A residential lease agreement in Albuquerque is a binding document between a landlord and a tenant. This agreement outlines the terms and conditions surrounding the use of a rental property in exchange for payment.
Residential Lease Agreement Requirements in Albuquerque
Albuquerque has no city-specific residential lease agreement requirements or disclosures. As such, landlords and tenants in Albuquerque follow New Mexico’s requirements for lease agreements.
Landlord-Tenant Rights and Regulations in Albuquerque
When it comes to landlord-tenant rights, Albuquerque landlords should be aware of the following:
Heating Requirements
Landlords in Albuquerque are required to keep all residential units at a minimum of 68 degrees Fahrenheit at all times. Space heaters may not be used as the primary heat source unless there is maintenance being performed.
Housing Code
Albuquerque’s local housing code enforces additional responsibilities for tenants when it comes to maintaining the rental property. This code prohibits the following:
- Not maintaining healthy living conditions (specifically in the kitchen and bathroom)
- Keeping dangerous structures or objects on the premises
- Overcrowding the residence
Housing Discrimination
In 2022, Albuquerque City Council voted to ban Section 8 discrimination. Now, landlords in Albuquerque cannot turn away prospective tenants due to Section 8 housing vouchers or other financial assistance. Albuquerque is the first city in New Mexico to ban source of income discrimination.
Optional Lease Agreement Disclosures and Addendums in Albuquerque
While not mandatory, landlords can add specific disclosures and addendums to their leases. This helps outline the responsibilities of the tenant and can prevent future liability issues.
Crime and Drug-Free Addendum
Due to the high crime in Albuquerque, it would be in the landlord’s best interest to include an addendum stating that engaging in criminal activity, including drug-related activity, is prohibited on or near the property.
Parking Addendum
Since Albuquerque is primarily a driving city, landlords may want to include a parking addendum to clearly outline the building’s parking policy. This should include information on assigned parking spots, street parking rules, and any prohibited uses of the parking space.
Summary of Required Lease Disclosures for the State of New Mexico
- Landlord’s Name and Address – New Mexico leases must contain the name and address of the landlord or authorized agent.
- Late Fee Disclosure – New Mexico will only enforce late fees agreed in the lease, including the fee amount and the timeline for charges. The state caps late fees at 10% of the overdue balance.
- Lead-Based Paint Disclosure – It is a federal law in the United States that any home built prior to 1978 must disclose the risks posed by lead-based paints.
