N.M. Stat. Ann. § 47-8-15
Payment of rent.
Operative Text
47-8-15. Payment of rent.
A. The resident shall pay rent in accordance with the rental agreement. In the
absence of an agreement, the resident shall pay as rent the fair rental value for the use
of the premises and occupancy of the dwelling unit.
B. Rent is payable without demand or notice at the time and place agreed upon by
the parties. Unless otherwise agreed, rent is payable at the dwelling unit. Unless
otherwise agreed, periodic rent is payable at the beginning of any term of one month or
less and otherwise in equal monthly installments at the beginning of each monthly
period. The date of one month to the same date of the following month shall constitute
a term of one month.
C. Unless the rental agreement fixes a definite term, the residency is week-to-week
in the case of a person who pays weekly rent and in all other cases month-to-month.
D. If the rental agreement provides for the charging of a late fee and if the resident
does not pay rent in accordance with the rental agreement, the owner may charge the
resident a late fee in an amount not to exceed five percent of the rent for each rental
period that the resident is in default. Late fees shall be calculated only based on rent.
Rent calculations to determine late fees shall not include deposits, additional fees or
utilities. To assess a late fee, the owner shall provide notice of the late fee charged no
later than the last day of the next rental period immediately following the period in which
the default occurred.
E. An owner may not assess a fee from the resident for occupancy of the dwelling
unit by a reasonable number of guests for a reasonable length of time. This shall not
preclude charges for use of premises or facilities other than the dwelling unit by guests.
F. 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.
G. Unless agreed upon in writing by the owner and the resident, a resident's
payment of rent may not be allocated to any deposits or damages.
History: 1953 Comp., § 70-7-15, enacted by Laws 1975, ch. 38, § 15; 1995, ch. 195, §
6; 2025, ch. 122, § 6.Section 47-8-15 of New Mexico's Uniform Owner-Resident Relations Act establishes the rules governing how and when rent is paid, how tenancy terms are defined, and what fees an owner may or may not charge. Rent is due at the time and place specified in the rental agreement, and without an agreement, it defaults to the fair rental value payable at the dwelling unit. The provision also caps late fees at five percent of rent per rental period, prohibits guest-occupancy fees for reasonable stays, and requires at least thirty days' written notice before a rent increase takes effect in a month-to-month tenancy.
Plain English — not legal advice.
Under § 47-8-15, compliant property owners ensure that any late fee provision is written into the rental agreement before attempting to charge one, and they keep late fees at or below five percent of the rent amount for each period of default, calculated only on rent and not on deposits, utilities, or other fees. Owners also provide written notice of any late fee no later than the last day of the rental period immediately following the one in which the default occurred. For rent increases in month-to-month tenancies, operators generally issue written notice at least thirty days before the next periodic rental date, and they avoid allocating resident payments toward deposits or damages unless the resident has agreed to that in writing.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-15 gives New Mexico residents several protections around rent payment: late fees can only be charged if the rental agreement explicitly allows them, and even then they cannot exceed five percent of rent per rental period and must be based solely on rent. Residents also cannot be charged a fee simply because a reasonable number of guests stay for a reasonable length of time. If a tenant believes an owner has charged fees in excess of what § 47-8-15 permits, or has failed to provide proper notice of a rent increase, they may raise the violation as a defense in any related proceeding, file a complaint with a local housing authority, or reach out to a tenant-rights organization for general guidance.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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