Rent increases can be stressful—especially if you’re already trying to manage a tight budget. But in New Mexico, there are clear rules about when and how your landlord can raise your rent. Whether you’re in a fixed-term lease or on a month-to-month agreement, here’s what you need to know:
Fixed-Term Leases: Your Rent Is Locked In
If you signed a lease for a set period of time—like 6 months or a year—that’s called a fixed-term lease.
Your landlord cannot raise the rent during that time.
That’s part of the agreement you both signed. Unless you agree to modify the lease in writing, your rent stays the same until the lease ends.
Example: If you signed a 12-month lease at $1,000 per month, your landlord can’t decide in month 6 to raise it to $1,100. They’ll have to wait until the lease is up—and then provide proper notice.
Month-to-Month Agreements: 30 Days’ Written Notice Required
If you’re renting month-to-month, your landlord can raise the rent—but they must give you at least 30 days’ written notice before the increase takes effect.
This gives you time to:
- Budget for the increase
- Negotiate with your landlord
- Decide whether to stay or look for a new place
Important: The notice must be in writing—verbal notices don’t count. And your landlord can’t raise the rent for discriminatory or retaliatory reasons (like because you filed a complaint or asked for repairs).
What You Can Do If You Get a Rent Increase Notice
- Check the timing. Did you get 30 days’ notice? If not, the increase may not be valid.
- Review your lease. Make sure you’re actually on a month-to-month agreement and not still in a fixed-term lease.
- Ask questions. If the rent hike seems extreme, don’t be afraid to talk to your landlord or ask for an explanation.
- Seek help. If something doesn’t feel right, contact New Mexico Legal Aid or a tenant advocacy group.
Final Thoughts
Rent can only be raised at the end of a fixed lease, or with 30 days’ notice if you’re on a month-to-month agreement. Knowing your rights helps you plan, push back when necessary, and avoid being taken by surprise.