N.M. Stat. Ann. § 47-8-19.2
Dwelling unit applicant screening fee; prohibited fees.
Operative Text
47-8-19.2. Dwelling unit applicant screening fee; prohibited fees.
A. An owner may charge an applicant a screening fee that shall not exceed fifty
dollars ($50.00) to cover the cost of obtaining information about the applicant, including
the cost of a consumer credit report, a reference check or a screening service; provided
that the owner:
(1) provides the applicant with written or digital notice of the screening fee
and the applicant agrees in writing to pay the screening fee;
(2) shall not charge the applicant a screening fee when the owner knows or
should know that a dwelling unit is not available for rent at that time or will not be
available at the beginning of the residency;
(3) provides the applicant with a written or digital receipt for the screening fee
paid by the applicant;
(4) shall place a hold on a credit card or wait to deposit cash or checks for an
applicant's screening fee until all prior applicants have either been screened and
rejected or offered the dwelling unit and declined to enter into a rental agreement; and
(5) shall not charge any other fees to process an application.
B. An owner shall return the screening fee within thirty calendar days to an applicant
if:
(1) a prior applicant is offered the dwelling unit and agrees to enter into a
rental agreement; or
(2) the owner does not:
(a) obtain a consumer credit report;
(b) perform a reference check;
(c) use a screening service to obtain information about the applicant; or
(d) process the application.
C. A screening fee that is returned as provided in Subsection B of this section shall
be:
(1) returned by certified mail;
(2) destroyed upon the applicant's request if paid by check; or
(3) made available for the applicant to retrieve.
History: Laws 2025, ch. 122, § 3.Section 47-8-19.2 of New Mexico's Uniform Owner-Resident Relations Act caps the screening fee a housing applicant can be charged at $50, and attaches several conditions to when and how that fee may be collected. Owners must give written or digital notice before charging the fee, provide a receipt, and cannot charge it when no unit is actually available. If a prior applicant takes the unit or the owner never actually screens the applicant, the fee must be returned within 30 calendar days by certified mail, by destroying the check, or by making the funds available for pickup.
Plain English — not legal advice.
Operators subject to Section 47-8-19.2 generally keep their screening fee at or below the $50 statutory ceiling and obtain written agreement from each applicant before collecting anything. Compliant practice includes issuing a receipt, holding credit card charges or delaying deposit of checks until earlier applicants have been screened or have declined, and refraining from charging any additional application processing fees. When a refund is triggered under the provision—such as when a prior applicant accepts the unit—returning the fee within 30 calendar days by certified mail or another permitted method is part of standard compliance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Section 47-8-19.2, applicants for a New Mexico rental unit have the right to pay no more than $50 as a screening fee, and only after receiving written or digital notice and agreeing to the charge. If the owner never screens you, a prior applicant takes the unit, or no unit was actually available, you are entitled to a refund within 30 calendar days. Tenants who believe a fee was improperly charged or withheld may wish to consult a tenant-rights organization or review their options under the Uniform Owner-Resident Relations Act, including whether raising the violation as a defense or filing a complaint is appropriate.
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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