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Payment of Rent

Landlord/Tenant Tutorial for Judges in New Mexico

When and where is a tenant’s rent payable?

The tenant pays rent in accordance with the amount specified in the rental agreement. In the absence of such an agreement, the tenant pays as rent the fair rental value for the use of the premises and occupancy of the dwelling unit. §47-8-15(A).

If the landlord and tenant have not agreed upon a time and place for the payment of rent, rent is payable at the dwelling unit. Unless otherwise agreed, periodic rent is payable at the beginning of any term of one month or less, or in equal monthly installments at the beginning of each monthly period. §47-8-15(B).

What if the rental agreement does not fix a definite term for the rental?
If the rental agreement does not fix a definite term, the residency is week-to-week in the case of a person who pays weekly rent, and in all other cases is month-to-month. §47-8-15(C).

What late fee may a landlord charge?

If the rental agreement provides for the charging of a late fee, and the tenant does not pay rent within the time allowed by the rental agreement, the landlord may charge a resident a late fee. The late fee may not exceed ten percent of the total rent payment for each rental period. The landlord must provide notice of the late fee charged by the last day of the rental period immediately following the period in which the default occurred. §47-8-15(D).

Can a landlord charge a tenant a fee for having guests at the rental unit?

A landlord may not charge the tenant a fee for having a reasonable number of guests occupying the rental unit for a reasonable length of time. However, the landlord may charge the guests for use of premises or facilities other than the dwelling unit, such as a fee for using an apartment complex swimming pool. §47-8-15(E).

May a landlord increase the rent during the tenancy?

A landlord may increase the rent payable by the resident in a month-to-month tenancy if the landlord provides written notice to the tenant 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, the landlord must provide written notice at least one rental period in advance of the first increased rental payment. §47-8-15(F).

Can a landlord allocate the tenant’s rental payment towards payment of deposits or damages?

A landlord may not allocate a tenant’s rental payment to any deposits or damages, unless the tenant and landlord agree in writing to do so. §47-8-15(G).