by Albuquerque, NM – As rental prices continue to climb across the U.S., tenants in New Mexico are seeking clarity on what protections exist against sudden rent hikes. In 2025, New Mexico does not have statewide rent control laws, meaning landlords can raise rent amounts freely, provided they follow notice requirements and anti-discrimination protections.
According to a recent report from Huron Insider, New Mexico’s rent increase rules give landlords wide flexibility but impose strict notice timelines and fairness standards to protect renters.
No Rent Caps or Local Rent Control
New Mexico law prohibits statewide rent caps. Additionally, local governments are barred from enacting rent control ordinances due to state preemption rules. This means cities like Albuquerque, Santa Fe, or Las Cruces cannot impose their own rent limits—landlords remain unrestricted except for legal notice requirements.
Notice Requirements for Rent Increases
While landlords can raise rent amounts, they must give tenants advance written notice:
- 30 days for rent increases of 10% or less
- 60 days for rent increases of more than 10%
These notice rules apply primarily to month-to-month rental agreements. For fixed-term leases, rent cannot be increased during the lease period unless the lease explicitly allows for midterm adjustments. Otherwise, increases may only occur upon lease renewal.
Protection Against Retaliatory or Discriminatory Rent Hikes
Landlords cannot increase rent as a form of retaliation or discrimination. For example:
- Illegal retaliation: Raising rent after a tenant requests repairs, reports safety violations, or joins a tenants’ union.
- Illegal discrimination: Raising rent selectively based on protected traits such as race, gender, disability, family status, or religion.
Any such rent increase can be legally challenged in court.
New 2025 Transparency Law: Senate Bill 267
A new law, Senate Bill 267, took effect in 2025 requiring landlords to:
- Disclose all rental fees upfront in lease agreements.
- Provide written notice of any new or increased fees during the tenancy.
While this law increases transparency, it does not introduce rent caps—rent amounts remain unrestricted as long as notice and disclosure rules are followed.
Read Also: Minnesota Rent Laws 2025: How Much Can Your Landlord Raise Rent?
Summary of New Mexico Rent Increase Laws (2025)
| Rule / Law | Requirement |
|---|---|
| Statewide Rent Control | No – landlords can raise rent freely |
| Local Rent Control | Prohibited by state law |
| Month-to-Month Rent | 30 days’ notice for ≤10% increase; 60 days for >10% |
| Fixed-Term Lease | No increases mid-lease unless lease permits |
| Discrimination Ban | Rent increases cannot violate Fair Housing laws |
| Retaliation Ban | Rent cannot be raised in retaliation for tenant rights |
| 2025 Update | Senate Bill 267 – full disclosure of all rental fees |
What Tenants Should Do
Tenants facing a rent increase should:
- Review their lease carefully to check for midterm rent adjustment clauses.
- Confirm written notice was provided within the legal timeline.
- Document everything in case of disputes.
- Seek legal aid if they believe the rent hike is retaliatory or discriminatory.
Do you think New Mexico should adopt rent caps to protect tenants, or should landlords maintain flexibility? Share your opinion in the comments at ibwhsmag.com.
