States/New Mexico
✓ New Mexico official sources verified
New Mexico renter billing guide

New Mexico Rental Charges, Late Fees & Security Deposits

New Mexico’s current late-fee rule changed in 2025: the statewide ceiling is now 5% of rent, the calculation must exclude deposits, additional fees and utilities, and the rental agreement must provide for the charge. Separate § 47-8-18 rules govern deposit limits, interest, normal wear and 30-day accounting.

Deposit layer reviewed: August 30, 2026Late-fee layer reviewed: September 3, 2026Late-fee amendment: SB 267 ↗Official court guidance ↗
Do not use the old 10% late-fee number. SB 267, effective June 20, 2025, reduced the ceiling to 5% of rent and expressly removed deposits, additional fees and utilities from the calculation base.
Rent late-fee ceiling5% of rent

Current rule after the 2025 amendment.

Late-fee baseRent only

Deposits, additional fees and utilities are excluded.

Lease under 1 year1 month max deposit

Separate security-deposit rule.

Deposit accounting30 days

Uses the later statutory trigger described in § 47-8-18.

New Mexico charge guides

Start with the correct New Mexico layer

For a late fee, preserve the rental-agreement clause, separate rent from utilities and other fees, and check the notice timeline. For a security-deposit problem, use the lease duration, termination/departure dates and itemized accounting instead. The two frameworks should not be blended together.

Official sources