Last reviewed September 2026
Written by LawLease Editorial
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New Mexico Late Rent Notice
This Late Rent Notice is built with New Mexico as the governing state. These are the New Mexico landlord-tenant rules that most often bear on it, with the statute for each.
New Mexico rules at a glance
| Late fees | Only if the lease provides for one; max 5% of the rent per rental period (down from 10% since June 20, 2025)NMSA §47-8-15(D) |
|---|---|
| Nonpayment eviction notice | 3-day written notice to pay or the agreement terminatesNMSA §47-8-33 |
| Nonpayment | A written 3-day notice of nonpayment; if the rent isn’t paid within three days of delivery, the owner may terminate and file a petition for restitution (§47-8-33(D)). |
| Lease violations | A 7-day notice of noncompliance lets the resident cure. A second material breach within six months of the first gets a 7-day notice with no right to cure; the initial notice must warn of this and be given within 30 days of the breach or the owner’s knowledge of it (§47-8-33(A)–(C)). |
Rent, late fees & fee rules
Rent is payable without demand or notice at the time and place the parties agree (§47-8-15). Senate Bill 267, effective June 20, 2025, rewrote the fee rules — leases drafted before then often recite limits the law no longer allows.
- Late fees — A late fee is allowed only if the rental agreement provides for one, and it can’t exceed 5% of the rent for each rental period the resident is in default. The 5% is calculated on rent alone — not deposits, other fees or utilities — and the owner must give notice of the fee no later than the last day of the next rental period (§47-8-15(D)).
- Rent increases — In a month-to-month residency the owner must give written notice of an increase at least 30 days before the periodic rental date; for a fixed term, at least 30 days before the term ends. For a periodic residency shorter than a month, notice must come at least one rental period ahead (§47-8-15).
- Fee increases — Since 2025, raising a recurring fee also requires advance written notice — 60 days for a month-to-month residency (§47-8-19.4).
- Screening fees — An applicant screening fee is capped at $50, must be refunded if no screening is done, and only one fee may be charged to the same applicant within 90 days (§§47-8-19.2, 47-8-19.3). All rental costs must be itemized in the published listing (§47-8-19.1).
- Rent control — Cities and counties — including home-rule municipalities — may not enact rent control on privately owned housing (§47-8A-1). A 2025 bill to repeal the ban (SB 216) did not pass.
Ending a New Mexico tenancy
| Week-to-week | 7 days’ written notice |
|---|---|
| Month-to-month | 30 days’ written notice before the periodic rental date |
- Nonpayment — A written 3-day notice of nonpayment; if the rent isn’t paid within three days of delivery, the owner may terminate and file a petition for restitution (§47-8-33(D)).
- Lease violations — A 7-day notice of noncompliance lets the resident cure. A second material breach within six months of the first gets a 7-day notice with no right to cure; the initial notice must warn of this and be given within 30 days of the breach or the owner’s knowledge of it (§47-8-33(A)–(C)).
- Substantial violations — Serious conduct within 300 feet of the unit — such as drug dealing, unlawful use of a deadly weapon, or causing serious physical harm — supports a 3-day notice of termination (§47-8-33(I)).
- Military — Active-duty servicemembers with qualifying orders may terminate under the federal SCRA (50 U.S.C. §3955).
New Mexico Late Rent Notice FAQs
What is the maximum late fee in New Mexico?
5% of the rent for each rental period the tenant is in default — cut from 10% effective June 20, 2025. The lease must provide for the fee, it’s calculated on rent only, and the owner must notify the tenant of it by the end of the following rental period (NMSA §47-8-15(D)).
What eviction notice is required for unpaid rent in New Mexico?
A written 3-day notice of nonpayment. If the tenant doesn’t pay within three days of receiving it, the owner may terminate the agreement and file a petition for restitution in court (NMSA §47-8-33).
More New Mexico landlord documents
- New Mexico Residential Lease Agreement
- New Mexico Eviction Notice
- New Mexico Security Deposit Return Letter
- New Mexico Rent Increase Notice
- New Mexico Notice to Vacate
- New Mexico Application Approval Letter
- New Mexico Application Denial Letter
- New Mexico Background & Credit Check Authorization
- New Mexico Rental Application
- New Mexico Co-Signer Guarantor Agreement
- New Mexico Bed Bug Addendum
- New Mexico Mold & Mildew Addendum
- New Mexico No-Smoking Addendum
- New Mexico Parking & Storage Addendum
- New Mexico HOA & Community Rules Addendum
- New Mexico Crime-Free Housing Addendum
- New Mexico Utilities & Services Addendum
- New Mexico Early Termination Addendum
- New Mexico Lease Extension Addendum
- New Mexico Lead-Based Paint Disclosure
- New Mexico Military Clause (SCRA)
- New Mexico Pet Addendum
- New Mexico Cash for Keys Agreement
- New Mexico Mutual Lease Termination Agreement
- New Mexico Lease Renewal Agreement
- New Mexico Notice of Non-Renewal
- New Mexico Lease Violation Notice
- New Mexico Notice of Entry
- New Mexico Move-In / Move-Out Inspection Checklist
- New Mexico Rent Receipt
- New Mexico Rent Verification Letter
- New Mexico Tenant Welcome Letter
- New Mexico Property Management Agreement
- New Mexico Commercial Lease
- New Mexico Rent-to-Own Agreement
- New Mexico Short-Term Rental Agreement
- New Mexico Room Rental Agreement
- New Mexico Roommate Agreement
- New Mexico Spanish Lease Agreement
- New Mexico Sublease Agreement
- New Mexico Lease Amendment
Late Rent Notice in other states
- Alabama Late Rent Notice
- Alaska Late Rent Notice
- Arizona Late Rent Notice
- Arkansas Late Rent Notice
- California Late Rent Notice
- Colorado Late Rent Notice
- Connecticut Late Rent Notice
- Delaware Late Rent Notice
- Florida Late Rent Notice
- Georgia Late Rent Notice
- Hawaii Late Rent Notice
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- Tennessee Late Rent Notice
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