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Clayton, NM Late Fee Limits 2026

Late fees in Clayton are capped at 10% of rent ($97 at median rent). Charge more and tenants sue to recover — courts void excessive fees regardless of what the lease says.

In New Mexico, late fees must be reasonable and proportional to actual damages from late payment. The cap is 10% of rent. Grace periods are typically set by the lease.

This applies to properties in Clayton, NM. Check all requirements for your property →

Key Takeaways — Clayton Late Fee Limits

  • Key rule: 10% Max or Tenants Sue
  • Violation risk: face a lawsuit

Late Fee Limits in Clayton

Clayton landlords must follow New Mexico state law on late fee limits. Understanding the specific rules, deadlines, and penalties can prevent costly violations.

$973

median 2BR rent

10% Max or Tenants Sue

key requirement

Penalty Warning

Violate New Mexico late fee limits rules in Clayton and you could face a lawsuit. At Clayton's median rent of $973/month, even a single violation adds up fast.

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Clayton Rental Market Context

Clayton is the 42nd-largest city in New Mexico (population 2,581). With a median 2-bedroom rent of $973/month, it falls in the budget range for New Mexico rental costs — 6% below the state median of $1,040/month.

How Clayton Compares in Union County

Clayton ranks #1 of 4 cities in Union County by population. Because late fee limits rules are often tied to rent amounts, costs vary across the county.

City Population Median Rent Late Fee Limit
Clayton 2,581 $973/mo $97 max
Des Moines 112 $973/mo $97 max
Folsom 47 $973/mo $97 max
Grenville 25 $973/mo $97 max

Rents based on HUD Fair Market Rents (FY2026) for Union County, New Mexico. All cities follow New Mexico state law unless a local ordinance applies.

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Late Fee Limits by Unit Size in Clayton

Late fee caps scale with rent. Here's the maximum by unit type:

Unit SizeMedian RentMax Late Fee (10%)
Studio$723/mo$72
1-Bedroom$770/mo$77
2-Bedroom$973/mo$97
3-Bedroom$1,332/mo$133

Rents based on HUD Fair Market Rents (FY2026) for Union County.

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Late Fee Limits in Nearby Cities

Own properties in multiple cities? Rules may differ locally:

Grenville, NM
Pop. 25
Des Moines, NM
Pop. 112
Folsom, NM
Pop. 47
Mosquero, NM
Pop. 92
Roy, NM
Pop. 185

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How we researched this page: Late fee limits rules are based on New Mexico state statutes. Rent data comes from HUD Fair Market Rents (FY2026) for Union County. Last updated: August 2026.
RA

Reviewed by Rachid Abadli

Founder & CEO, LeaseBase · Sacramento landlord · Self-managing since 2019

LeaseBase is a property management platform — not a law firm. Consult an attorney for legal advice specific to your situation.