-8-15 in 2025, leaving the notice rule unchanged. Two official sources carry it in identical terms: the RLD compilation and the session law.
No limit on how often rent may be raised — Nothing in the Act limits the frequency of rent increases, which is why no frequency limit is shown.

Common questions: New Mexico rent increase notice

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How many days' notice must a landlord give before raising rent in New Mexico?: 30 days.
Does New Mexico have rent control?: No — New Mexico has no statewide rent control or stabilization. No statewide rent control exists, and no New Mexico city or county may create any: NMSA 1978 § 47-8A-1 bars every political subdivision and home rule municipality from controlling rental rates for privately owned real property.
Does New Mexico preempt local rent control ordinances?: New Mexico law bars any political subdivision, including home-rule municipalities, from adopting ordinances that control rents for privately owned property, with exceptions for government-owned property and government-subsidized affordable housing.
Can a landlord raise the rent during a fixed-term lease in New Mexico?: Rent may not change during the term unless the lease itself provides for it. At renewal New Mexico expressly regulates the increase: written notice of a proposed increase at least thirty days prior to the end of the term (47-8-15(F)).
How often can a landlord raise the rent in New Mexico?: Not addressed by statute.

Statute citations

NMSA 1978 § 47-8-15 (F) (verified 2026) Official source
NMSA 1978 § 47-8A-1 (official compiled code, NMSA Unannotated ch. 47; sight-read 2026-07-11) (A)-(C) (verified 2026) Official source
NMSA 1978 § 47-8A-1 (mirror) (verified 2026) Unofficial mirror
NMSA 1978 § 47-8-19.4 (fee-change notice) (verified 2026) Official source

How this record was verified: Verbatim reads of two independent official documents, each downloaded and read in full: (1) the NM Regulation & Licensing Department's official UORRA compilation PDF (rld.nm.gov, 2019 edition) for sections 47-8-15 (pre-2025 baseline), 47-8-18, 47-8-24, 47-8-37 and full-chapter negative sweeps (no escrow/interest-account rule, no grace period, no pet-deposit statute, no frequency limit); and (2) the final (enrolled, SJC substitute) version of 2025 SB 267 on nmlegis.gov (Laws 2025, ch. 122, signed 2025-04-08, effective 2025-06-20) for the current text of 47-8-15 (5% late fee), new sections 47-8-19.1 to 47-8-19.4, and amended 47-8-48. Every critical figure reconciled against FindLaw (mirror stamped current 2024-01-01) and Justia 2025-edition amendment notes; the two officials agree with each other and the mirrors on the 1-month deposit cap for sub-annual agreements, annual-lease interest trigger, 30-day return, $250 bad-faith penalty, 5% late fee and its notice-to-assess mechanic, 30-days-before-the-rental-date increase rule, and 24-hour written entry notice. Section 47-8A-1 (rent control preemption) initially verified on two mirrors reconciled verbatim (Justia + FindLaw) because the official host nmonesource.com does not offer stable section links; a same-day (2026-07-11) direct read of the official compiled code on nmonesource.com (NMSA Unannotated, Chapter 47) then sight-verified 47-8A-1 verbatim (subsections A-C, History: Laws 1991, ch. 23, § 1), the compiled 47-8-15 text including the 5% subsection (D) and the 2025 ch. 122 history line, the compiled section numbers 47-8-19.1 through 47-8-19.4, and the unamended history lines of 47-8-18 (1975/1985/1989) and 47-8-24 (1975/1995) — all matching the figures shown here. Pending-bill sweep 2026-07-11: 2026 regular session (30-day) adjourned sine die 2026-02-19; SB 138 (repeal rent control prohibition) died in committee (Action Postponed Indefinitely, confirmed on the official nmlegis.gov bill page); no UORRA bill touching the four topics passed.