Utility Billing Rights in New Mexico

RUBS allowed. Landlords must disclose utility billing arrangement in lease. PRC oversees utility regulation.

New Mexico does not require sub-metering to bill tenants individually. Landlords can use allocation methods like RUBS instead.

New Mexico allows landlords to add administrative fees to utility charges. There is no statutory cap on the markup percentage, which means your landlord sets the number.

Without a statutory cap, the only real check on markups is your lease. If the lease says “actual cost plus admin fee” but doesn't define the admin fee, you should ask for the master bill and compare what the utility company charged versus what you paid. A 30% markup on water is not “administrative.”

Yes. New Mexico requires landlords to disclose utility billing details to tenants. If you ask for the master bill and your landlord refuses, that refusal itself is a violation you can cite in a dispute.

Request the bill in writing — email works. Ask for the total billed amount, the billing period, and the formula used to calculate your share. If the numbers don't add up, you have grounds to challenge the charge.

New Mexico Public Regulation Commission

Phone: 1-505-827-4500

Website: https://www.nm-prc.org

File complaint with New Mexico PRC or pursue in metropolitan/magistrate court.

1. Get the master bill. Request it in writing. You want the total amount the utility company charged, the billing period, and the number of units being billed.
2. Do the math yourself. Divide the master bill by the number of units (or by square footage, if that's the allocation method). Compare that to what you were charged. If there's a gap, that gap is either a markup or an error.
3. Dispute in writing. Email your landlord with the numbers. Cite N.M. Stat. § 47-8-23 if applicable. State the specific amount you believe you were overcharged and what remedy you want.
4. Escalate if needed. If your landlord ignores you or refuses to adjust, file a complaint with the New Mexico Public Regulation Commission and consider small claims court in the county where the property is located.

• Your bill doesn't match your usage. You live alone in a studio and your water bill is $90/month. That is not your water — that is a building-wide cost being split unevenly.
• The billing company is not the utility company. If your “utility bill” comes from a third-party RUBS provider instead of the actual utility, your landlord is using a billing middleman — and that middleman charges fees that get passed to you.
• Your bill went up but nothing changed. Same unit, same habits, same season — but your utility charge jumped 20%. That spike likely reflects a change in how the landlord allocates costs, not a change in your usage.
• You can't find the billing method in your lease. If your lease says “tenant pays utilities” but doesn't specify the method (RUBS, sub-metered, flat fee), that vagueness works in your favor during a dispute.
• Your landlord refuses to share the master bill. This is the biggest red flag. If they have nothing to hide, the bill takes 30 seconds to forward. In New Mexico, they are legally required to share it.