Albuquerque, NM asked in Landlord - Tenant for New Mexico

Q: Can my landlord charge me a late fee as well as a late fee notice charge in new Mexico?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In New Mexico, landlords have the right to impose late fees if a tenant's rent payment is overdue, according to the terms outlined in the lease agreement. These fees are intended to compensate the landlord for the inconvenience and potential financial instability caused by delayed payments. The lease should clearly specify the amount of the late fee and the grace period before the fee is applied, ensuring transparency between the landlord and tenant.

Additionally, landlords might also charge a separate fee for sending a late payment notice. This charge is meant to cover the administrative costs associated with notifying tenants of their late payment. However, for both late fees and notice charges to be enforceable, they must be reasonable and clearly detailed in the lease agreement beforehand.

It's important for tenants to review their lease agreements carefully to understand any fees associated with late rent payments. If you find the charges to be unclear or unreasonable, it may be beneficial to discuss them with your landlord. Open communication can often lead to a mutual understanding or even an adjustment of terms.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.