1. Definitions
"Premises" means the dwelling unit and any furnishings, parking, storage, or appurtenances identified in Section 2. "Rent" means all amounts payable under this Agreement. "Lease Term" means the period in Section 3. "Owner" and "Landlord" are interchangeable. "Resident" and "Tenant" are interchangeable. Words importing the singular include the plural and vice versa.
2. Premises; Parking; Storage; Furnishings
Landlord leases to Tenant the residential premises located at [[Property Address]], Unit [[Unit Number]] (the "Premises"), in the City of [[City]], County of [[County]], State of New Mexico. Assigned parking: [[Parking Space(s) or Description]]. Storage: [[Storage Area Description]]. Furnishings, appliances, and inclusions: [[Furnishings, Appliances and Inclusions]]. Tenant has examined the Premises (including all systems, appliances, locks, smoke/CO detectors, and condition) and accepts it in its current condition as reflected on the attached Move-In/Move-Out Inventory & Condition Checklist (Exhibit A), except for any noted defects. The Premises shall be used solely as a private residence for Tenant and permitted occupants. No business or commercial activity is permitted without prior written consent of Landlord.
3. Term; Possession; Holdover
The Lease Term is [[Lease Term Length]], beginning on [[Lease Start Date]] (the move-in/possession date) and ending on [[Lease End Date]]. If Landlord is unable to deliver possession on the start date due to causes beyond Landlord's reasonable control, Rent shall abate until possession is delivered, and if delivery is delayed more than [[Possession Delay Cap in Days]] days, Tenant may terminate this Agreement and receive a full refund of all prepaid amounts. If Tenant remains in possession after the Term without Landlord's written consent, Tenant becomes a holdover tenant and shall pay holdover rent of [[Holdover Rent Amount or Daily Rate]] per day (or such other amount as permitted by law), and Landlord may pursue eviction and damages. With Landlord's consent but no new written agreement, the tenancy converts to month-to-month on the same terms.
4. Rent; Payment; Proration
Tenant shall pay monthly Rent of [[Monthly Rent Amount]], due in advance on the [[Rent Due Day of Month]] day of each month, without offset, deduction, demand, or delay. Payment shall be made to Landlord by [[Accepted Payment Methods]] at [[Payment Address, Account, or Portal Details]]. If the Term begins on a day other than the first of the month, the first month's Rent shall be prorated on a daily basis using a 30-day month. Landlord may require payment by cashier's check, money order, or electronic means; personal checks are accepted unless otherwise stated. Acceptance of partial payment or late payment does not waive any default or right, nor reinstate a tenancy after notice has been served.
5. Late Charges; Returned Payments; Grace Periods
Rent is considered late if not received by Landlord on or before the due date. New Mexico law does not impose a statutory grace period for residential rent; however, the parties agree that Rent received within [[Grace Period Days if Any]] days after due date shall not trigger a late fee for that period. If Rent is late, Tenant shall pay a late charge of [[Late Fee Amount or Formula]]. Any late fee must be a reasonable estimate of the actual costs incurred by Landlord. A fee of [[Returned Payment Fee]] applies to any returned, dishonored, or failed payment. Landlord shall provide written notice of any late fee assessment.
6. Security Deposit
Upon execution of this Agreement, Tenant shall pay a security deposit of [[Security Deposit Amount]]. Pursuant to NMSA 1977 § 47-8-18, for rental agreements of one year or less, the security deposit shall not exceed one month's rent. For agreements longer than one year, the deposit must be reasonable. Landlord may require an additional pet deposit or fee as permitted. The deposit secures Tenant's faithful performance. Landlord shall not commingle the deposit with personal funds and shall maintain it in a trust account in a federally insured bank in New Mexico. Within 30 days after termination of the tenancy and Tenant's vacating the Premises (or after Landlord regains possession), Landlord shall return the deposit (or remaining balance) together with an itemized written statement of any deductions, including copies of receipts for deductions exceeding $100 (or as otherwise required). Failure by Landlord to return the deposit or provide the statement within 30 days may entitle Tenant to recovery of the full deposit plus statutory damages of $250 under applicable law, plus costs and reasonable attorney fees. Tenant may not apply the deposit as last month's Rent without written agreement. Interest on deposits exceeding one month's rent for longer-term leases shall be paid as required by statute.
7. Utilities; Services; Trash
Tenant shall be responsible for payment of [[Utilities and Services Tenant Pays]] and shall have such services placed in Tenant's name as of the start date. Landlord shall be responsible for [[Utilities and Services Landlord Pays]]. Tenant shall not allow utility service to be disconnected. Landlord is not liable for interruptions beyond reasonable control. Tenant shall comply with trash, recycling, and composting rules; [[Trash/Recycling Responsibilities]].
8. Occupants; Guests; Subletting; Assignment
The Premises shall be occupied only by Tenant and the following permitted occupants: [[List of Permitted Occupants or "None Additional"]]. Any guest staying more than [[Maximum Guest Stay Without Consent in Days]] consecutive days (or [[Total Guest Days Per Month]] days in any month) without prior written consent shall be deemed an unauthorized occupant constituting a breach. Tenant shall not assign this Agreement or sublet the Premises or any portion without Landlord's prior written consent, which may be withheld in Landlord's sole discretion. Any attempted assignment or sublease without consent is void and grounds for termination.
9. Use; Conduct; Quiet Enjoyment; Nuisance
Tenant shall use the Premises only for lawful residential purposes and shall comply with all present and future laws, ordinances, rules, and HOA/condo regulations. Tenant shall not create a nuisance, disturb the quiet enjoyment of neighbors, or permit any illegal activity on the Premises. Tenant shall not make or permit excessive noise, especially between [[Quiet Hours Start]] and [[Quiet Hours End]]. Landlord and other residents are entitled to peaceful use and enjoyment.
10. Pets; Assistance Animals
No pets or animals of any kind are permitted without Landlord's prior written consent, except for service animals or assistance animals as required by the Fair Housing Act, Americans with Disabilities Act, or New Mexico law. If consent is granted: [[Pet Policy Details, Breed/Weight Limits, Fees, Rules]]. Tenant is fully responsible for any damage, odor, noise, waste, or injury caused by any animal. Violation may result in removal of animal and termination of tenancy. Landlord may require additional pet deposit or rent as permitted.
11. Smoking; Vaping; Drugs
Smoking, vaping, or use of tobacco, cannabis, or other substances is [[Smoking Policy: Prohibited / Allowed Only in Designated Areas]] inside the Premises, on balconies/patios, or within [[Distance]] feet of any building entrance. Violation may result in cleaning charges beyond ordinary wear and termination. The Premises are [[Drug Policy]].
12. Parking; Vehicles; Towing
Only operable, registered, insured vehicles may be parked in assigned spaces or common areas. Inoperable, unregistered, or unauthorized vehicles, or those blocking access/fire lanes, may be towed at the vehicle owner's expense after any notice required by law or HOA rules: [[Parking Rules, Towing Policy, Violations]]. No vehicle repair or maintenance on the property without consent. Guest parking: [[Guest Parking Rules]].
13. Maintenance - Landlord Responsibilities
Landlord shall maintain the Premises in a habitable condition in compliance with all applicable codes and the implied warranty of habitability under New Mexico law (NMSA § 47-8-20). Landlord shall keep in good repair the structural components, roof, exterior, plumbing, electrical, heating, cooling, and any appliances or systems provided by Landlord. Landlord shall respond to repair requests in a reasonable time. Landlord shall comply with all applicable health and safety codes.
14. Maintenance - Tenant Responsibilities
Tenant shall, at Tenant's sole expense: (a) keep the Premises clean, sanitary, safe, and free from hazards, pests (except where infestation predates tenancy and is not caused by Tenant), and debris; (b) properly use and operate all electrical, plumbing, HVAC, appliances, and fixtures; (c) replace HVAC filters, light bulbs, batteries in smoke/CO detectors, and similar consumables; (d) promptly notify Landlord in writing of any needed repairs, defects, or unsafe conditions; (e) not damage, destroy, deface, or impair the Premises; and (f) maintain any yard, landscaping, or exterior areas as agreed in writing: [[Yard/Landscaping/Pest Responsibilities]]. Tenant shall be responsible for the cost of repair or replacement for damage caused by Tenant's negligence, misuse, abuse, or that of occupants, guests, or pets, beyond ordinary wear and tear.
15. Repair Requests; Emergencies; Habitability
Routine repair requests shall be submitted in writing to [[Landlord or Property Manager Repair Contact Information]]. For life-threatening or property-damaging emergencies, Tenant shall immediately contact [[Emergency Contact and Procedure]] and, if after hours, take reasonable steps to mitigate damage while notifying Landlord as soon as practicable. If Landlord fails to make necessary repairs within a reasonable time after written notice (or as required by NMSA § 47-8-27.1 for certain habitability issues), Tenant may have remedies including repair-and-deduct (within limits), rent abatement, or termination as provided by law. Tenant shall not withhold Rent except as expressly permitted by statute or court order.
16. Alterations; Improvements; Locks; Satellite
Tenant shall not paint, wallpaper, install fixtures, antennas, satellite dishes, security systems, smart devices, or make any alterations, additions, or improvements without Landlord's prior written consent. Any approved improvements become the property of Landlord upon installation or termination unless otherwise agreed in writing. Tenant shall not change or add locks without providing Landlord a copy of the key or access code within 24 hours. Any unauthorized changes may be removed at Tenant's expense.
17. Landlord's Right of Entry
Landlord may enter the Premises to: inspect; make repairs, decorations, alterations, or improvements; supply agreed services; exhibit to prospective purchasers, lenders, tenants, contractors, or for appraisal; or pursuant to court order or legal process. Except in cases of emergency, abandonment, or with Tenant's consent, Landlord shall give Tenant at least 24 hours' written notice (specifying purpose, date, and reasonable time window) as required by NMSA § 47-8-24. Entry shall occur during reasonable hours. Tenant shall not unreasonably withhold consent or obstruct lawful entry. Landlord may enter without notice in an emergency threatening life, health, or property, or if Tenant is absent for more than seven days.
18. Renter's Insurance; Waiver of Subrogation; Personal Property
Tenant shall maintain renter's insurance (or tenant's contents and liability policy) with minimum personal liability coverage of [[Renter's Insurance Minimum Liability Amount]] throughout the Term and provide proof to Landlord upon request. Tenant's insurance shall be primary. Landlord's insurance does not cover Tenant's personal property, improvements, or liability. Each party waives subrogation rights against the other to the extent of insurance proceeds. Tenant acknowledges that Landlord is not responsible or liable for loss or damage to Tenant's property from any cause, including theft, fire, water, or negligence of third parties, except to the extent caused by Landlord's gross negligence or willful misconduct.
19. Liability; Indemnification
Except to the extent caused by Landlord's negligence or willful misconduct or violation of law, Tenant assumes all risk of injury or loss to Tenant, occupants, guests, and their property arising from use or occupancy of the Premises. Tenant shall indemnify, defend, and hold Landlord harmless from and against any claims, damages, losses, costs (including reasonable attorney fees) arising from Tenant's use, the acts or omissions of Tenant, occupants, guests, or pets, or any breach of this Agreement.
20. Assignment; Subletting (Reaffirmed)
See Section 8.
21. Rules and Regulations; HOA; Condominium
Tenant shall comply with all written Rules and Regulations attached as Exhibit B (or provided separately) and any future reasonable Rules adopted by Landlord on notice. Tenant shall also comply with all HOA, condominium, or community association declarations, bylaws, and rules. Landlord may enforce such rules and may terminate for material violations after notice and opportunity to cure as required by law.
22. Damage or Destruction (Casualty)
If the Premises is damaged or destroyed by fire or other casualty not caused by Tenant or Tenant's guests/occupants/pets, Rent shall abate proportionally for the unusable portion. If the damage renders the Premises uninhabitable, either party may terminate this Agreement upon written notice. If Landlord elects to repair, Landlord shall do so with reasonable diligence. If repairs cannot reasonably be completed within [[Casualty Repair Period in Days]] days, Tenant may terminate. Landlord's obligation is limited to the extent of available insurance proceeds.
23. Condemnation; Eminent Domain
If all or a material part of the Premises is taken by eminent domain or condemnation, this Agreement shall terminate as to the part taken effective on the date title vests or possession is required. Rent shall be adjusted accordingly. Any award for the real property belongs to Landlord. Tenant may pursue separate claims for moving expenses or personal property if permitted by law.
24. Default; Remedies; Termination for Cause
Tenant is in default if: (a) Rent is unpaid when due; (b) Tenant fails to perform any other obligation and fails to cure within the time required by this Agreement or law (typically 3 days for non-payment per NMSA § 47-8-33, 7 days for other violations after notice); (c) Tenant abandons the Premises; (d) Tenant provides false information; or (e) Tenant engages in substantial violation of law or lease (e.g., criminal activity). Upon default, Landlord may serve appropriate notice (3-day pay-or-quit, 7-day cure-or-quit, unconditional quit for certain violations, or 30-day for month-to-month) and pursue all remedies available under New Mexico law, including eviction (unlawful detainer), recovery of possession, unpaid Rent, damages, costs, and attorney fees. Landlord shall not use self-help (changing locks, shutting off utilities) except as expressly permitted by statute. After termination, Tenant remains liable for Rent for the balance of the Term, subject to Landlord's duty to mitigate by making reasonable efforts to re-rent.
25. Termination by Tenant; Early Termination
Tenant may terminate at end of fixed Term by giving proper notice as required. For month-to-month, either party may terminate with 30 days' written notice (or 7 days for week-to-week). Certain early termination rights exist under federal or state law (e.g., military service under SCRA, domestic violence protections, uninhabitability after notice to Landlord). Early termination by Tenant without legal right or agreement requires payment of remaining Rent or a lease-break fee of [[Early Termination Fee or Formula]] plus re-rental costs, at Landlord's election.
26. Abandonment; Surrender; Personal Property
Premises are deemed abandoned if Tenant is absent for [[Abandonment Period in Days]] or more days while Rent is unpaid or utilities disconnected, or if Tenant removes substantially all personal property. Upon abandonment or surrender, Tenant shall return all keys, access devices, and leave the Premises clean, undamaged (ordinary wear excepted), and free of personal property. Landlord may dispose of abandoned personal property only as permitted by New Mexico law (NMSA § 47-8-36.1 or applicable provisions) after required notice. Tenant waives all claims to abandoned property.
27. Bankruptcy; Insolvency
Tenant's bankruptcy or insolvency does not excuse performance or grant any right to retain possession contrary to this Agreement, except as protected by applicable bankruptcy law.
28. Notices
All notices under this Agreement shall be in writing and delivered by personal delivery, certified mail (return receipt), or as otherwise permitted by statute (including posting + mailing for certain eviction notices). Notices to Tenant may be delivered to the Premises or last known address. Notices to Landlord shall be sent to [[Landlord Notice Address and Contact]] (or such other address as Landlord designates in writing). Notice is effective upon actual receipt or, for statutory notices, upon proper posting/mailing as provided by NMSA § 47-8-13.
29. Governing Law; Venue; Severability
This Agreement shall be governed by and construed under the laws of the State of New Mexico, without regard to conflicts of law principles. Any legal action shall be brought in the appropriate court in the county where the Premises is located (or as otherwise required). If any provision is held invalid or unenforceable, the remainder shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid.
30. Entire Agreement; Amendments; Waivers
This Agreement, including all exhibits and addenda, constitutes the entire agreement and supersedes all prior negotiations, representations, and agreements. It may be amended only by a written instrument signed by both parties. No waiver of any breach shall be deemed a waiver of any other or subsequent breach. No course of dealing shall modify this Agreement.
31. Joint and Several Liability; Binding Effect
Each person signing as Tenant is jointly and severally liable for all obligations. This Agreement binds and benefits the parties, their heirs, successors, and permitted assigns.
32. Attorneys' Fees and Costs
In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as permitted by New Mexico law (including NMSA § 47-8-48 or contract provisions).
33. Time of Essence
Time is of the essence for all payment, notice, and performance obligations.
34. Counterparts; Electronic Signatures
This Agreement may be executed in counterparts, each of which is deemed an original. Electronic signatures (including DocuSign or similar) are valid and binding.
35. Lead-Based Paint Disclosure (Pre-1978 Housing)
If the Premises was built before 1978, federal law (42 U.S.C. § 4852d) requires disclosure of known lead-based paint and/or hazards, provision of the EPA pamphlet "Protect Your Family From Lead in Your Home," and a lead warning statement in the contract. Landlord represents: [[Known Lead-Based Paint or Hazards Disclosure or "None Known"]]. Tenant acknowledges receipt of the required pamphlet and disclosures.
36. Other Required Disclosures
- Mold: Landlord is not aware of any current visible mold growth or conditions likely to result in mold, except: [[Mold Disclosure or "None"]].
- Bed Bugs: Landlord has no knowledge of current bed bug infestation. Tenant shall promptly report any suspected infestation.
- Flood Hazard / Disaster: Flood zone or known hazards: [[Flood or Natural Hazard Disclosure]].
- Death on Premises: Disclosure of any death on the Premises in the prior three years if applicable and known: [[Death Disclosure or "None"]].
- Registered Sex Offenders: Information about registered sex offenders is available at the New Mexico Department of Public Safety website or local law enforcement.
- Other: [[Additional Disclosures Required by Law or Local Ordinance]].
37. Military and Domestic Violence Protections
A service member may have early termination rights under the Servicemembers Civil Relief Act (50 U.S.C. § 3955) upon proper notice and orders. Victims of domestic violence, sexual assault, or stalking may have early termination and lock-change rights under New Mexico law (NMSA § 47-8-27.1 or related) upon providing required documentation and notice.
38. Exhibits and Addenda
The following are attached and incorporated by reference:
- Exhibit A: Move-In/Move-Out Inventory & Condition Checklist
- Exhibit B: Rules and Regulations
- Exhibit C: Lead-Based Paint Disclosure and Pamphlet (if pre-1978)
- Exhibit D: Any Additional Addenda: [[List Additional Addenda or "None"]]
39. Signatures
LANDLORD
Signature: ______________________________ Date: _____________
Printed Name: [[Landlord Name]]
Title/Agent (if applicable): [[Landlord Signatory Title or "Owner"]]
TENANT(S)
Signature: ______________________________ Date: _____________
Printed Name: [[Tenant Name(s)]]
Signature: ______________________________ Date: _____________
Printed Name: [[Additional Tenant Name]]
WITNESS (Optional but Recommended)
Signature: ______________________________ Date: _____________
Printed Name: [[Witness Name]]
IMPORTANT DISCLAIMER - NEW MEXICO RESIDENTIAL LEASE AGREEMENT
This document is a template provided for informational and illustrative purposes only. It is not legal advice and does not create an attorney-client relationship. Landlord-tenant law is complex and subject to change. The user must verify all clauses, amounts, notice periods, disclosures, and remedies against current New Mexico statutes (primarily NMSA 1977 Chapter 47, Article 8), local ordinances, and the specific facts of the transaction. Consult a licensed New Mexico attorney before using or relying on this form. Figures, deadlines, and requirements must be confirmed as of the date of use. Landlord and Tenant should seek independent legal counsel. Use at your own risk.
Sources / References (as of June 2026): NMSA 1977 §§ 47-8-1 et seq. (Uniform Owner-Resident Relations Act), particularly §§ 47-8-18 (deposits), 47-8-20 (landlord duties), 47-8-24 (entry), 47-8-33 (termination), 47-8-36 (abandonment), and related provisions; federal lead disclosure requirements (42 U.S.C. § 4852d); SCRA; Fair Housing Act. All information should be independently verified with primary sources and updated for any legislative changes.
