New Mexico Residential Lease Agreement
A free New Mexico lease template, plus what New Mexico law requires a lease to include, attach or leave out — each with the statute. Use it as a starting point; landlords with unusual situations should have a lawyer review the final lease.
Disclosures New Mexico requires
| All-in costs in rental listings | An owner must disclose to applicants, in plain language in any published listing of the unit, all costs of the rental agreement: the base rent and an itemized, readily identifiable description of every fee or charge that will be assessed during the residency. The owner is not liable for a third-party website's failure to show the costs the owner provided. Applies to: All residential rentals advertised in a published listing |
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| Screening fee notice and receipt | An owner may charge an applicant a screening fee of no more than $50 only if it gives written or digital notice of the fee and the applicant agrees in writing to pay it; the owner must give a written or digital receipt, may not charge a fee when it knows or should know the unit is unavailable, must hold card charges or not deposit cash or checks until earlier applicants have been screened and rejected or have declined, and may not charge any other application-processing fee. The fee must be returned within 30 days if an earlier applicant takes the unit or the owner does not actually screen or process the application. The owner must give the applicant a copy of any report used in screening and may not charge the same applicant a second screening fee within 90 days for properties under the same ownership. Applies to: All residential rental applications |
Terms New Mexico law requires or controls
| Late fee must be in the lease | A late fee may be charged only if the rental agreement provides for it. It may not exceed 5% of the rent for each rental period in default, is calculated on rent only (not deposits, other fees or utilities), and the owner must give notice of the late fee no later than the last day of the next rental period after the default. Applies to: All residential leases |
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| Default rent terms | Rent is paid as the rental agreement provides; without an agreement, the resident pays fair rental value. Unless otherwise agreed, rent is payable at the dwelling unit without demand, at the start of any term of one month or less and otherwise in equal monthly installments; a residency with no fixed term is week to week for weekly rent and otherwise month to month. Applies to: All residential leases Source: NMSA 1978, § 47-8-15(A)-(C) |
| Allocation of rent payments | Unless the owner and resident agree in writing, a rent payment may not be applied to deposits or damages. Applies to: All residential leases Source: NMSA 1978, § 47-8-15(G) |
| Rent and fee increase notice | Rent in a month-to-month residency may be raised with written notice at least 30 days before the periodic rental date (for a fixed term, at least 30 days before the term ends; for periodic residencies shorter than a month, one rental period ahead). A fee provided under the rental agreement may be raised only with written notice at least 60 days before the periodic rental date or before the end of a fixed term. Applies to: All residential leases |
| Prevailing-party attorney's fees | In a suit by an applicant or a party to enforce the rental agreement or the Act, the prevailing party is entitled to reasonable attorney's fees and court costs. Applies to: All residential leases Source: NMSA 1978, § 47-8-48(A) |
Clauses that are void in New Mexico
| Guest fees | An owner may not charge a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of facilities outside the unit are still allowed). Applies to: All residential leases Source: NMSA 1978, § 47-8-15(E) |
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| Late fee above 5% | A late fee may not exceed 5% of the rent for each rental period in default and may not be calculated on deposits, other fees or utilities. Applies to: All residential leases Source: NMSA 1978, § 47-8-15(D) |
Format and delivery rules
| Plain-language cost disclosure | Rent and fee information in published listings must be in plain language, with each fee itemized and readily identifiable. Applies to: Published rental listings Source: Laws 2025, ch. 122 (SB 267), § 2 |
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Fill in the lease
Nothing you type leaves your browser. Bracketed items are yours to complete; clauses marked as required by New Mexico law must be written to meet the rule shown above.
1. Parties. This lease is between [landlord name] ("Landlord") and [tenant name(s)] ("Tenant"). Landlord's address for notices: [landlord notice address].
2. Property. Landlord rents to Tenant the home at [rental address], including [parking, storage, appliances included].
3. Term. The lease begins on [start date] and ends on [end date]. [If month-to-month instead: the tenancy continues month to month until either side gives the written notice New Mexico law requires.]
4. Rent. Rent is $[monthly rent] per month, due on the [due day] day of each month, paid by [payment method] to [where to pay].
5. Late fee. If rent is not received by [late day], a late fee of $[late fee] is due. This fee must comply with New Mexico law (NMSA 1978, § 47-8-15(D)).
6. Security deposit. Tenant pays a security deposit of $[deposit amount] (New Mexico law sets no maximum; NMSA 1978, § 47-8-18(A)). Landlord will return it, minus lawful deductions with any required itemized list, within the time New Mexico law sets (NMSA 1978, § 47-8-18(C)).
7. Utilities. Tenant pays: [utilities tenant pays]. Landlord pays: [utilities landlord pays].
8. Occupants and guests. Only these people may live in the home: [names of all occupants]. Guests may stay up to [guest limit] unless Landlord agrees in writing.
9. Pets. [No pets allowed / Pets allowed: describe, plus any pet deposit or fee]. Assistance animals for people with disabilities are not pets and are handled under fair housing law.
10. Repairs and maintenance. Landlord keeps the home safe and fit to live in and makes repairs required by law. Tenant keeps the home clean, reports problems promptly in writing, and pays for damage beyond normal wear and tear.
11. Landlord entry. Landlord may enter for repairs, inspections or showings after giving the notice New Mexico law requires (NMSA 1978, § 47-8-24), except in an emergency.
12. Subletting. Tenant may not sublet or assign this lease without Landlord's written consent, which [will / will not] be unreasonably withheld.
13. Ending the lease. At the end of the term, [the lease ends / the lease renews month to month] unless either side gives written notice at least [notice days] days before the end date, and never less than New Mexico law requires.
14. Late fee must be in the lease. (Write this clause to meet New Mexico law: see "Late fee must be in the lease" above (NMSA 1978, § 47-8-15(D) (as amended by Laws 2025, ch. 122, § 6)).)
15. Default rent terms. (Write this clause to meet New Mexico law: see "Default rent terms" above (NMSA 1978, § 47-8-15(A)-(C)).)
16. Allocation of rent payments. (Write this clause to meet New Mexico law: see "Allocation of rent payments" above (NMSA 1978, § 47-8-15(G)).)
17. Rent and fee increase notice. (Write this clause to meet New Mexico law: see "Rent and fee increase notice" above (NMSA 1978, § 47-8-15(F); Laws 2025, ch. 122 (SB 267), § 5).)
18. Prevailing-party attorney's fees. (Write this clause to meet New Mexico law: see "Prevailing-party attorney's fees" above (NMSA 1978, § 47-8-48(A)).)
19. Disclosures attached. Landlord has given Tenant these disclosures required by New Mexico law: All-in costs in rental listings; Screening fee notice and receipt. [Attach each one.]
20. Lead paint (homes built before 1978). If the home was built before 1978, Landlord has given Tenant the federal lead-based paint disclosure and the EPA pamphlet "Protect Your Family From Lead in Your Home."
21. Whole agreement. This lease and its attachments are the whole agreement. If any part is not allowed by law, the rest still applies. Changes must be in writing and signed by both sides.
Landlord: [landlord name] Signature: ____________ Date: [date signed]
Tenant: [tenant name(s)] Signature: ____________ Date: [date signed]
Lease agreement templates for other states · New Mexico landlord-tenant law · More templates
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.