Application and Screening Fees
Section 47-8-19.2 — no more than $50, and back within thirty days if no screening was done
An owner may charge an applicant a screening fee of no more than $50 to cover a credit report, reference check or screening service, after written or digital notice and the applicant's written agreement to pay, with a receipt.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
- No fee is charged when the owner knows or should know the unit is not available.
- No other fee is charged to process an application.
- The owner holds the card or waits to deposit the payment until every earlier applicant has been screened and rejected, or offered the unit and declined.
The fee is returned within thirty calendar days if an earlier applicant takes the unit, or if the owner did not get a credit report, check references, use a screening service or process the application.
An owner who charges an unauthorized screening fee is liable for $250 and returns all the fees paid.
Sources for this section (2)
- NMSA 1978, § 47-8-19.2 — Dwelling unit applicant screening fee; prohibited fees
- NMSA 1978, § 47-8-48 — Prevailing party rights in lawsuit; private enforcement
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.