Tenants keeping unauthorized pets in rental properties is no rare occurrence, even when the rental already allows pets. It is common for renters to attempt to keep an animal that the pet policy does not allow, or to avoid pet deposits and fees by never registering the animal with the property management. This issue has become even more common as pet ownership has stayed elevated well beyond pre-pandemic levels. The best way to prepare for unauthorized pets on your New Mexico rental is to understand the state’s pet laws and create a standardized procedure that is outlined in the lease in the event of the discovery of an unauthorized pet.
Pet Laws in New Mexico
Landlords in New Mexico have the ability to enforce their own curated pet policy, with a few caveats. It is completely legal to ban pets in the rental property altogether, as well as ban certain types of pets and breeds, or enforce size limits. Popularly, landlords choose pet policies that only allow cats and dogs under a certain weight, or ban certain breeds that are more likely to be aggressive or cause property damage. Landlords also have the ability to revoke an individual pet’s residence if they can reasonably determine that the animal poses a threat to the safety of other tenants or the property. In terms of finances, it is legal to require an additional pet deposit for each pet that is accepted, though on a lease of less than one year the total deposit is capped at one month’s rent under the Uniform Owner-Resident Relations Act, and monthly ‘pet rent’ can be charged on top of the original rent price.
Deposits, Pet Rent, and the Deposit Cap
New Mexico’s deposit rule turns on the length of the lease. Under Section 47-8-18 of the Uniform Owner-Resident Relations Act, a lease of less than one year caps the total deposit at one month’s rent, while a lease of a year or more has no dollar cap, though the landlord then has to pay the tenant annual interest on any amount above one month’s rent. A refundable pet deposit is part of that total, so on a short-term lease it folds into the one-month limit rather than being added on top. It is completely legal to charge separate monthly pet rent, which commonly runs somewhere between $25 and $50 per pet and does not count as a deposit, and a clearly stated non-refundable pet fee is generally allowed as well since it is treated as a fee rather than a deposit. Whatever the landlord holds, the deposit cannot be kept for normal wear and tear, and an itemized list with any balance owed is due within 30 days of the tenant moving out.
Could New Mexico Force Landlords to Allow Pets?
There has been far less movement in New Mexico than in some neighboring states. No recent legislation has changed the deposit rules or added pet-specific protections for renters, and there is no New Mexico law that forces a landlord to accept pets, so owners are still free to set and enforce their own pet policies within the limits above.
Service Animals, ESAs, and Declawing Rules
The restrictions on pet policies in New Mexico largely align with federal tenant protections. New Mexico has no law that prevents a landlord from requiring a pet to be declawed or devocalized, unlike California, so that question is left to the lease. Where New Mexico does constrain the landlord is disability accommodation. Under the federal Fair Housing Act, and under the New Mexico Human Rights Act, a tenant may always request a waiver of a no-pet policy or a pet restriction in the case of a service animal, and this includes emotional support animals. An assistance animal is not treated as a pet, so a landlord cannot charge a pet deposit, pet fee, or pet rent for it, and cannot restrict it by size, weight, or breed the way an ordinary pet can. The landlord may ask for written verification of the disability-related need when it is not obvious, the tenant remains responsible for any damage the animal causes, and the accommodation can still be refused if the specific animal is confirmed to be a genuine threat to the safety of other residents. It is also worth noting that fraudulently presenting an animal as a qualified service animal is a misdemeanor in New Mexico under the state’s Service Animal Act, and that federal officials pulled back their long-standing guidance on emotional support animals in 2025 and 2026, though that shift did not rewrite the Fair Housing Act or New Mexico’s own protections.
Dealing With Unauthorized Pets
The best way to handle unauthorized pets with full legal protection is by including a clearly defined pet policy in every lease. The pet policy section should include property rules concerning pets as well as a predetermined procedure in the event of an unauthorized animal discovered on the premises. In addition to prohibited pets being kept on the property, any pet that is not properly registered to avoid additional fees is an unauthorized pet and can be handled with the same procedure. Landlords can require the tenant to submit official pet information such as breed, weight, and current vaccinations in order to confirm that the animal is within the pet policy guidelines.
When a tenant is keeping an unauthorized pet, this can be considered a violation of the lease, and just as with any violation, following standard and formal procedures is always smart. In New Mexico the landlord delivers a written notice under Section 47-8-33 that specifies the breach and gives the tenant seven days to remedy it, meaning remove the animal or bring it into compliance. If the same material violation happens again within six months, the landlord can terminate on a seven-day notice with no further chance to cure. If the tenant does not resolve the problem within the specified time frame, the landlord can choose to begin an eviction, and the official notice should make that intention clear from the start.
Frequently Asked Questions
How much can a landlord charge for a pet deposit in New Mexico?
It depends on the length of the lease. Under Section 47-8-18 of the Uniform Owner-Resident Relations Act, a lease of less than one year caps the total deposit at one month’s rent, and a refundable pet deposit folds into that limit. On a lease of a year or more there is no dollar cap, but the landlord has to pay annual interest on any deposit above one month’s rent. Monthly pet rent, which commonly runs between $25 and $50 per pet, is separate and does not count toward the deposit.
Can a landlord evict a tenant for an unauthorized pet in New Mexico?
Yes, keeping an unauthorized pet is considered a violation of the lease, and it is handled like any other material violation under Section 47-8-33. The landlord serves a written notice specifying the breach and giving the tenant seven days to correct it, remove the animal or register it properly. If the pet is not removed within that window, or the same violation repeats within six months, the landlord can choose to begin an eviction.
Do New Mexico landlords have to allow emotional support animals?
Emotional support animals must be accommodated even where a no-pet policy is in place, because both the federal Fair Housing Act and the New Mexico Human Rights Act protect tenants with disabilities. A tenant may request the accommodation so long as they provide written verification of the disability-related need, and the landlord cannot charge a pet deposit, fee, or pet rent for the animal or restrict it by size, weight, or breed. Federal enforcement of requests for untrained support animals narrowed in 2025 and 2026, but New Mexico’s own protections remain in force, so confirm the current rules before denying a request.
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