New Mexico · Late fees

New Mexico late fee law

New Mexico caps late fees at 5% of the rent for each rental period in default. There’s no required grace period.

The rule

Grace period
None required
Cap
5% of the rent for each rental period in default
Grace period
No statutory grace period. The fee must be in the rental agreement and noticed by the end of the next rental period.
Limits on the fee
Cut from 10% effective June 20, 2025 (Laws 2025, ch. 122, SB 267). Calculated on rent only, not deposits, fees or utilities.

Law: NMSA 1978 § 47-8-15(D)

Last reviewed September 30, 2026

Not legal advice. Statutes change; check the linked section.