Whether you’re listing a high-rise apartment in the heart of Albuquerque or a sprawling ranch-style home in Las Cruces, you’ll need a New Mexico rental application template to get the job done.
Keep reading for a deep dive into everything you need to know about filling your vacancy. We’ll discuss the benefits of using online landlord software, New Mexico rental application laws, and the ins and outs of tenant screening.
Information to Collect
Since you’ll use the information you collect in your New Mexico rental application to select your next tenant, you need your form to be thorough and complete. It should ask for:
- Names of all applicants (and co-signers, if any)
- Social Security number
- Date of birth
- Employment
- Income
- Rental history
- References
- Animals, smoking status, and vehicles
- Phone number
- Email address
- Emergency contact
Did you know? Whether you use an online rental application or a traditional paper form, you’ll be collecting sensitive renter details. Because of this, federal and state laws regulate:
- What information landlords can collect
- Which questions landlords can ask
- How landlords use applications in their decision-making process
Quick Guide to Screening a Tenant
Read on for a guide to tenant screening covering pre-screeners, unit showings, state and federal application laws, pets and service animals, denial processes, avoiding fraud, and more.
1. Pre-Screen
By beginning with a pre-screener, you’ll be able to cut through the noise and identify qualified renters. Pre-screeners ask for:
- Contact information
- Brief financial overview
- Move-in date
- Household details
A pre-screener doesn’t replace your full New Mexico rental application, but it does provide you with a relevant sample of renter information.
2. Conduct Showings
Before you show the rental to potential tenants, make sure the house or apartment is in its best condition: clean, decluttered, and ready to welcome renters in.
3. Distribute and Collect Applications
When collecting application forms after renters complete them, check that the applicant has:
- Filled out the form completely without missing any sections.
- Signed the consent and acknowledgment.
- Paid the application fee.
New Mexico Application Laws
Here’s a top-level refresher of rental application laws and landlord-tenant rights in the Land of Enchantment.
New Mexico Human Rights Act: In addition to federally-protected characteristics (such as race, color, religion, and handicap), landlords can’t discriminate against or deny renters based on:
- Sexual orientation
- Gender identity
- Ancestry
- Spousal affiliation (N. M. Stat. § 28-1-7)
Criminal & eviction history: As long as your screening practices are consistent across all applicants, you can consider a renter’s criminal background check and eviction history.
Screening fees: New Mexico caps screening fees at $50. Landlords must disclose all fees upfront before charging an applicant. If you deny an applicant, you must refund their screening fee within 30 days (N. M. Stat. § 47-8-3 et seq).
Portable tenant screening reports: In New Mexico, landlords must accept portable tenant screening reports if:
- The renter has obtained it within the past 90 days
- The renter applies for another unit you own (N. M. Stat. § 47-8-3 et seq)
Pets, ESAs, and Service Animals
Don’t forget to ask questions about pets, service animals, and Emotional Support Animals (ESAs).
Include a section for animals in your application: Ask for the name, breed, and weight of any pets, service animals, or ESAs.
Fair Housing Act (FHA): You can’t discriminate against renters because they have a service animal or ESA. However, you can hold tenants liable for any damages caused by their animals. Under the FHA, landlords can’t:
- Charge a pet fee, pet rent, or pet deposit for service animals or ESAs
- Deny applicants based on their service animal or ESA’s characteristics (weight, size, or breed) (Fair Housing Act)
Federal Application Laws
Besides state laws, there are also federal laws to consider. Keep these four in mind:
Americans with Disabilities Act (ADA): You must accommodate renters with disabilities, and you can’t discriminate against (or deny) renters based on their condition (Americans with Disabilities Act).
Equal Credit Opportunity Act (ECOA): The ECOA protects renters who have received any form of public assistance. It establishes rules for assessing rental applications and outlines reporting guidelines for applicants (Equal Credit Opportunity Act).
Fair Credit Reporting Act (FCRA): Landlords need an applicant’s written consent to conduct credit checks. If you reject applicants based on credit, you must notify them (Fair Credit Reporting Act).
Fair Housing Act (FHA): You can’t discriminate against renters based on:
- Race
- Color
- National origin
- Religion
- Sex
- Familial status
- Disability
The FHA prohibits unequal renting terms and discriminatory advertising (Fair Housing Act).
4. Use a Third-Party Screening Service
Pro Tip: Use TurboTenant for tenant screening to conduct credit, eviction, and thorough tenant background checks online.
5. Check Application References
Reach out to the applicant’s references to learn more. We recommend asking a range of questions, such as:
- Do you recall them ever missing payments?
- Did you have a positive experience with them as your tenant?
- Would you rent to them again?
6. Approve or Deny Applications
When making your final decisions, consider:
- Rental history: If a renter has less than 1 year of rental history, require a co-signer.
- Rent-to-income ratio: Look for a rent-to-income ratio where the monthly rent is below 30% of their gross income.
- Credit score: Consider setting a minimum credit score requirement of between 600 and 670.
Did you know? The best landlords in the business accept multiple applications on a first-come, first-served basis.
Denial Process
If you don’t handle denials consistently for all applicants, you increase the risk of discrimination claims.
Landlords in New Mexico can deny applicants based on their income, rental history, credit, or criminal background. You can also reject renters who apply with false information.
Denial notice: New Mexico law doesn’t require landlords to send rejection letters to tenants.
Credit/background denials: If you deny an applicant based on their credit or background check, the FCRA requires you to send them an adverse action notice. You must state the reporting agency’s name and contact details, and the renter’s right to dispute mistakes.
Document storage: In case someone files a discrimination claim, file away screening reports and application forms for at least 3 years.
Avoiding Fraud
You want honest, responsible tenants, not dishonest scammers. Use these tips to detect rental application fraud:
- Conduct eviction, credit, and background checks
- Verify the renter’s identity, employment, and income
- Fact-check all documents
New Mexico Rental Application FAQs
What is required to rent an apartment in New Mexico?
Renters must have qualifying income, good credit, and submit a completed New Mexico rental application.
Do you have to pay to submit a rental application?
In New Mexico, landlords can charge a fee up to $50 to cover screening costs (N. M. Stat. § 47-8-3 et seq).
What are the reasons a rental application can be denied?
- False answers
- Insufficient income
- Poor credit
How long does a landlord have to make a decision about a rental application?
Landlords often take up to 1 week to decide.
