Roommate Agreement in New Mexico

An agreement between roommates on rent shares, bills, chores and moving out. It is a contract between you — it does not change your lease with the landlord.

What New Mexico law says

Roommate not on the lease	New Mexico's Uniform Owner-Resident Relations Act calls tenants 'residents'. A resident is a person entitled under a rental agreement to occupy a dwelling unit in peaceful possession to the exclusion of others; a rental agreement is any agreement between an owner and a resident, and an 'owner' includes lessors. An occupant who has no agreement with the owner (or with a tenant acting as lessor) is not a resident under the Act. Residents are responsible for conduct and damage by other persons on the premises with their consent (see § 47-8-3(K), (V)). Source: NMSA 1978, § 47-8-3(M), (Q), (R)
Removing a roommate or subtenant	No roommate-specific statute. Because 'owner' includes lessors, a tenant who sublets can end a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). If the occupant stays without consent after the termination, the owner may bring a court action for possession. Source: NMSA 1978, §§ 47-8-3(M), 47-8-37(A)-(C)

Roommate not on the lease

New Mexico's Uniform Owner-Resident Relations Act calls tenants 'residents'. A resident is a person entitled under a rental agreement to occupy a dwelling unit in peaceful possession to the exclusion of others; a rental agreement is any agreement between an owner and a resident, and an 'owner' includes lessors. An occupant who has no agreement with the owner (or with a tenant acting as lessor) is not a resident under the Act.

Residents are responsible for conduct and damage by other persons on the premises with their consent (see § 47-8-3(K), (V)).

Source: NMSA 1978, § 47-8-3(M), (Q), (R)

Removing a roommate or subtenant

No roommate-specific statute. Because 'owner' includes lessors, a tenant who sublets can end a month-to-month residency with written notice at least 30 days before the periodic rental date named in the notice (7 days for week-to-week). If the occupant stays without consent after the termination, the owner may bring a court action for possession.

Source: NMSA 1978, §§ 47-8-3(M), 47-8-37(A)-(C)

Fill it in

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ROOMMATE AGREEMENT for [rental address]

Roommates: [roommate names]

Rent: total $[total rent] per month. Shares: [each roommate's share]. Each share is paid to [who pays the landlord] by [due date].

Security deposit paid by each roommate: [deposit shares]. When someone moves out, their share is returned [how and when].

Utilities and internet: [how bills are split and who holds each account].

Rooms and shared spaces: [who has which room; shared areas].

Cleaning and chores: [chore plan]. Quiet hours: [quiet hours]. Guests: [overnight guest limits].

Moving out: a roommate who leaves gives [notice period] written notice to the others and [finds a replacement approved by the landlord / pays their share until the lease ends].

Disputes: we will first try to talk it out, then [mediation or small claims court].

Signatures and dates: [signatures]

Roommate 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.