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New Mexico Sublease Agreement Template

A New Mexico sublease agreement is a rental contract where a tenant (the sublessor) rents out part or all of their leased property to someone else (the sublessee). During the sublease, the original tenant takes on the role of landlord to the sublessee.

Last updated May 9th, 2025

A New Mexico sublease agreement is a rental contract where a tenant (the sublessor) rents out part or all of their leased property to someone else (the sublessee). During the sublease, the original tenant takes on the role of landlord to the sublessee.

Tenant Right to Sublet

  • New Mexico state law does not mandate subletting laws between landlords and tenants.
  • The Landlord Consent Form is used to get the Landlords written approval.

Short-Term Lodgings Tax Rules

Short-term rentals (STRs) in New Mexico are subject to the state’s Gross Receipts Tax, which functions similarly to a sales tax, and Local Lodgers Tax. The applicable rate varies by location. Additionally, certain jurisdictions may impose local lodgings taxes depending on the property’s location.

Gross Receipts Tax – 5.125% to 8.6875%. [1]

Local Lodgings Tax – 5% to 7.1%. Varies by location. [2]

Compliance Steps for Hosts in New Mexico

  1. Register for Taxes – Sign up with the New Mexico Taxation and Revenue Department to get a CRS number (for Gross Receipts Tax).
  2. Register Locally – Register with your city or county to pay Lodgers’ Tax, if required (check local laws).
  3. Collect Taxes – Collect Gross Receipts Tax (GRT) and any Lodgers’ Tax from guests.
  4. Remit Taxes – Pay the collected taxes to the state and local authorities by their deadlines.
  5. File Tax Returns – Submit tax returns regularly—even if a platform like Airbnb or Vrbo collects and remits taxes for you.

Sample New Mexico Sublease Agreement