Q: Can my landlord in New Mexico increase my rent via text? Or does it have to be a formal document?
We rented from this guy month-to-month in January 2022 at $750 a month. During this time, he hasn't made any requested repairs, such as the moldy kitchen cabinets that are falling apart. He just texts us 30 days before and says he's increasing the rent by 'X' amount. This time, he raised it to $1,200 with no written or text notice.
A:
In New Mexico, a landlord must give written notice to increase rent, especially for a month-to-month tenancy. While a text message can sometimes serve as written notice if it clearly communicates the change, it is better for both parties to receive formal written notice, such as a letter or email, to avoid confusion. If you haven’t received any written notice, the rent increase may not be valid.
Additionally, New Mexico law requires landlords to give at least 30 days' notice before any rent increase for a month-to-month lease. Since your rent increased to $1,200 without notice, you may want to address the issue with your landlord and confirm if proper notice was given.
You also have the right to ask your landlord to make necessary repairs, like fixing the moldy cabinets. If they don’t respond, you may want to explore options such as withholding rent or requesting an inspection. It’s important to review your lease and know your rights as a tenant in these situations.
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