New Mexico Residential Rent Increase Notice

New Mexico Residential Rent Increase Notice

Use limitation: Do not use this 30-day residential form for a mobile-home park covered by the Mobile Home Park Act. A covered park must give a resident at least 60 days' written disclosure before a rent increase under NMSA 1978, § 47-10-19(A).

Use this form only after completing every legal, lease, fee, coverage, and program check below.

New Mexico Rent and Fee Timing Module

Under N.M. Stat. Ann. § 47-8-15(F), a rent increase for a month-to-month tenancy must be delivered at least 30 days before the periodic rental date on which it takes effect. For a fixed-term tenancy, notice must be delivered at least 30 days before the term ends. If the rental period is shorter than one month, notice must be delivered at least one rental period before the increase takes effect.

Under NMSA 1978, § 47-8-19.4, a fee increase requires written notice at least 60 days before the periodic rental date or, for a fixed term, at least 60 days before the term ends. For a periodic tenancy shorter than one month, the fee notice is due at least one rental period before the first increased fee payment. Calculate rent and fee timing separately. If this notice changes both rent and a fee, calculate each component separately and use the later lawful effective date unless counsel confirms otherwise.

• Month-to-month rent notice delivered at least 30 days before the periodic rental date: ☐ Yes ☐ Not applicable
• Fixed-term rent notice delivered at least 30 days before term end: ☐ Yes ☐ Not applicable
• Shorter-period notice equals at least one full rental period: ☐ Yes ☐ Not applicable
• Fee increase has the notice required by § 47-8-19.4: ☐ Yes ☐ No fee increase
• Fixed-term lease and renewal authority checked: ☐ Yes
• Fair-housing, subsidy, deed-restriction, emergency, and local requirements checked: ☐ Yes

1. Property, Parties, and Tenancy

• Date of notice: [__/__/____]
• Owner/agent: [________________________________]
• Resident(s): [________________________________]
• Property address/unit: [________________________________]
• Tenancy: ☐ Fixed term ending [__/__/____] ☐ Month-to-month ☐ Other periodic: [________]
• Periodic rental date/rental period: [________________________________]
• Lease section authorizing change/renewal: [________________________________]

2. Separate Rent and Fee Calculation

• Rent notice-period calculation: [________________________________]
• Fee notice-period calculation: [________________________________]
• Total current monthly amount: $[________]
• Total new monthly amount: $[________]
• Total change: $[________] ([____]%)

3. Notice to Resident

Date: [__/__/____]

To: [RESIDENT NAME(S)]
At: [PROPERTY ADDRESS AND UNIT]

This is written notice of the following changes, each effective only on the date shown above after its applicable notice period has run:

• New rent: $[________], effective [__/__/____]
• New recurring fee(s), if any: $[________], effective [__/__/____]
• New total monthly amount after all changes take effect: $[________]

The new amounts are due on the regular payment date and must be paid by the method stated in the rental agreement, unless the parties sign a different lawful agreement. All other terms remain unchanged except:

[____________________________________________________________]

Legal/lease basis and effective-date calculations:

[____________________________________________________________]

This notice does not waive any resident right or owner duty under controlling federal, state, local, subsidy, or other program law.

Owner/authorized agent: [________________________________]

Signature: [________________________________] Date: [__/__/____]

Contact/address for lawful communications: [________________________________]

4. Delivery and Proof

Delivery method verified under current controlling law and the rental agreement: ☐ Yes

• Method: ☐ Personal delivery ☐ Mail ☐ Other lawful method: [________]
• Person/address delivered to: [________________________________]
• Date/time delivered or mailed: [__/__/____] [____]
• Receipt, mailing, or additional-time rule applied: ☐ Yes ☐ Not applicable
• Tracking/certificate/witness: [________________________________]

Server name/signature/date: [________________________________]

5. File Record

• Signed lease and amendments retained: ☐ Yes
• Separate rent and fee calculations retained: ☐ Yes
• Current state, local, and program sources saved or cited: ☐ Yes
• Copy of notice and delivery proof retained: ☐ Yes
• Each effective date independently rechecked after delivery: ☐ Yes

Sources and References

• 42 U.S.C. § 3604 — https://www.govinfo.gov/content/pkg/USCODE-2024-title42/html/USCODE-2024-title42-chap45-subchapI-sec3604.htm
• NMSA 1978, §§ 47-8-15(F), 47-8-19.4, 47-10-2(C), 47-10-19(A) — https://nmonesource.com/nmos/nmsa/en/4408/1/document.do