Room Rental Agreement in New Mexico

For renting a room in a home, including your own home. Some states treat a renter in the owner's home (a lodger) differently when ending the arrangement — see your state's household rules.

What New Mexico law says

Renting a room in your own home (lodgers)	No separate lodger statute. The Act's exemptions (institutions, contract-of-sale buyers, fraternal or social organizations, transient hotel or motel stays, employer housing under a written agreement, and agricultural premises) do not include renting a room in an owner's home. The Act defines a 'roomer' as a person in a unit lacking a major bathroom or kitchen facility that shares those facilities with other occupants. Source: NMSA 1978, §§ 47-8-3(S), 47-8-9
Tenancy at will	The Act does not use the term 'tenancy at will'. Unless the rental agreement fixes a definite term, the residency is week-to-week for a person paying weekly rent and month-to-month in all other cases. Either side ends a week-to-week residency with at least 7 days' written notice and a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice. For mobile home parks, any tenancy or other estate at will may be ended for nonpayment with not less than 3 days' written notice to pay or remove the home (§ 47-10-6). Source: NMSA 1978, §§ 47-8-15(C), 47-8-37(A)-(B)

Renting a room in your own home (lodgers)

No separate lodger statute. The Act's exemptions (institutions, contract-of-sale buyers, fraternal or social organizations, transient hotel or motel stays, employer housing under a written agreement, and agricultural premises) do not include renting a room in an owner's home. The Act defines a 'roomer' as a person in a unit lacking a major bathroom or kitchen facility that shares those facilities with other occupants.

Source: NMSA 1978, §§ 47-8-3(S), 47-8-9

Tenancy at will

The Act does not use the term 'tenancy at will'. Unless the rental agreement fixes a definite term, the residency is week-to-week for a person paying weekly rent and month-to-month in all other cases. Either side ends a week-to-week residency with at least 7 days' written notice and a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice.

For mobile home parks, any tenancy or other estate at will may be ended for nonpayment with not less than 3 days' written notice to pay or remove the home (§ 47-10-6).

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

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ROOM RENTAL AGREEMENT

Owner/landlord: [owner name] Renter: [renter name]

Room: [room description] in the home at [home address]. Shared areas the renter may use: [shared areas].

Term: begins [start date]; [ends on end date / continues month to month].

Rent: $[monthly rent] due on [due day] by [payment method]. Deposit: $[deposit amount].

Utilities included: [utilities included]. House rules: [house rules, e.g. guests, kitchen use, smoking].

Ending the agreement: either side gives at least [notice period] written notice, and never less than state law requires.

Signatures and dates: [signatures]

Room Rental Agreement 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.