Skip to content
Oakclause

Rent Late Fee Laws in New Mexico

In New Mexico, if the rental agreement allows it, a late fee may not exceed 5% of the rent for each rental period in default, under a 2025 law; the statute sets no grace period.

Last checked . General information, not legal advice.

New Mexico at a glance

Late fee cap
5% of rent per rental period
Based on rent only, not deposits, fees or utilities. Notice due by end of the next rental period.
Cap (% of rent)
5%
Grace period
None required by statute

Sources

Last checked

The rules in New Mexico

How much can a landlord charge as a late fee in New Mexico?

Late fee cap in New Mexico: 5% of rent per rental period. Based on rent only, not deposits, fees or utilities. Notice due by end of the next rental period.

What percentage of the rent is the late fee cap in New Mexico?

Cap (% of rent) in New Mexico: 5%.

How many days does a tenant have before a late fee can be charged in New Mexico?

Grace period in New Mexico: None required by statute.

Where do the New Mexico rent late fee laws come from?

The rules above come from NMSA 1978 47-8-15(D). Each source is linked on this page. We last checked them in October 2026.

Good to know

SB 267 (2025), signed as 2025 N.M. Laws ch. 122, reduced the limit on late fees to 5% of rent. The owner must give notice of the fee by the last day of the next rental period.

What this means in practice

In many states, a landlord can charge a late fee only if the lease provides for it. Putting the amount, the due date, and any grace period in the lease in plain numbers helps both sides avoid disputes.

When a state counts a grace period, the details matter: whether weekends and holidays count, and whether the clock starts on the due date or the day after. Read the statute text linked on each state page rather than relying on a rounded summary.

Late fees are separate from unpaid rent. Keeping rent receipts and a record of the date each payment arrived makes it easier to check whether a fee was charged correctly and to resolve disagreements before they reach court.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.