Pet Addendum in New Mexico

Adds pet terms to a lease. Assistance animals for people with disabilities are not pets: no pet fee or pet rent may be charged for them under federal fair housing rules.

What New Mexico law says

Pet deposits and fees	No statute specifically addresses pet deposits, pet fees or pet rent. Any deposit to cover damage caused by the resident is limited to one month's rent for a rental agreement shorter than one year; under an annual agreement a larger deposit is allowed, but the landlord must pay the resident annual interest on a deposit greater than one month's rent. A landlord must disclose all fees and charges in a published listing (§ 47-8-19.1). Source: NMSA 1978, § 47-8-18(A); §§ 47-8-1 to 47-8-52
Service & support animals (state law)	The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. Assistance animals in rental housing (including emotional support animals) are handled as reasonable-accommodation requests under the federal Fair Housing Act and the New Mexico Human Rights Act's housing provisions. Source: NMSA 1978, §§ 28-11-1.1 to 28-11-6

Pet deposits and fees

No statute specifically addresses pet deposits, pet fees or pet rent. Any deposit to cover damage caused by the resident is limited to one month's rent for a rental agreement shorter than one year; under an annual agreement a larger deposit is allowed, but the landlord must pay the resident annual interest on a deposit greater than one month's rent.

A landlord must disclose all fees and charges in a published listing (§ 47-8-19.1).

Source: NMSA 1978, § 47-8-18(A); §§ 47-8-1 to 47-8-52

Service & support animals (state law)

The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing.

Assistance animals in rental housing (including emotional support animals) are handled as reasonable-accommodation requests under the federal Fair Housing Act and the New Mexico Human Rights Act's housing provisions.

Source: NMSA 1978, §§ 28-11-1.1 to 28-11-6

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PET ADDENDUM to the lease for [rental address] dated [lease date]

Tenant: [tenant name] Pet(s): [type, breed, name, weight]

Pet deposit: $[pet deposit] (counts toward any state deposit limit where the law says so). Monthly pet rent: $[pet rent]

The tenant keeps the pet under control, cleans up after it, and pays for damage it causes beyond normal wear and tear.

Signatures and dates: [signatures]

Pet Addendum for other states · New Mexico tenant rights

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.