Grab your FREE New Mexico residential sublease agreement sample and read further about subletting laws in New Mexico, required disclosures, optional addendums and what other New Mexico landlord-tenant laws apply to residential sublease agreements.
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What is a New Mexico Sublease Agreement?
A sublease agreement is an option that many tenants will use when they are going on to another location for a few months. A student may use it if they are planning on going home for the summer semester, or a person may use this type of agreement if they plan on going to another state to take a vacation for a few months. Basically, this arrangement will allow a new tenant to take over the rent and the utilities while the original tenant is away to reduce their financial responsibility. This can be a short term arrangement or one that goes until the end of the current lease period.
Subletting Laws in New Mexico
In the state of New Mexico, there are no specific laws that pertain to subletting a rental property, but if the original lease states that this is not allowed, then it cannot be done for the rental unit. The landlord cannot simply refuse a sublease when there is nothing written in the original lease, but they can request that they give their consent when the person renting the unit changes. A written notice for a sublease agreement to occur should be sent to the landlord before the agreement begins. After a period of 30 days, it is inferred that the agreement is supported by the landlord.
The landlord does not have to deal with the new tenant; the original tenant will take over the role of sub-lessor, which will effectively make them the landlord to the sub-lessee or the new tenant. They will still be responsible for making sure that the landlord gets the rent on time, and that the tenant follows all of the terms of the lease.
What to Include in a New Mexico Sublease Agreement
- The term of the agreement. This should include the start date as well as the end date.
- The names of the sub-lessor and the sub-lessee.
- The address of the rental property.
- The amount of rent that the sub-lessee will be responsible for paying. Also, include where the rent should be taken.
- The security deposit that the new tenant will be responsible for paying.
- Other expenses that the new tenant will need to cover. If the utilities are staying in the original tenant’s name, it needs to be mentioned as well.
- The terms of the lease, including whether pets are permitted on the premises.
- The signature of both parties, the date of the signing, and the landlord’s consent if it is required.