Key Takeaways
- Lease agreements in New Mexico help outline key elements of a deal when leasing or renting your property. These agreements vary based on the type of lease, its duration, and the property involved, each with its legal considerations.
- Selecting a template tailored to New Mexico law ensures clarity and legal protection for landlords and tenants within the state.
- PandaDoc offers clarity and legal protection, providing free New Mexico Lease Agreement Templates for crafting detailed contracts.
New Mexico Lease Agreement Templates
Residential Lease Agreement
Residential Rental Agreement
Used 5,261 times
Save time and resources by using this customizable residential rental agreement to create legally binding contracts with your tenants. It includes detailed sections about all aspects of a typical tenancy, including terms, responsibilities, rent, duration, insurance, maintenance, and more.
Use Residential Rental AgreementUse this agreement template to establish the terms and conditions for renting a residential property in New Mexico.
New Mexico Apartment Lease
Specifically designed for apartment rentals in New Mexico, this lease agreement outlines the terms and conditions of leasing an apartment unit, including rent, utilities, and maintenance responsibilities.
New Mexico Room Rental
Tailored for renting individual rooms within a property, this template helps landlords and tenants establish clear guidelines for shared living spaces.
New Mexico Month-to-Month Lease
Offering flexibility without a long-term commitment, this lease agreement allows for short-term rental arrangements in New Mexico.
Commercial Lease Agreement
Crafted for leasing commercial properties in New Mexico, this agreement covers essential aspects such as lease terms, rent adjustments, and permitted land use.
Lease to Purchase Agreement
Providing a structured framework for lease-to-own arrangements, this agreement offers tenants in New Mexico the opportunity to purchase the property in the future.
Sublease Agreement
Facilitating subleasing arrangements, this agreement ensures clarity and professionalism between the original tenant and the subtenant.
Understanding New Mexico Rental Laws
Per the New Mexico Statutes (Chapter 47 – Article 8) and the New Mexico Uniform Owner-Resident Relations Act, leases exceeding a year necessitate a written agreement. An oral agreement may suffice for leases under a year, but written agreements are always advised for landlords in New Mexico, irrespective of lease length.
| Laws | Name | Description |
| § 47-8-19 | Owner Disclosure | At or before the commencement of the tenancy, landlords must disclose to the tenant in writing the name and address of the person authorized to manage the premises and an owner of the premises or a person authorized to act for and on behalf of the owner. |
| § 47-8-18 | Security Deposit | At or before the commencement of the tenancy, landlords must disclose to the tenant in writing the name and address of the person authorized to manage the premises and an owner of the premises or a person authorized to act for and on behalf of the owner. Up to one month’s rent may be collected for a security deposit if the lease term is less than one year. There’s no limit for lease terms of one year or longer. The landlord has 30 days to return the deposit after the tenant moves out. |
| § 47-8-27.2 | Abatement | Rent withholding may occur if a landlord is notified and doesn’t fix a problem affecting the habitability of the unit or the health and safety of its occupants within seven (7) days. |
| § 47-8-33 | Breach of Agreement by Resident and Relief by Owner | Allows a (3) day unconditional notice to quit to be used for any substantial violation of the lease. |
Security Deposit limits
In New Mexico, landlords can make deductions from security deposits for the following:
- Unpaid rent, utilities, and late fees
- Costs associated with damage that goes beyond normal wear and tear
- Costs incurred due to a breach of the lease agreement
- Cleaning costs
It’s important to note that while some states, including New Mexico, don’t set a legal limit on the amount a landlord can charge for damages, the charges must be deemed reasonable.
Returns:
- Landlords must mail the security deposit back to the tenant’s last known address within 30 days of the lease termination or the tenant’s departure from the rental property, whichever occurs later.
- This return should include an itemized list of any deductions made from the deposit.
Disputes:
- If landlords fail to return the security deposit within the stipulated 30-day timeframe. Tenants have the right to seek the return of the entire security deposit in court, along with damages up to $250, court costs, and reasonable attorneys’ fees.
Initiate legal proceedings against the landlord for:
- Not providing an itemized statement when deductions are made
- Not providing due interest
- Making unreasonable deductions
Eviction Procedures
In New Mexico, a landlord is prohibited from evicting a tenant without a valid reason. The following are legitimate reasons for eviction:
- Failure to pay rent promptly
- Occupancy beyond the lease term
- Breach of lease conditions
- Engagement in unlawful activities
Here are the eviction grounds in New Mexico:
- Nonpayment of Rent: A three (3) day notice is given, and the violation is curable.
- End of Lease or No Lease: A 30-day notice is given, and the violation isn’t curable.
- Lease Violation: A seven (7) day notice is given, and the violation is curable.
- Repeat Lease Violation: A seven (7) day notice is given, but the violation isn’t curable.
- Illegal Activity: A three (3) day notice is given, and the violation isn’t curable.
Right to Enter (Landlord)
Legal Grounds for Entry:
- Conducting inspections
- Making improvements, including decoration
- Performing maintenance tasks
- Showcasing the property
- Responding to emergencies
Notice Requirement:
- Typically, a 24-hour notice is required, which can be either written or verbal
- No notice is needed in case of emergencies
Penalties for Unauthorized Entry:
- A court injunction can be issued
- The landlord may be liable for the cost of damages
- The lease can be terminated
- The landlord may be responsible for court and legal fees
Disclosures
In New Mexico, lease agreement templates must include the name and address of either the landlord or their authorized representative. This ensures the efficient delivery of crucial legal notices. Also, you need the following mandatory disclosures:
- Late Fees: This disclosure is relevant to all leases that include late fee charges.
- Lead Paint: This disclosure is necessary for all units constructed prior to 1978.
Optional disclosures:
- Asbestos
- Bed Bugs
- Late/Returned Check Fees
- Medical Marijuana Use
- Mold Disclosure
- Non-Refundable Fees
- Shared Utility Arrangements
- Smoking
