F. An owner may increase the rent payable by the resident in a month-to-month
residency by providing written notice to the resident of the proposed increase at least
thirty days prior to the periodic rental date specified in the rental agreement or, in the
case of a fixed term residency, at least thirty days prior to the end of the term. In the
case of a periodic residency of less than one month, written notice shall be provided at
least one rental period in advance of the first rental payment to be increased.
G. Unless agreed upon in writing by the owner and the resident, a resident's
payment of rent may not be allocated to any deposits or damages.
History: 1953 Comp., § 70-7-15, enacted by Laws 1975, ch. 38, § 15; 1995, ch. 195, §
6; 2025, ch. 122, § 6.
ANNOTATIONS
The 2025 amendment, effective June 20, 2025, reduced the maximum amount that an
owner may charge a resident for a late fee, and provided that late fees can be
calculated only based on rent; in Subsection D, after "not to exceed" changed "ten" to
"five", and after "default" added "Late fees shall be calculated only based on rent. Rent
calculations to determine late fees shall not include deposits, additional fees or utilities".
The 1995 amendment, effective July 1, 1995, inserted "the" preceding "case" in
Subsection C, and added Subsections D to G.
Notice of late fees required. — Landlords failed to give notice of late fees in any
month in which they claimed they intended to collect late fees; as such, the trial court
did not err in ruling that the landlords were not entitled to collect late fees because they
did not comply with the New Mexico Uniform Owner-Resident Relations Act. Hedicke v.
Gunville, 2003-NMCA-032, 133 N.M. 335, 62 P.3d 1217, cert. denied, 133 N.M. 413, 63
P.3d 516.