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New Mexico room rental agreement
Written for New Mexico law, checked September 24, 2026 General information, not legal advice
Rentari offers a general room-rental agreement form, but it is not tailored to New Mexico or every local rule. Review the room, shared spaces, occupancy requirements, and applicable New Mexico and city rules before using a form. The state table below covers selected deposit and entry rules, not every room-rental requirement.
New Mexico rules that apply
- Security deposit limit
- 1 month's rent
- on a rental agreement of less than one year; an annual agreement may take more, with yearly interest
- NMSA 1978 § 47-8-18(A)
- Entry notice
- 24 hours
- written, with purpose, date and time frame, unless agreed otherwise
- NMSA 1978 § 47-8-24(A)(1)
Security deposit limit
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.
More detail (4)
- 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
The Rentari New Mexico lease states that on a rental agreement of less than one year all deposits together, a pet deposit included, may not exceed one month's rent, and that on an annual agreement deposits together over one month's rent earn yearly interest. Lease preparation stops a lease under a year whose deposits together exceed one month's rent.
Landlord entry
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.
More detail (4)
- 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
The lease requires 24 hours' written notice, or more if the landlord sets it, with the purpose, date and time frame, lists the statutory exceptions, and allows entry during an absence of more than seven days.