New Mexico Lease Agreements (6) | Residential & Commercial

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Updated August 16, 2022

A New Mexico rental agreement is a legal contract negotiated between a landlord and tenant for the renting of residential and commercial property. The terms, such as the rent amount, timeframe of the lease, and each party’s responsibilities, should be discussed prior to writing an agreement. At the time of lease signing, the tenant should bring with them a check for the security deposit, along with any pro-rated rent, and 1st month’s rent. Access to the premises should be provided by the landlord after authorization.

Rental Application – A landlord is advised to use this form in order to verify that the tenant is able to afford the monthly payment.

Table of Contents

Agreement Types (6)


Commercial Lease Agreement – For the use of an office, industrial, or retail use.

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Month-to-Month Lease Agreement (§ 47-8-37) – Referred to as a ‘Tenancy at Will’ that does not have an ending period and goes on until one of the parties gives at least thirty (30) days’ notice.

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Rent-to-Own Lease Agreement – Standard rental form that allows the tenant to buy the property for an agreed-upon price.

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Room Rental (Roommate) Agreement – Between the members of a single residential dwelling in order to establish rules between each other.

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Standard Residential Lease Agreement – The most common type and is a fixed term usually lasting one (1) year.

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Sublease Agreement – A tenant who decides to rent their space for the remaining term of their residential contract.

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Required Disclosures (2)

Identity (§ 47-8-19) – A Landlord must inform a tenant of all individuals allowed to access the property and an address for any official notices.

Lead-Based Paint Disclosure – Only required if the residence was built before 1978 per federal law.


The landlord, under § 47-8-24, has the right to enter the property for any maintenance or inspection reason within twenty-four (24) hours of giving notice to the tenant.

Security Deposits

Maximum (§ 47-8-18) – The landlord may charge up to one (1) month’s rent for tenancies lasting a year or less. If more than a year the landlord can request as much as desired but if it is more than one (1) month’s rent interest must be paid according to Section 47-8-18.

Returning (§ 47-8-18) – The landlord must pay back the tenant within thirty (30) days of the termination date.