Grab our free sample or generate an official New Mexico lease agreement for residential use. Read further about required disclosures in New Mexico, optional addendums for things like pets, and what New Mexico landlord tenant laws apply to residential lease agreements.
Lease Agreement Sample
Note: the lease starts on page 4 of the below document.
Click here to view/download the direct PDF file.
Quick Facts for New Mexico
Max Security Deposit
1 month’s rent for lease agreements less than a year; if the lease is longer, landlords must add interest to the security deposit
Who Needs to Sign
Landlord, all tenants, and all co-signers or guarantors
Landlord/Agent Identifoication & Lead-Based Paint
Legal Early Termination
Beyond written mutual consent, a tenant can break their lease without penalty in New Mexico if they’re starting active military duty, the unit is considered uninhabitable, or the landlord violates their privacy rights. In these cases, the landlord must make reasonable effort to re-rent the unit. A landlord may break a lease in New Mexico for a number of reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. Before breaking a lease, the landlord must first serve the tenant written notice.
Addendums to Consider
Pets, Utility Allocation, Mold, & Criminal Activity
What’s in a New Mexico Residential Lease Agreement
To start, let’s make sure we’re on the same page:
A residential lease agreement is a contract between a landlord and a tenant for the use of property for a fixed period in exchange for regular payments. By contrast, a rental agreement has no fixed period, and as a result, is usually month-to-month (read more). Residential lease agreements are governed by New Mexico landlord-tenant law.
Let’s now go through what you need to include in a residential lease agreement template in New Mexico. This includes:
- Basic/universal elements – these are applicable to ALL states, not just New Mexico.
- New Mexico-specific required disclosures – there is 1, plus 1 conditional federal disclosure.
- Applicable law – the legal stuff beyond lease agreements.
Basic Elements of Residential Lease Agreements in New Mexico
A lease introduction clearly states the full names of the tenant(s) and landlord(s), the date of the agreement and a detailed description of the rental property. It is critical to be as specific as possible when creating a lease introduction. The necessary components of a lease introduction are listed here:
- Names of the tenant and landlord: This is a small, yet crucial, piece of a residential lease agreement. The residential lease should include the full legal names of all adults living in the rental property. These names should be written or typed clearly. Shortened versions of names, abbreviations or nicknames should not be used. This ensures that involved parties are held accountable in the event of legal action.
- Date of the agreement: The date of the lease should be fully written, indicating the month, day and year. Dashes, slashes or abbreviations should be avoided to maintain clarity.
- Terms & Limits of Occupancy: This section defines the beginning and end date of the lease agreement, including provisions for any extensions. After any fixed periods, the contract can be week-to-week, month-to-month, quarter-to-quarter, or from year-to-year. The periods at which the rent is to be paid determine the tenancy.
- Address and description of the rental property: Here, the explicit address of the property should be stated. The landlord’s address should also be stated. This portion of the lease introduction makes it clear to both parties which features of the property are included in the lease. It should list all fixed and non-fixed features that are a part of the property. This may encompass:
- Interior boundaries
- Specific rooms
- Light fixtures
- Ceiling fans
- Air conditioning units
- Yard or other outdoor space
- Parking area
- Shed/additional storage
- Exterior fixtures
- Children’s play structure
- Furnishings, such as tables, chairs, beds, patio furniture or other items
- Rent, Utilities & Security Deposits: The amount of the first month’s rent, security deposit, and the total amount of funds required need to be clearly outlined on the lease agreement. The method by which the funds are to be paid should also be included.
This is a lease (the “Lease”) […] between (Name of owner of the property) (“Landlord”) and (Name of person(s) to whom the property is leased) (“Tenant”), made this day of (Date).
TERM. The lease will be for a term of (Number of months) beginning on (Start date) and ending on (End date).
PREMISES. The premises is a (Type of dwelling i.e. house, apartment, etc.) located at (Address of rental property). The following features are included on the property (List of amenities).
RENT & UTILITIES. Tenants will pay a monthly rent of (Rent amount) on the (Day) of each month. Tenants are responsible for utilities including (List of utilities).
Indicating these features in the lease introduction provides tenants with a list of items that they have access to throughout the duration of the lease and informs tenants which features are expected to remain on-premises after the lease term is complete. It also protects the landlord’s property upon the termination of the residential lease agreement
For landlords, this information should be used for verification purposes. Make sure to ask for current photo identification, such as a driver’s license, to verify each tenant’s identity. Once that’s verified, you’ll want to do background checks on all tenants 18 or older (see our guide here).
Required Disclosures in New Mexico
Any person authorized to enter the premises must be stated in the lease. The landlord, and anyone allowed to act on the landlord’s behalf (property manager,agent, etc.), must sign the lease agreement.
Landlord: Name Address: Full mailing address
Property Manager/Agent: Name Address: Full mailing address
Lead-Based Paint Hazards
This isn’t North Carolina-specific, but if the unit being rented out was built before 1978, the landlord is required to do the following 3 things:
- Provide the tenant with an EPA-approved pamphlet about the dangers of lead-based paint (see latest pamphlet PDFs here).
- Disclose any known information concerning lead-based paint in the unit (i.e. its location, condition, etc.), and include any records or reports about the paint or its hazards. For multi-unit buildings with common areas, this includes information from building-wide evaluations.
- Fill out and attach this disclosure form to the lease.
Pet Addendums in North Carolina
The landlord must give written permission for a tenant to keep pets on the property. Pets are defined as dogs, cats, birds, fish, or other domestic animals of any kind.
The lease agreement shall specify how many animals the tenant can have and the type of animal.
Tenants are required to pay a pet deposit fee of an amount outlined in the lease, which is non-refundable. If provisions for maintaining a pet is not included in the lease, it shall be added as an addendum to the lease agreement.
The signed pet agreement applies only to the pet specified in the signed contract. The pet addendum may not be substituted or transferred to any other pet. The landlord reserves the right to terminate the pet agreement if the tenant violates the terms of their contract.
Tenants are responsible for keeping their pets under control and not leaving them unattended for an unreasonable amount of time.
Tenants are responsible for their pets and any property damage caused by the pets.
It shall be the tenant’s responsibility to control any flea infestation because of their pets and to pay for the extermination of any and all affected areas.
The landlord is not liable for any injury that occurs from an attack or interaction with an animal, whether it occurs on or off the property. If an attack from an animal occurs and there is no fencing around the property, the landlord is not held liable because of the absence of a fence.
Although they are not required, the tenant is encouraged to obtain pet liability insurance if it is offered as a rider to their renter’s insurance policy.
After the lease has ended, the pet deposit will be used for cleaning the carpets or other areas damaged as a result of having pets on the premises.
Read our guide on pet policies and our blog post about service animal documentation for more information.
Check out our sample of a pet addendum below.
This Addendum is made on [ DATE ] between [ LANDLORD’S NAME ] (Landlord) and [ TENANT’S NAME ] (Tenant), and is understood to modify the Residential Lease for [ PROPERTY ADDRESS ] originally dated [ DATE ].
The landlord grants permission to the tenant to keep the domesticated pet(s) on the premises during the term of the lease agreement (INCLUDE LEASE START AND END DATE). The landlord may revoke permission at any time if the tenant fails to comply with any of the terms and conditions in the lease or following addendums.
2. SERVICE ANIMALS
Service, Guide, Signal, or Support animals are not “Pets” according to the Americans with Disabilities Act (ADA), as long as the animal is being used by the tenant to support a disability or handicap, or if the tenant is training the animal(s).
If the tenant’s pet actually a Certified Service Animal or in training to be a Certified Service Animal? : _______ Yes _______ No
3. ANIMAL PROFILE
Type of Animal(s): Dog, Cat, Bird, Rabbit, Pig, Reptile, Fish (circle all that apply)
Name of Animal(s): ________________________
Weight of Animal(s): ______________________ (lbs.)
Breed of Animals(s): ______________________
Age of Animal(s): ________________________
Spayed or Neutered?: __________ Yes _______ No
Current on Vaccinations?: _______ Yes _______ No
Valid Animal Licenses?: _________ Yes _______ No
Beyond what’s stated in a residential lease agreement, there are numerous laws that govern a rental arrangement. We’ll go through the most important ones below.
Security Deposits in New Mexico
In New Mexico, the landlord is permitted to ask the tenant for any reasonable amount when they are starting a new lease. For a lease that is less than one year, the tenant will be required to pay a single month’s rent for the security deposit. According to statute § 47-8-18(A)(1), for an annual rental agreement, the landlord must pay the yearly tenant interest on the deposit that they have given.
This deposit can be used to cover the cost of any owed rent or utilities when the tenant vacates or to fix any damage that the tenant has caused in the unit. If the deposit does not need to be used for these things, the landlord will need to return the deposit with interest to the tenant within 30 days of vacating the property. If it is used, a list of damages and charges must be sent to the tenant along with any remaining deposit. If the landlord does not return the deposit within this time period, they forfeit their right to the deposit and any claims to recover the cost of the damages.
Breaking a Lease in New Mexico
Breaking the lease typically has a lot of penalties associated with it. When a tenant breaks the lease that they have agreed to, they can be charged for the amount of rent that they would owe until the lease expired, and doing this could negatively affect the credit of the renter. There are some situations that will allow a tenant to break a lease without facing consequences, but the majority of the reasons that a tenant breaks a lease will not be forgiven. Some reasons that will not be justified include:
- Moving into a new home or a location that suits the tenant better.
- Moving to be closer to a new job or school that the tenant is attending.
- Moving in with someone else to share the cost of living.
Eviction Process in New Mexico
If the tenant fails to keep to the terms that are on the lease, the landlord may want to start the process of evicting them from the property. The process begins when the landlord sends a Notice to Quit to the tenant for either non-payment of the rent or non-compliance of the terms of the lease. The tenant will have a certain amount of time to cure the notice or vacate the property. For non-payment, the tenant will be given a three-day Notice to Quit, and for non-compliance issues, the tenant will be given a seven-day Notice to Quit. If the tenant does not comply with the notice that was sent to them, the landlord can proceed with the eviction process by filing a petition and a summons. This must be served to the tenant seven days before they are to show up in court for a hearing.