New Mexico residential lease agreement

You may charge an applicant a one-time screening fee of no more than $50 to cover the cost of a credit report, reference check or screening service, and no other fee to process an application. Before charging it, give written or digital notice of the fee, get the applicant's written agreement to pay, and give a receipt once it is paid.

NMSA 1978 § 47-8-19.2 NMSA 1978 § 47-8-19.3

• Do not charge the fee when you know or should know the home is not available now or will not be at the start of the residency. NMSA 1978 § 47-8-19.2(A)(2)
• Hold a card payment, or wait to deposit cash or a check, until every earlier applicant has been screened and turned down or offered the home and declined. NMSA 1978 § 47-8-19.2(A)(4)
• Return the fee within 30 calendar days if an earlier applicant is offered the home and agrees to rent it, or if you do not obtain a credit report, check references, use a screening service or process the application. Return it by certified mail, destroy an uncashed check on request, or make it available for pickup. NMSA 1978 § 47-8-19.2(B), (C)
• Do not charge an applicant a second screening fee if you screened them within 90 calendar days of the application for any property under the same ownership, and give the applicant a copy of any report used to screen them. Keep that same-owner, 90-day fee restriction distinct from a blanket duty to accept any applicant-supplied portable report. Confirm the applicable reuse requirements and actual report before ordering or charging again. NMSA 1978 § 47-8-19.3 Laws 2025, chapter 122: final SB 267, section 4
• An unauthorized screening fee makes you liable for $250 and for returning every fee the applicant paid. NMSA 1978 § 47-8-48(B)
• An applicant includes someone who agrees to act as a guarantor or cosigner. NMSA 1978 § 47-8-3(D)
• For a New Mexico brokerage managing property for others, NMAC 16.61.24.15 requires property-management records to be accessible from the registered brokerage office. Keep the previous six years during a management agreement and retain records for six years after that agreement ends. The qualifying broker is responsible for maintenance and safekeeping. This is a brokerage management rule, not a universal six-year disposal date for every private owner or application. Check other retention duties and any dispute before discarding records. NMAC 16.61.24.6 and 16.61.24.15

The New Mexico Human Rights Act bars refusing to rent, setting different terms, or advertising or asking questions that show a preference because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy, childbirth or a related condition, spousal affiliation, physical or mental disability, or military status.

NMSA 1978 § 28-1-7(G)

• Disability protection applies where the disability is unrelated to the person's ability to rent and maintain the housing. NMSA 1978 § 28-1-7(G)
• Retaliating against someone who opposed discrimination or took part in a complaint is also unlawful. NMSA 1978 § 28-1-7(I)(2)
• The Human Rights Act exempts some owner-occupied buildings of up to four units, and some single-family rentals by an owner of no more than three that are not advertised in a discriminatory way. NMSA 1978 § 28-1-9(A), (D)
• Retaliation for a fair housing complaint to a government agency is barred by the Owner-Resident Relations Act too. NMSA 1978 § 47-8-39(A)(4) See Retaliation on the New Mexico page

At or before the start of the residency, disclose in writing the name, address and telephone number of the person who manages the premises and of an owner or agent for service of process and notices, and keep them current. Give each tenant a written rental agreement before occupancy; rules bind the tenant only if copies were given at signing. A published listing must itemize the base rent and every fee or charge the tenant will pay during the residency.

NMSA 1978 § 47-8-19 NMSA 1978 § 47-8-19.1 NMSA 1978 § 47-8-20(G) NMSA 1978 § 47-8-23(F)

• Without the owner and manager disclosure, the tenant need not give you the notices the Act requires. NMSA 1978 § 47-8-19(D)
• Rules bind the tenant only if they meet the Act's fairness tests and the tenant got copies at signing; later rules need reasonable notice and may not substantially change the bargain. NMSA 1978 § 47-8-23
• You are not liable when a third-party website fails to show the costs you gave it. NMSA 1978 § 47-8-19.1
• Screening fees need written or digital notice and the applicant's written agreement before they are charged. NMSA 1978 § 47-8-19.2(A)(1) See Application and screening fees on the New Mexico page
• Federal law adds a lead paint disclosure for older homes; it was not read for this page. NMSA 1978 §§ 47-8-1 to 47-8-52

The Owner-Resident Relations Act requires no flood disclosure. Other New Mexico law was not checked for one.

NMSA 1978 §§ 47-8-1 to 47-8-52

• If fire or casualty substantially impairs the home, the tenant may move out and end the agreement or stay in the usable part at reduced rent. NMSA 1978 § 47-8-31 See Tenant repair remedies on the New Mexico page

In writing, at or before the start of the residency, give the tenant the name, address and telephone number of the person authorized to manage the premises, and of an owner or person authorized to accept service of process and notices for the owner. Keep the information current; the duty binds any later owner or manager.

NMSA 1978 § 47-8-19

• The named manager becomes the owner's agent for the owner's duties, and the named agent for service and notices becomes each owner's agent for that purpose. NMSA 1978 § 47-8-19(C)
• If you do not comply, the tenant is excused from giving you the notices the Act requires. NMSA 1978 § 47-8-19(D)
• When the owner's interest ends, for example by sale, the owner is released for later events once the tenant gets written notice, and the tenant then pays rent to the successor. NMSA 1978 § 47-8-21(A)

You may ask for a reasonable deposit to cover damage the tenant causes. Under a rental agreement of less than one year, you may not demand or receive a deposit of more than one month's rent. Under an annual rental agreement a larger deposit is allowed, but a deposit over one month's rent earns the tenant interest each year.

NMSA 1978 § 47-8-18(A)

• The Act defines a deposit as money or an instrument the tenant hands over as a pledge to abide by the rental agreement, and sets no separate rule for pet deposits. NMSA 1978 § 47-8-3(F)
• The deposit section does not cover last month's rent paid in advance, and a damage deposit may not be treated as prepaid rent. NMSA 1978 § 47-8-18(B)
• Unless you and the tenant agree in writing, a rent payment may not be applied to deposits or damages. NMSA 1978 § 47-8-15(G)
• For the yearly interest on a larger deposit under an annual agreement, see deposit interest. NMSA 1978 § 47-8-18(A)(1) See Deposit interest and accounts on the New Mexico page

When the residency ends you may apply the deposit to unpaid rent and to damages from the tenant's breach of the rental agreement or of the tenant's duties, but no deposit may be kept for normal wear and tear. If you keep any part, give the tenant an itemized written list of deductions and the balance, if any, within 30 days after the rental agreement ends or the tenant leaves, whichever is later. Mailing the list and any payment to the tenant's last known address is enough.

NMSA 1978 § 47-8-18(C)

• Miss the 30 days and you lose the right to keep any part of the deposit and to counterclaim in a suit over it, owe the tenant's court costs and reasonable attorneys' fees, and lose the right to sue the tenant separately for damage to the home. NMSA 1978 § 47-8-18(D)
• Keeping a deposit in bad faith adds a $250 civil penalty payable to the tenant. NMSA 1978 § 47-8-18(E)
• Normal wear and tear is deterioration from ordinary intended use, without negligence, carelessness, accident, abuse or intentional damage. Uncleanliness is not normal wear and tear. NMSA 1978 § 47-8-3(K)
• You may keep amounts for unpaid rent or utilities, repair work or other legitimate damages. NMSA 1978 § 47-8-18(C)
• If mail comes back undeliverable, or the last known address is the home the tenant left, serve at least one more notice at any other address the tenant gave you. NMSA 1978 § 47-8-13(F)

Under an annual rental agreement, if you demand or receive a deposit of more than one month's rent, you pay the tenant interest on the deposit every year. The rate is the passbook interest the federal home loan bank board permitted savings and loan associations in New Mexico; the statute states no figure. The Act does not require a separate or trust account for deposits.

NMSA 1978 § 47-8-18(A)(1) NMSA 1978 §§ 47-8-1 to 47-8-52

• A rental agreement of less than one year may not carry a deposit over one month's rent at all. NMSA 1978 § 47-8-18(A)(2) See Security deposit limit on the New Mexico page

The Owner-Resident Relations Act does not require a move-in checklist or inspection report. At move-out the tenant must leave the home as clean as it was at move-in, apart from ordinary wear and tear, and no part of the deposit may be kept for normal wear and tear.

NMSA 1978 §§ 47-8-1 to 47-8-52 NMSA 1978 § 47-8-22(B) NMSA 1978 § 47-8-18(C)

• The tenant must keep the part of the premises they use as clean and safe as its condition permits. NMSA 1978 § 47-8-22(B)
• At move-in you must deliver possession in line with the rental agreement and your repair duties. If you do not, rent abates in full until you do, and the tenant may end the agreement by written notice. NMSA 1978 § 47-8-26(A), (B)

Rent is due without demand at the time and place the rental agreement sets. You may charge a late fee only if the rental agreement provides for one, and it may not exceed 5 percent of the rent for each rental period the tenant is in default. The fee is figured on rent alone, not deposits, other fees or utilities, and to assess it you must give notice of the fee no later than the last day of the next rental period.

NMSA 1978 § 47-8-15(D)

• The Act sets no grace period before a late fee may be charged. NMSA 1978 §§ 47-8-1 to 47-8-52
• Unless agreed otherwise, rent is payable at the home, at the start of any term of one month or less, and otherwise in equal monthly installments at the start of each month. NMSA 1978 § 47-8-15(B)
• You may not charge a fee for a reasonable number of guests staying a reasonable time, though you may charge guests for using facilities other than the home. NMSA 1978 § 47-8-15(E)
• To raise a fee set by the rental agreement, give written notice at least 60 days before the periodic rental date, or 60 days before a fixed term ends. NMSA 1978 § 47-8-19.4

The Owner-Resident Relations Act sets no fee for a returned check or payment. Other New Mexico law on dishonored checks was not read for this page.

NMSA 1978 §§ 47-8-1 to 47-8-52

• A late fee may be calculated only on rent, not on additional fees. NMSA 1978 § 47-8-15(D)

To raise rent in a month-to-month residency, give the tenant written notice at least 30 days before the periodic rental date in the rental agreement. In a fixed-term residency, give it at least 30 days before the term ends. For a periodic residency shorter than a month, give written notice at least one rental period before the first increased payment. New Mexico bars local rent control.

NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8A-1

• Raising a fee set by the rental agreement needs 60 days' written notice before the periodic rental date or the end of a fixed term, or one rental period for a residency shorter than a month. NMSA 1978 § 47-8-19.4
• A rent increase may not be retaliation. A uniform increase at the end of the term or under the agreement, matching similar units and not aimed at one tenant, is allowed. NMSA 1978 § 47-8-39(A), (C) See Retaliation on the New Mexico page
• No city or county may enact rent control on privately owned property, except housing funded for reduced rents. NMSA 1978 § 47-8A-1 See Rent control and local rules on the New Mexico page
• When preparing a change notice, compare the current and proposed base rent separately from each required fee. Show the unit, tenant names, amount of each change and the date each change is intended to begin. Use the applicable rent or fee notice period above rather than assuming every adjustment uses thirty days. Keep the notice and delivery record with the agreement, then record any negotiated revision before changing recurring charges. If the tenant plans to leave, confirm the separate termination notice and move-out arrangements instead of treating a rejected proposal as completed termination. NMSA 1978 § 47-8-15(F) NMSA 1978 § 47-8-19.4 See Ending a month-to-month tenancy on the New Mexico page

Unless you and the tenant agree otherwise, give 24 hours' written notice before entering to inspect, repair, supply services or show the home, stating the purpose, the date and a reasonable estimate of the time frame. You may enter without consent in an emergency, and you must not abuse the right of access.

NMSA 1978 § 47-8-24

• No notice is needed to make repairs or supply services within seven days of the tenant's request, or when you are with a public official conducting an inspection or a cable, electric, gas or telephone company representative. NMSA 1978 § 47-8-24(A)(2)
• If the tenant gives reasonable notice of other times, try to accommodate them when practical and without economic harm to you. NMSA 1978 § 47-8-24(A)(3)
• During any absence of the tenant longer than seven days you may enter at times reasonably necessary. NMSA 1978 § 47-8-34(B)
• If the tenant refuses lawful access, you may seek a court order or end the rental agreement and recover damages. An unlawful or unreasonable entry, or repeated demands that interfere with the tenant's quiet enjoyment, lets the tenant do the same. NMSA 1978 § 47-8-24(E), (F) NMSA 1978 § 47-8-38

You must substantially comply with minimum housing codes that materially affect health and safety, make repairs to keep the premises safe, keep common areas safe, and keep supplied electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances in good and safe working order. You must also provide trash receptacles and removal, running water, a reasonable amount of hot water at all times, and reasonable heat.

NMSA 1978 § 47-8-20

• Where a minimum housing code applies, compliance with it sets the limit of this duty. NMSA 1978 § 47-8-20(B)
• In a single family residence, a written good-faith agreement for consideration may shift trash, water and heat duties and specified repairs to the tenant. In other housing, only a separate signed writing for consideration may shift specified repairs, and it may not reduce your duties to other tenants. NMSA 1978 § 47-8-20(C), (D)
• Give each tenant a written rental agreement before occupancy begins. NMSA 1978 § 47-8-20(G)
• In multi-unit housing with separate or submetered utility meters, give a tenant who asks a copy of the utility bill for the unit and the calculations used to split common-area utilities; you may charge up to $5 per monthly request. NMSA 1978 § 47-8-20(F)
• The tenant must keep the home clean and safe, dispose of trash, use facilities reasonably, and not damage the premises. NMSA 1978 § 47-8-22

If you do not meet your repair duties, the tenant gives you written notice. For a material breach of the rental agreement, or a breach of the Act that materially affects health and safety, the tenant may end the rental agreement on a date at least seven days after you receive the notice unless you reasonably try to fix it within seven days. Or the tenant may abate rent: one third of the daily rent from the notice until the repair if you do not fix the condition within seven days, or all of it for each day the home is uninhabitable and the tenant does not live there. The Act gives no right to repair and deduct.

NMSA 1978 § 47-8-27.1 NMSA 1978 § 47-8-27.2

• The tenant uses only one of these remedies for the same violation in the same rental period, and cannot abate rent for a missing amenity. NMSA 1978 § 47-8-27.1(D) NMSA 1978 § 47-8-27.2(B), (E)
• The rights do not arise if the tenant, a family member or a guest caused the condition. If the problem is beyond your control, the tenant gets only termination or abatement, not damages or an injunction. NMSA 1978 § 47-8-27.1(B)
• If the last day to remedy falls on a weekend or federal holiday, it moves to the next day that is not. NMSA 1978 § 47-8-27.1(E)
• The tenant may also sue for damages or an injunction for a material breach, and may counterclaim in a suit for rent or possession while paying the agreed rent. NMSA 1978 § 47-8-27.1(C) NMSA 1978 § 47-8-30
• After fire or other casualty that substantially impairs the home, the tenant may move out and give written notice within seven days to end the agreement, or stay in the usable part at reduced rent. NMSA 1978 § 47-8-31

The Owner-Resident Relations Act has no section on locks, rekeying or security devices. Your general duty is to keep the premises safe and follow applicable housing codes; local codes were not read for this page.

NMSA 1978 §§ 47-8-1 to 47-8-52 NMSA 1978 § 47-8-20(A)(1), (2)

• Changing or adding locks to keep a tenant out is an unlawful lockout. NMSA 1978 § 47-8-36(A)(2) See Lockouts and utility shutoffs on the New Mexico page

The Owner-Resident Relations Act has no section on smoke or carbon monoxide alarms. You must substantially comply with minimum housing codes that affect health and safety; the state and local fire and building codes that set alarm rules were not read for this page.

NMSA 1978 §§ 47-8-1 to 47-8-52 NMSA 1978 § 47-8-20(A)(1)

You may not raise rent, cut services, or bring or threaten an eviction because a tenant who is complying with the rental agreement has, within the previous six months, complained to a housing code agency, joined or organized a tenants' group, exercised rights under the Act in good faith (including a written repair request), made a fair housing complaint, won or has pending a lawsuit against you about the residency, testified for another tenant, or lawfully abated rent.

NMSA 1978 § 47-8-39

• A tenant facing retaliation may use it as a defense to eviction and recover two times the monthly rent, plus attorneys' fees and costs if they prevail. NMSA 1978 § 47-8-39(B) NMSA 1978 § 47-8-48(A), (C)
• A uniform increase or service change at the end of the term, or under the agreement, that matches similar units and is not aimed at the tenant is allowed. NMSA 1978 § 47-8-39(C)
• You may still sue for possession for unpaid rent, a material breach, a substantial violation, tenant-caused code violations, or code work that requires the tenant to leave. NMSA 1978 § 47-8-40

Except after abandonment or surrender, you may not lock out or remove a tenant without a court order, whether by fraud, changing or adding locks, blocking an entrance, interrupting utilities or services, removing the tenant's belongings, disabling appliances or fixtures, or making the home inaccessible or uninhabitable.

NMSA 1978 § 47-8-36

• A tenant who is locked out or loses a service may abate all rent for each day affected, recover two times the monthly rent and damages, and seek to regain possession or end the agreement. NMSA 1978 § 47-8-36(C) NMSA 1978 § 47-8-48(C)
• Temporary interference while making legitimate repairs or inspections is allowed, and you need not pay a utility bill the tenant owes. NMSA 1978 § 47-8-36(A)(4), (B)
• There is no landlord's lien on a tenant's belongings; you may still collect a judgment for rent or damages. NMSA 1978 § 47-8-36.1

Either you or the tenant may end a month-to-month residency with written notice given at least 30 days before the periodic rental date named in the notice. A week-to-week residency ends with written notice at least seven days before the termination date. Without a definite term, a residency is week-to-week when rent is paid weekly and month-to-month otherwise.

NMSA 1978 § 47-8-37(A), (B) NMSA 1978 § 47-8-15(C)

• If the tenant stays after the agreement ends without your consent, you may sue for possession, and for damages and reasonable attorney's fees if the holdover is willful and not in good faith. If you consent to the tenant staying, the residency becomes periodic. NMSA 1978 § 47-8-37(C) NMSA 1978 § 47-8-15(C)

The Owner-Resident Relations Act lets a tenant end a rental agreement early in a few cases: your serious repair breach after a seven-day notice, your failure to deliver possession at the start, unlawful or harassing entry, a lockout or cut service, and fire or casualty that substantially impairs the home. It has no section letting a tenant end a lease for domestic violence or military service; federal military law was not read for this page.

NMSA 1978 § 47-8-27.1(A)(1) NMSA 1978 § 47-8-26(B) NMSA 1978 § 47-8-24(F) NMSA 1978 § 47-8-36(C) NMSA 1978 § 47-8-31

• If a tenant abandons the home, you may take possession and try to rent it at a fair rent. A new tenancy that starts before the old agreement expires ends the old one. The party harmed must still mitigate its damages. NMSA 1978 § 47-8-34(C) NMSA 1978 § 47-8-6(A)
• When the agreement ends for the tenant's breach, you may claim rent and, separately, damages. NMSA 1978 § 47-8-35
• If you do not deliver possession, rent abates in full and the tenant may end the agreement by written notice; returning all prepaid rent, deposits and fees within seven days, after reasonable efforts to get possession, avoids damages. NMSA 1978 § 47-8-26(B), (C)

If rent is unpaid when due, give the tenant written notice of the nonpayment and of your intent to end the rental agreement. If the tenant does not pay within three days, you may end the agreement and the tenant must give up possession. If the tenant tenders the full amount due, in the way the notice states, before the three days run out, you may not sue for nonpayment.

NMSA 1978 § 47-8-33(D)

• A nonpayment notice is effective only when handed to the tenant, mailed, or posted on an exterior door of the home. A posted notice is taped on all sides or placed in a receptacle for notices or mail. NMSA 1978 § 47-8-13(D)
• Every notice must include the date of posting, and that date is the notice's effective date. NMSA 1978 § 47-8-13(D)

For a first material breach of the rental agreement, or a breach of the tenant's duties that materially affects health and safety, give written notice with the dates and specific facts of the breach, stating that the agreement will end on a date at least seven days after the tenant receives it unless the breach is fixed within seven days. That first notice must also say that a second material breach within six months ends the agreement, and it must be given within 30 days of the breach or of learning of it.

NMSA 1978 § 47-8-33(A) to (C)

• For a second material breach within six months, the notice ends the agreement on a date at least seven days after receipt, with no chance to fix it. A breach more than six months after the first counts as a new first breach. NMSA 1978 § 47-8-33(B)
• If the tenant knowingly commits or allows a substantial violation, such as certain drug crimes, unlawful use of a deadly weapon or serious physical harm to another, the notice may end the agreement on a date at least three days after receipt. NMSA 1978 § 47-8-33(I) NMSA 1978 § 47-8-3(V)
• If the last day to fix the breach falls on a weekend or federal holiday, it moves to the next day that is not. NMSA 1978 § 47-8-33(H)
• A court may grant relief only on the grounds stated in the written notice. NMSA 1978 § 47-8-33(G)
• Written notices other than for nonpayment that are posted must also be mailed first class or handed to the tenant. NMSA 1978 § 47-8-13(D)
• Being a victim of domestic violence is a defense to eviction for a substantial violation, and no writ issues if the tenant sought or holds a temporary restraining order over that incident or an earlier one. NMSA 1978 § 47-8-33(J)

After the right notice, file a petition for restitution in the district or magistrate court with the facts, a description of the home and proof of the notice. Trial on your petition is set seven to ten days after the summons is served. If you win, the court issues a writ directing the sheriff to restore possession on a date three to seven days after judgment.

NMSA 1978 § 47-8-42 NMSA 1978 § 47-8-43 NMSA 1978 § 47-8-46

• The court may continue the hearing up to seven days for good cause, and tries the case even if a properly served tenant does not appear. NMSA 1978 § 47-8-43(B) NMSA 1978 § 47-8-44
• A tenant who appeals stays the writ only by paying the rent for the rest of the period within five days of filing the appeal and then paying monthly. NMSA 1978 § 47-8-47(A)
• When the tenant disputes rent because of lawful abatement or rent you applied to damages, a writ you win is conditioned on the tenant's right to pay the judgment within three days of its entry. NMSA 1978 § 47-8-33(E)
• The prevailing party in a suit to enforce the agreement or the Act recovers reasonable attorneys' fees and court costs. NMSA 1978 § 47-8-48(A)
• A frivolous or bad-faith eviction for a substantial violation carries a penalty of two times the monthly rent plus damages and costs. NMSA 1978 § 47-8-33(M)

The home is abandoned when the tenant is gone more than seven straight days without notice after rent is delinquent; you may then take possession. After abandonment, store the tenant's property for at least 30 days and serve written notice, by hand or first class mail, of the disposal date at least 30 days out, with a phone number and address for getting it back.

NMSA 1978 § 47-8-3(A) NMSA 1978 § 47-8-34(C) NMSA 1978 § 47-8-34.1

• After a voluntary surrender, store property at least 14 days. After a writ of restitution, you need not store it more than three days after the writ is carried out. NMSA 1978 § 47-8-34.1(B), (C)
• Property worth less than $100 may be disposed of in any manner. For more valuable property you may sell it or keep it at fair market value, and send any excess over what is owed, with an itemized statement, within 15 days. NMSA 1978 § 47-8-34.1(D), (E)
• You may charge reasonable storage fees and moving costs and require payment before release, but may not hold the property for other debts. NMSA 1978 § 47-8-34.1(G), (H)
• You may ask each tenant to name a contact person to receive property and the deposit refund if the tenant dies. NMSA 1978 § 47-8-34.2

Magistrate courts hear civil cases for up to $10,000, not counting interest and costs, including contract claims such as unpaid rent. Actions for possession under the Act are filed in the district or magistrate court.

NMSA 1978 § 35-3-3(A) NMSA 1978 § 47-8-10(A) NMSA 1978 § 47-8-42

• Magistrates cannot hear cases over title or boundaries of land or grant injunctions. NMSA 1978 § 35-3-3(C)

No city, county or other political subdivision may adopt an ordinance that controls rents on privately owned property. The ban does not reach housing that receives government benefits or funding under contract to provide reduced rents for low- or moderate-income tenants.

NMSA 1978 § 47-8A-1

• The Owner-Resident Relations Act covers every rental of a home in New Mexico, wherever the agreement is made, but exempts some arrangements such as transient hotel stays, employee housing tied to the job, institutions, sale contracts and fraternal housing. NMSA 1978 § 47-8-8 NMSA 1978 § 47-8-9
• Local housing codes still matter: your repair duty starts with minimum housing codes affecting health and safety. NMSA 1978 § 47-8-20(A)(1)