Lease Agreements By Type (7)
Association of Realtors Version: The Realtors Association of New Mexico provide a customizable lease that explicitly lists the provisions to renting a property.
Download: PDF |
Commercial Lease Agreement: Documents the use of commercial space for a time period that is contingent on monthly compensation.
Download: PDF, Word (.docx) |
Lease to Own Agreement: Defines the conditions and terms for renting a property while offering a chance to purchase.
Download: PDF |
Month-to-Month Lease: Presents the rental conditions for property, as well as allowing termination with 30 days’ notice.
Download: PDF, Word (.docx) |
Roommate Agreement: Explicitly guarantees the rental of a residence as a cohabitant.
Download: PDF, Word (.docx) |
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Standard Lease Agreement Download: PDF, Word (.docx) |
Sublease Agreement: Dispenses the rental provisions between sublandlord and subtenant while documenting landlord approval.
Download: PDF, Word (.docx) |
Additional Forms
Broker Duties Disclosure (Form 1401): Rental property lease brokers provide this to the parties they represent in order to inform them of their duties.
General Addendum (Form 2300): Landlords use this paperwork whenever they must provide additional information to a lease.
Property Management Agreement (Form 6102): Landlords/Owners use this form to define terms whenever seeking property managers.
Required Landlord Disclosures
1.) Identification of the Landlord or Authorized Agents (§ 47-8-19): The state requires the name, address, and contact information for the owner of a property are explicitly put in writing.
2.) Lead-Based Paint (42 U.S. Code § 4852d) – Properties built before 1979 are held to the standard of providing informative materials on lead-based paint and its effects on human health.
3.) Utility (Submeter) Disclosure (NM Stat. Ann. § 47-8-20): Landlords with multiple units who receive the bill for all utilities and keep track of tenants with submeters must disclose such facts as well as the ratio or formula they use to calculate usage.
When is Rent Due?
Unpaid Rent: Landlords serve a 3-day notice of nonpayment, which also warns that nonpayment results in lease termination (NM Stat § 47-8-33).
Late Fees
NSF Fees
Security Deposit Maximum ($)
Mobile Home Parks: Mobile home landlords may request a deposit of 1 month’s rent or, specifically for multiwide units, 2 months’ rent (NM Stat § 47-10-8).
Security Deposit Return
Returning to Tenant: Landlords have 30 days to return the deposit, as well as applicable interest after the later of:
- Lease termination
- The day the tenant vacates (NM Stat § 47-8-18).
Itemized List: In addition to the deposit, the landlord must produce an account of all deductions from the security amount (NM Stat § 47-8-18).
Landlord’s Right to Enter
Emergency Entry: Landlords may enter a residence without consent whenever an emergency situation requires immediate attention (N.M. Stat. Ann. § 47-8-24(B))
Absences
Repair and Deduct
When a Tenant Terminates the Lease (early)
Domestic Violence: New Mexico allows early termination with 30 days’ notice with a court protection order or documentation from a domestic violence advocate ((NM Stat § 47-8-33), (2021 N.M. S.B. 338, § 2).
Military Service: Service members terminate leases with 30 days’ notice whenever they must move to obey orders.
Landlord Noncompliance: Material noncompliance with a lease contract is grounds to terminate if the landlord does not attempt to correct the problem after a 7-day notice (NM Stat § 47-8-27.1).
Landlord Harassment: Tenants can terminate a lease over landlord harassment, especially unreasonable entry (NM Stat § 47-8-24).
Inhabitability: Tenants give the landlord a 7-day notice to remedy the habitability issue; however, can only terminate if no reasonable attempt is made (NM Stat § 47-8-27.1).







