Association of Realtors Version
REALTORS® ASSOCIATION OF NEW MEXICO RESIDENTIAL RENTAL AGREEMENT
What the form covers?
This New Mexico Rental Lease Agreement includes New Mexico landlord-tenant laws:
- New Mexico Residential Landlord-Tenant Laws
- Security Deposit Law
- Lease Termination
- Landlord’s Access to the Property
- Required Disclosure Forms
- Rent Due Date plus Late Fees
New Mexico Residential Landlord-Tenant Laws
Security Deposit Law
Summary:
- 30 Days – Landlords must return the security deposit within 30 days of lease termination.
- Itemized List – Deductions must be itemized and shared with the tenant.
- Maximum – For leases less than one year, the security deposit cannot exceed one (1) month’s rent.[2]
Lease Termination
Summary: Both landlords and tenants can terminate a lease under certain conditions:
- Landlord’s Ability to Terminate
- 3-day notice for nonpayment of rent.
- 7-day notice for lease violations.
- Tenant’s Ability to Terminate
- Tenants may terminate due to habitability issues after notifying the landlord.
- 30-day notice required for month-to-month leases.[3]
Landlord’s Access to Property
Required Disclosure Forms (2)
- Lead-Based Paint Disclosure Form – Landlords must provide a brochure if the property was built before 1978.
- Move-in Checklist – Tenants must report any property issues upon move-in to avoid responsibility for pre-existing damage.
- Landlord Identity – The landlord must inform the tenant of who is authorized to manage the property or act for the owner and provide full legal name and mailing address to send notices.[5]
Paying Rent
Tenants Rights and Freedom from Retaliation Laws
- Reporting health or safety violations.
- Requesting repairs.
- Joining a tenant organization.
Examples of retaliation include raising rent, reducing services, or attempting eviction.[8]