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Formswift: Create a rental agreement in minutes with our New Mexico lease agreement

Our New Mexico lease agreement template empowers you to quickly create a contract tailored to your specific needs. Say goodbye to the hassle of starting from scratch and save valuable time with our user-friendly legal document solution.

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What is a New Mexico lease agreement?

Unlike a rental application, a New Mexico lease agreement is a rental contract between a landlord (lessor) and a tenant (lessee). It outlines the terms and conditions for tenancy in the state of New Mexico, establishing the occupancy rights and both parties’ responsibilities.

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Most commonly used New Mexico residential lease agreement

The most commonly used New Mexico lease agreement is the fixed-term, standard residential lease agreement. This rental agreement includes essential details like the duration of the lease, rent amount, security deposit, property management, pet policies, and maintenance responsibilities.

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Which disclosures belong in a New Mexico lease agreement?

You should include certain disclosures in a New Mexico lease agreement to ensure compliance with state laws.

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Lead-based paint disclosure

If the rental property was built before 1978, federal law requires disclosing the potential presence of lead-based paint.

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Mold disclosure

New Mexico law requires landlords to inform tenants about known mold in the rental property.

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Utility responsibility

Clearly outline which utilities the tenant is responsible for and which are covered by the landlord.

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Security deposit

Provide information on how the security deposit will be handled, including its amount, purpose, and conditions for refund.

What you need to know about New Mexico lease agreement deposits

New Mexico landlords often require tenants to provide a security deposit before moving in. This deposit acts as financial protection for the landlord in case of property damage or nonpayment of rent. It's important to understand the following:

Landlords can only charge up to one month’s rent for leases lasting less than a year. For leases that are longer than a year, there are technically no maximum limits for security deposits.

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Landlords must keep the security deposit in a separate account. They must then return it to the tenant within 30 days after the lease termination date, minus any legitimate deductions.

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If the landlord intends to withhold any portion of the security deposit, they must provide an itemized list of deductions, including repair costs or unpaid rent.

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Frequently asked questions

Generally, a landlord can’t raise the rent during the lease term unless it’s specified in the lease agreement. Rent increases are more common when renewing the lease.

Breaking a lease early may result in financial consequences. However, in certain circumstances—such as military deployment—rental laws may allow for lease termination. Consult your lease agreement and seek legal advice if needed.

In most cases, property owners must provide reasonable notice before entering the rental unit, except in emergencies or agreed-upon circumstances. New Mexico law typically requires at least 24 hours' notice.

In some cases, landlord-tenant laws allow tenants to withhold rent if the landlord fails to address significant maintenance issues that affect the habitability of the property. However, specific conditions must be met. We recommend you seek out real estate-specific legal advice if this situation occurs.

While not legally required, it is highly recommended.

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