Unlike a rental application, a New Mexico lease agreement is a rental contract between a landlord (lessor) and a tenant (lessee). It outlines the terms and conditions for tenancy in the state of New Mexico, establishing the occupancy rights and both parties’ responsibilities.
Formswift: Create a rental agreement in minutes with our New Mexico lease agreement
Our New Mexico lease agreement template empowers you to quickly create a contract tailored to your specific needs. Say goodbye to the hassle of starting from scratch and save valuable time with our user-friendly legal document solution.
The most commonly used New Mexico lease agreement is the fixed-term, standard residential lease agreement. This rental agreement includes essential details like the duration of the lease, rent amount, security deposit, property management, pet policies, and maintenance responsibilities.
How to write a New Mexico lease agreement
Our user-friendly template simplifies the process of writing a New Mexico rental lease agreement.
- Start by filling in basic information about the landlord and tenant, such as names and contact details.
- Then, specify the rental property's address, move-in date, lease duration, rent amount, rent due date, rent payment methods, late fees, and any additional terms.
- Finally, get both the landlord and tenant to sign the finalized document.
Which disclosures belong in a New Mexico lease agreement?
You should include certain disclosures in a New Mexico lease agreement to ensure compliance with state laws.
Lead-based paint disclosure
If the rental property was built before 1978, federal law requires disclosing the potential presence of lead-based paint.
Mold disclosure
New Mexico law requires landlords to inform tenants about known mold in the rental property.
Utility responsibility
Clearly outline which utilities the tenant is responsible for and which are covered by the landlord.
Security deposit
Provide information on how the security deposit will be handled, including its amount, purpose, and conditions for refund.
What you need to know about New Mexico lease agreement deposits
New Mexico landlords often require tenants to provide a security deposit before moving in. This deposit acts as financial protection for the landlord in case of property damage or nonpayment of rent. It's important to understand the following:
Landlords can only charge up to one month’s rent for leases lasting less than a year. For leases that are longer than a year, there are technically no maximum limits for security deposits.
Landlords must keep the security deposit in a separate account. They must then return it to the tenant within 30 days after the lease termination date, minus any legitimate deductions.
If the landlord intends to withhold any portion of the security deposit, they must provide an itemized list of deductions, including repair costs or unpaid rent.
Frequently asked questions
Generally, a landlord can’t raise the rent during the lease term unless it’s specified in the lease agreement. Rent increases are more common when renewing the lease.
Breaking a lease early may result in financial consequences. However, in certain circumstances—such as military deployment—rental laws may allow for lease termination. Consult your lease agreement and seek legal advice if needed.
In most cases, property owners must provide reasonable notice before entering the rental unit, except in emergencies or agreed-upon circumstances. New Mexico law typically requires at least 24 hours' notice.
In some cases, landlord-tenant laws allow tenants to withhold rent if the landlord fails to address significant maintenance issues that affect the habitability of the property. However, specific conditions must be met. We recommend you seek out real estate-specific legal advice if this situation occurs.
While not legally required, it is highly recommended.
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