New Mexico Residential Lease Agreement Template
A residential lease agreement written for New Mexico rentals in Albuquerque, Santa Fe, Las Cruces, and beyond. It follows the structure of the New Mexico Uniform Owner-Resident Relations Act.
Last updated: August 5, 2026
What Is a New Mexico Residential Lease Agreement?
New Mexico governs residential tenancies through the Uniform Owner-Resident Relations Act, which uses the terminology of owner and resident rather than landlord and tenant, and which sets out habitability duties, deposit rules, notice periods, and remedies in a single statutory chapter. The most distinctive deposit rule in New Mexico ties the cap to the length of the tenancy: for shorter agreements the deposit is limited relative to monthly rent, while longer agreements allow more flexibility, with an interest obligation attaching in some circumstances. New Mexico also gives residents a defined process to raise habitability problems and, in some cases, to abate rent, which puts a premium on documented written repair requests. The state legislature revisited several provisions of the Act in recent sessions, adjusting notice periods and remedies, so an older form is a real risk here. There is no statewide rent control, and local governments have limited authority in this area. Because the deposit tiers and notice periods have moved, verify each figure against the current New Mexico Statutes.
A residential lease agreement is a written contract in which a landlord grants a tenant the right to occupy a specific residential property for a fixed period in exchange for rent. It records the details that disputes are usually fought over: how much rent is due and when, how long the tenancy lasts, how large the security deposit is, who pays which utilities, and what each side must do to keep the property in livable condition.
When to Use This Template
- ✓You are renting out a house, apartment, condo, or duplex for a fixed term such as six or twelve months.
- ✓You want rent, late fees, and the due date documented so there is no argument later.
- ✓A security deposit is being collected and you need written rules for how it can be used and returned.
- ✓More than one adult will live in the unit and you want everyone jointly responsible for rent.
- ✓You are replacing a handshake arrangement or an expired lease with something enforceable.
- ✓A property manager or lender has asked for a signed lease on file.
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Full text of the template. Fields in [BRACKETS] are placeholders you fill in.
New Mexico Residential Lease Agreement
1. 1. Parties
This Residential Lease Agreement (the "Agreement") is entered into on [AGREEMENT DATE] between [LANDLORD NAME], with a notice address at [LANDLORD ADDRESS] ("Landlord"), and [TENANT NAME] ("Tenant"). Landlord and Tenant are each referred to as a "Party" and together as the "Parties." Every adult who will occupy the property must sign this Agreement, and each signer is jointly and severally liable for all obligations under it. Notices are effective when delivered in person, sent by certified mail, or emailed to [LANDLORD EMAIL] or [TENANT EMAIL].
2. 2. Premises
Landlord leases to Tenant the residential property located at [PROPERTY ADDRESS], together with [PARKING SPACE / STORAGE UNIT / OTHER INCLUDED AREAS] (the "Premises"). The Premises are rented as [FURNISHED / UNFURNISHED / PARTIALLY FURNISHED] and include the appliances listed on the move-in checklist attached as Exhibit A. Tenant has inspected the Premises and accepts them in their present condition except for the items noted on that checklist. No more than [MAXIMUM OCCUPANTS] people may occupy the Premises without prior written consent from Landlord.
3. 3. Term
The initial term of this Agreement begins on [START DATE] and ends at 11:59 p.m. on [END DATE] (the "Term"). Either Party may give written notice of intent not to renew at least [RENEWAL NOTICE DAYS] days before the end date. If Tenant remains in the Premises after the Term with the written consent of Landlord, the tenancy converts to a month-to-month tenancy on the same terms, except that rent may be adjusted on [RENT CHANGE NOTICE DAYS] days written notice. If Tenant remains without consent, Tenant owes holdover rent of [HOLDOVER DAILY RENT] per day plus any damages Landlord incurs.
4. 4. Rent
Tenant agrees to pay rent of [MONTHLY RENT] per month, due in advance on the [RENT DUE DAY] day of each month without demand, offset, or deduction. Payment must be made by [PAYMENT METHOD] to [PAYEE NAME AND PAYMENT ADDRESS OR ACCOUNT]. If rent is not received within [GRACE PERIOD DAYS] days after the due date, Tenant owes a late fee of [LATE FEE AMOUNT], and any payment returned unpaid carries a fee of [RETURNED PAYMENT FEE]. Rent for a partial first or final month is prorated on a daily basis. Late fees are treated as additional rent, and accepting a late or partial payment does not waive any right of Landlord.
5. 5. Security Deposit
On signing this Agreement, Tenant will deliver [SECURITY DEPOSIT AMOUNT] to Landlord as security for performance of the obligations of Tenant (the "Deposit"). The Deposit is not prepaid rent and may not be applied by Tenant toward the final month of the Term. Landlord may apply the Deposit to unpaid rent, unpaid utilities, cleaning beyond normal wear and tear, and damage caused by Tenant, occupants, or guests. Within [DEPOSIT RETURN DAYS] days after Tenant surrenders the Premises, Landlord will return any unused portion together with an itemized statement of deductions, sent to the forwarding address supplied by Tenant. Landlord will hold and return the Deposit in the manner and within the time limits required by applicable law.
6. 6. Utilities and Services
Tenant is responsible for arranging and paying for the following: [TENANT-PAID UTILITIES, E.G. ELECTRICITY, GAS, INTERNET]. Landlord is responsible for [LANDLORD-PAID UTILITIES, E.G. WATER, SEWER, TRASH]. Tenant must open accounts for tenant-paid utilities in the name of Tenant on or before the start of the Term and keep them active until the Premises are surrendered. An interruption caused by a utility provider or by circumstances outside the reasonable control of Landlord does not entitle Tenant to withhold rent, but Landlord will act promptly to restore any service that Landlord controls.
7. 7. Use and Occupancy
The Premises may be used only as a private residence by Tenant and the occupants named in this Agreement. Tenant may not use the Premises for any unlawful purpose or operate a business that draws customer traffic to the property. Tenant agrees not to create noise or conduct that unreasonably disturbs neighbors and to follow any community, condominium, or homeowners association rules that Landlord provides in writing. A guest may stay no longer than [GUEST STAY LIMIT DAYS] consecutive days without written consent from Landlord.
8. 8. Pets
No animal may be kept on the Premises except as expressly permitted here: [PERMITTED PETS, INCLUDING TYPE, BREED, AND WEIGHT LIMITS]. If pets are permitted, Tenant will pay a pet deposit of [PET DEPOSIT AMOUNT] and monthly pet rent of [PET RENT AMOUNT], and remains fully liable for any damage, odor, or pest treatment caused by the animal. Tenant will keep animals leashed or contained in common areas and will remove waste promptly. This section does not apply to assistance animals that Landlord is required to accommodate under applicable law.
9. 9. Maintenance, Repairs, and Alterations
Landlord will maintain the structure, roof, plumbing, electrical system, heating, and any appliances supplied by Landlord in safe and working order. Tenant will keep the Premises clean and sanitary, dispose of trash properly, avoid damage beyond normal wear and tear, and notify Landlord in writing as soon as a repair, leak, or unsafe condition appears. Tenant is responsible for the cost of repairs caused by the negligence or misuse of Tenant, occupants, or guests, including drain blockages and broken glass. Tenant may not paint, install fixtures, change locks, or make alterations without prior written consent from Landlord, and any approved alteration becomes part of the Premises unless Landlord requires its removal at the end of the Term. Tenant will keep smoke and carbon monoxide detectors in working order and will not disable them.
10. 10. Landlord Right of Entry
Landlord may enter the Premises to inspect the property, make repairs, supply agreed services, or show the unit to prospective tenants, buyers, lenders, or contractors. Except in an emergency, Landlord will give Tenant at least [ENTRY NOTICE HOURS] hours advance notice and will enter only at reasonable times of day. In an emergency involving risk to persons or property, or where the Premises appear to have been abandoned, Landlord may enter without notice. Landlord will not use the right of entry to harass Tenant or to enter repeatedly without a legitimate purpose.
11. 11. Assignment and Subletting
Tenant may not assign this Agreement, sublet all or part of the Premises, or list the Premises on a short-term rental platform without prior written consent from Landlord. Landlord will not unreasonably withhold consent but may require a written request, screening of the proposed occupant, and a signed sublease that incorporates this Agreement. Any assignment or sublease made without consent is void and is a material breach. Even where consent is granted, Tenant remains fully liable for rent and damage unless Landlord releases Tenant in writing.
12. 12. Default and Remedies
Tenant is in default if rent is not paid when due, if Tenant breaches any other obligation and fails to cure it within [CURE PERIOD DAYS] days after written notice, or if Tenant abandons the Premises. On default, Landlord may pursue any remedy available under applicable law, including ending the tenancy, recovering possession, and recovering unpaid rent, late fees, and damages. Landlord will make reasonable efforts to re-rent the Premises and will credit rent actually collected against amounts owed by Tenant. The prevailing Party in any action to enforce this Agreement may recover reasonable attorney fees and costs to the extent permitted by law.
13. 13. Termination and Surrender
This Agreement ends on the last day of the Term unless renewed in writing or converted to a month-to-month tenancy as described above. On or before the end date, Tenant will remove all personal property, return every key, remote, and access device, and leave the Premises clean and in the same condition as at move-in, excepting normal wear and tear. Tenant will give Landlord a written forwarding address so the deposit statement can be delivered. Early termination by Tenant requires [EARLY TERMINATION NOTICE DAYS] days written notice and payment of an early termination fee of [EARLY TERMINATION FEE], where such a fee is permitted by law. Personal property left behind after surrender may be handled by Landlord as applicable law allows, and Tenant may be charged for removal and storage.
14. 14. Governing Law
This Agreement is governed by the laws of the state where the Premises are located, without regard to conflict of law rules. If any provision conflicts with a mandatory landlord-tenant statute or local ordinance, that statute or ordinance controls and the rest of the Agreement remains in effect. The Parties agree that any dispute will be brought in a court of competent jurisdiction in [COUNTY AND STATE]. Nothing in this Agreement waives a right that applicable law does not permit to be waived.
15. 15. Entire Agreement
This Agreement, together with any exhibits and written addenda signed by both Parties, is the entire agreement between Landlord and Tenant and replaces all prior listings, emails, discussions, and promises about the Premises. No change is effective unless it is in writing and signed by both Parties. If a court finds any provision unenforceable, the remaining provisions stay in full force. A failure by either Party to enforce a provision on one occasion is not a waiver of that provision on any other occasion.
16. 16. Signatures
The Parties have read this Agreement, understand it, and agree to be bound by it as of the dates written below. Landlord signature: ____________________ Print name: [LANDLORD NAME] Date: [DATE] Tenant signature: ____________________ Print name: [TENANT NAME] Date: [DATE] Additional tenant signature: ____________________ Print name: [ADDITIONAL TENANT NAME] Date: [DATE]
17. New Mexico Landlord-Tenant Highlights
The Uniform Owner-Resident Relations Act requires the owner to maintain the dwelling in a safe and habitable condition, comply with applicable housing codes materially affecting health and safety, and keep supplied heating, plumbing, and electrical systems in working order. New Mexico's security deposit cap is tiered by the length of the rental agreement, with a lower relative ceiling for shorter agreements and greater flexibility for longer ones, and an interest obligation attaching in defined circumstances; enter [SECURITY DEPOSIT AMOUNT] only after confirming which tier applies. Residents have statutory procedures for giving written notice of a condition affecting health or safety and for pursuing remedies if the owner does not act within the statutory window. Notices for nonpayment of rent, for lease violations, and for terminating periodic tenancies each run on their own timelines under the Act, and several were amended in recent sessions. Self-help evictions, lockouts, and utility shutoffs are prohibited, and possession must be recovered through the courts.
18. Required Disclosures in New Mexico
For any New Mexico dwelling built before 1978, federal law requires the lead hazard pamphlet, disclosure of known lead-based paint, and the federal warning language in the lease. The Act contemplates that the owner disclose in writing the name and address of the owner or the person authorized to manage the premises and to receive notices at [OWNER OR AGENT NOTICE ADDRESS]. Owners commonly document the condition of the premises at move-in and provide the resident a copy, which is the practical foundation of any later deposit deduction. Where the property is served by a private well, a shared acequia or ditch right, or a septic system, disclosing the arrangement and maintenance responsibility avoids a distinctly New Mexican dispute. Confirm the current disclosure requirements in the New Mexico Statutes before finalizing.
19. New Mexico Official Resources
For current statutes and official guidance, consult the New Mexico Legislature (New Mexico Statutes) (https://www.nmlegis.gov). State law changes — verify any deadline, cap, or disclosure requirement against the current official text before relying on it.
20. 17. Disclaimer
This template is provided for informational purposes only and is not legal advice. Landlord-tenant law differs by state, county, and city, and some provisions here may be limited or unenforceable where the property is located, including caps on deposits, late fees, and entry notice. ScanContract is not a law firm and no attorney-client relationship is created by using this template. Have a licensed attorney in your jurisdiction review the final agreement before anyone signs it.
Key Clauses Explained
What each important clause does — and what to watch out for before you sign.
Rent and Late Fees
Fixes the monthly amount, the due date, the accepted payment method, and what happens when a payment is late or returned unpaid.
Watch for a grace period of zero days combined with a flat late fee that hits on day one, and for language that stacks a daily fee on top of the flat fee. Also check that the payment method is one you can actually use every month, because a lease that only accepts a portal with a processing charge quietly raises your rent.
Security Deposit
Sets the deposit amount, the permitted deductions, and the deadline for returning the balance with an itemized statement.
Watch for open-ended deduction language such as cleaning and repainting on move-out, which turns routine wear into a charge against your money. Insist on a written move-in condition checklist with photos, and confirm the return deadline matches what your state requires rather than a longer window written into the form.
Term and Renewal
States the start and end dates and what happens when the term runs out, including automatic conversion to month-to-month.
Watch for automatic renewal that locks you into another full year unless you give notice months in advance. Put the notice deadline in your calendar the day you sign, and confirm whether holdover rent applies at a penalty rate if you stay even a few days past the end date.
Maintenance and Repairs
Splits responsibility between the structural and system repairs owed by the landlord and the day-to-day upkeep owed by the tenant.
Watch for clauses that push appliance replacement, HVAC servicing, or a fixed repair deductible onto you. Anything phrased as tenant is responsible for all repairs under a dollar amount can add up fast, and a clause requiring you to waive habitability rights is a red flag.
Landlord Right of Entry
Defines when and how the landlord may come into the home, and the advance notice required outside emergencies.
Watch for entry at any reasonable time with no stated notice period, or a broad emergency definition that swallows the rule. If the landlord plans to show the unit during your final months, ask for a fixed notice window and limits on showing hours before you sign.
Early Termination
Explains the notice and fee required if the tenant needs to leave before the term ends.
Watch for a clause making you liable for rent through the end of the term with no duty for the landlord to re-rent. A reasonable version caps your exposure at one to two months and confirms the landlord will actively look for a replacement tenant.
Joint and Several Liability
Makes each adult signer responsible for the entire rent, not just a personal share.
Watch for this when you are signing with people you do not know well, because if a co-tenant stops paying the landlord can pursue you for the full amount. A separate roommate agreement will not change what the landlord can collect, so only sign jointly with people you trust.
Assignment and Subletting
Controls whether the tenant can hand the lease to someone else or rent out part of the property.
Watch for an absolute ban with no consent standard, which removes your exit if your job or family situation changes. Ask for language saying consent will not be unreasonably withheld, and confirm short-term rental listings are addressed explicitly if that matters to you.
Frequently Asked Questions
What is the security deposit limit in New Mexico?▾
How much notice is required to end a New Mexico tenancy?▾
Does a lease need to be notarized in New Mexico?▾
How do repairs and habitability complaints work in New Mexico?▾
Is a residential lease agreement legally binding?▾
Does a lease agreement need to be notarized?▾
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