N.M. Stat. Ann. § 57-12-27
Prohibited conduct in renting of dwelling units.
Operative Text
57-12-27. Prohibited conduct in renting of dwelling units.
A. As used in this section:
(1) "applicant" means a person who submits an application to rent a dwelling
unit to the owner or agrees to act as a guarantor or cosigner on a rental agreement;
(2) "dwelling unit" means a structure, mobile home or the part of a structure,
including a hotel or motel, that is used as a home, residence or sleeping place by one
person who maintains a household or by two or more persons who maintain a common
household and includes a parcel of land leased by the owner for use as a site for the
parking of a mobile home;
(3) "owner" means one or more persons, jointly or severally, in whom is
vested all or part of the:
(a) legal title to a property, but does not include the limited partner in an
association regulated under the Uniform Revised Limited Partnership Act [47-8-1 to 47-
8-52 NMSA 1978]; or
(b) beneficial ownership and a right to present use and enjoyment of the
premises and agents thereof and includes a mortgagee in possession and the lessors,
but does not include a person or persons, jointly or severally, who as owner leases the
entire premises to a lessee of vacant land for apartment use;
(4) "rent" means payments in currency or in-kind under terms and conditions
of the rental agreement for use of a dwelling unit or premises, to be made to the owner
by the resident, but does not include deposits; and
(5) "rental agreement" means all agreements between an owner and resident
and valid rules and regulations adopted pursuant to Section 47-8-23 NMSA 1978
embodying the terms and conditions concerning the use and occupancy of a dwelling
unit or premises.
B. It is an unfair or deceptive trade practice for an owner to charge a fee to an
applicant that is not a screening fee or deposit or that was not published in a listing for
rental of a dwelling unit in violation of the Uniform Owner-Resident Relations Act.
C. It is an unfair or deceptive trade practice for an owner to charge fees that are not
included in the rental agreement in violation of the Uniform Owner-Resident Relations
Act.
History: Laws 2025, ch. 122, § 9.
ARTICLE 12A
Consumer No-Call (Repealed.)Section 57-12-27 of New Mexico's Unfair Practices Act establishes that certain fee-charging behaviors by residential landlords constitute unfair or deceptive trade practices. Specifically, the provision prohibits owners from charging applicants any fee that is neither a screening fee, a deposit, nor a fee that was disclosed in the rental listing. It also prohibits owners from charging residents fees that were not included in the rental agreement itself, aligning these requirements with the Uniform Owner-Resident Relations Act.
Plain English — not legal advice.
Under NMSA 57-12-27, compliant operators generally ensure that every fee charged to an applicant is either a screening fee, a deposit, or a fee that was clearly published in the rental listing before the applicant applies. Owners also take care that any fees charged during a tenancy are expressly set out in the written rental agreement, with no additional charges introduced outside of that document. Because violations of this section are treated as unfair or deceptive trade practices under the Unfair Practices Act, operators typically review their fee schedules and listing language carefully to confirm alignment with both the rental agreement and the Uniform Owner-Resident Relations Act.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 57-12-27 gives applicants and residents a basis to challenge fees that were not disclosed in a rental listing or that do not appear in the signed rental agreement, since such charges are classified as unfair or deceptive trade practices under New Mexico law. Tenants who believe an owner has imposed an undisclosed or uncontracted fee may consider raising the violation as a defense in any related legal proceeding or filing a complaint with the New Mexico Attorney General's Consumer Protection Division, which enforces the Unfair Practices Act. Tenant-rights organizations in New Mexico can also help individuals understand how this provision interacts with the Uniform Owner-Resident Relations Act and what remedies may be available.
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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