Navigating rent increases in New Mexico requires understanding both longstanding statutes and new developments for 2025. Here’s what renters need to know:
No Statewide Rent Control—But Notice Is Required
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No Rent Control: New Mexico does not have statewide rent control, and state law prohibits cities and counties from enacting local rent control ordinances. This means landlords are generally free to set and raise rents as they see fit, subject to market conditions and lease terms.
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Notice Requirements: Landlords must provide written notice before increasing rent:
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For increases less than 10%: At least 30 days’ written notice is required.
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For increases over 10%: More notice may be required, and tenants should check their lease agreements for any specific terms.
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When Increases Can Occur: Rent increases typically take effect at the end of a lease term. For month-to-month or week-to-week leases, the notice period applies before the new rent takes effect.
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New Legislation for 2025: Mobile Home Parks
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Rent Increase Limits for Mobile Home Parks: Starting July 1, 2025, House Bill 442 introduces new protections for residents of mobile home parks and manufactured housing:
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One Increase Per Year: Landlords can only increase rent once within a twelve-month period.
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3% Cap: For fiscal year 2026, rent increases in these settings cannot exceed 3% of the prior rent amount.
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Reference Date: The cap is based on the rent in effect as of March 1, 2025.
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Broader Protections: Violations of these rules are subject to penalties under the Unfair Practices Act.
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Note: These new limits apply only to mobile home parks and manufactured housing, not to standard apartment or single-family rentals.
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Additional Tenant Protections
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Anti-Retaliation and Discrimination: Landlords cannot raise rent in retaliation for tenants exercising their legal rights or in a discriminatory manner.
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Fee Transparency: As of April 2025, landlords must disclose all rental fees in plain language and notify tenants of any changes to fees during the lease term.
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Maintenance and Habitability: Landlords must maintain rental properties in a safe and habitable condition. Tenants may withhold rent if the landlord fails to make essential repairs, following specific legal procedures.
Security Deposits
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Return Timeline: Security deposits must be returned within 30 days of move-out, with an itemized list of any deductions.
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Table: Key Rent Increase Rules (2025)
| Rental Type | Rent Increase Cap | Notice Requirement | Effective Date |
|---|---|---|---|
| Standard Rentals | No cap | 30 days (under 10%) | Ongoing |
| Mobile Home Parks | 3% per year | 1 increase/year, 3% cap | July 1, 2025 onward |
What Should Renters Do?
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Review Your Lease: Always check your lease for specific terms about rent increases and notice periods.
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Watch for Written Notice: Landlords must provide written notice of any rent increase—verbal notice is not sufficient.
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Seek Help if Needed: If you suspect a rent increase is retaliatory, discriminatory, or violates the law, contact New Mexico Legal Aid or a tenant advocacy group for assistance.
Most New Mexico renters face no cap on rent increases but are entitled to advance written notice. However, residents of mobile home parks will benefit from new protections starting July 2025, limiting increases to once per year and capping them at 3%. All renters are protected from unfair practices and entitled to fee transparency and safe housing.
Sources
[1] https://www.steadily.com/blog/rent-increase-laws-regulations-new-mexico
[2] https://innago.com/new-mexico-landlord-tenant-laws/
[3] https://www.nmlegis.gov/Sessions/25%20Regular/AgencyAnalysis/HB0442_992.pdf
[4] https://www.hemlane.com/resources/new-mexico-rent-control-laws/
[5] https://www.turbotenant.com/rental-lease-agreement/new-mexico/laws/
