Residential Lease AgreementNew MexicoContinue ↓

New Mexico Residential Lease Agreement (2026)

A complete, state-specific lease for a house, apartment or condo with every disclosure your state requires.

Updated September 2026≈ 12 minReviewed against N.M. Stat. § 47-8-18 · N.M. Stat. § 47-8-15 · N.M. Stat. § 47-8-24
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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fillView larger
What you'll get

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in New Mexico are added automatically.

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Sample first page of the Residential Lease Agreement: title block and opening sections with blanks to fill

Sample first page of the Residential Lease Agreement. Your answers fill in the blanks; the clauses required in New Mexico are added automatically.

This preview updates as you type. Blank fields show as ____ .

What this document covers

  • Parties, occupants and joint liability
  • Premises, furnishings and parking
  • Fixed or month-to-month term and holdover
  • Rent, due date, payment methods and late fees
  • Security deposit cap, holding and return deadline
  • Who pays which utilities
  • Maintenance, repairs and landlord entry notice
  • Pets, smoking, subletting and renter's insurance
  • Early termination and move-out
  • State disclosures and federal lead-paint notice

New Mexico rules that this document follows

Security deposit limitone month's rent — 1 month's rent for leases under 1 year; no cap for leases of 1 year or more (interest required if deposit exceeds 1 month)Source: N.M. Stat. § 47-8-18(A)
Deposit return deadline30 days after move-outSource: N.M. Stat. § 47-8-18(C)
Interest on depositNot requiredSource: N.M. Stat. § 47-8-18(A)(1) (interest only when deposit exceeds 1 month's rent on a lease of 1 year or more)
Late feesMax 10% of the rent for the rental periodSource: N.M. Stat. § 47-8-15(D)
Landlord entry notice24 hoursSource: N.M. Stat. § 47-8-24(A)
Notice to end month-to-monthLandlord 30 days / Tenant 30 daysSource: N.M. Stat. § 47-8-37(B)
Rent increase rulesNo cap; 30 days' written notice before the rental period in which the increase takes effectSource: N.M. Stat. § 47-8-15(F)
Required disclosuresLead-Based Paint Disclosure (pre-1978 housing); Owner and Agent IdentificationSource: New Mexico Uniform Owner-Resident Relations Act, NMSA §§ 47-8-1 to 47-8-52

Rules current as of 2026-10-27. Statutes change; verify before relying on them.

How to use this Residential Lease Agreement in New Mexico

A residential lease in New Mexico should identify every adult tenant, describe the premises, state the term, the rent and how it is paid, the security deposit and how it will be returned, who pays which utilities, the rules on pets, smoking and subletting, and the disclosures New Mexico law requires. This generator walks you through each of those items in order, checks the deposit and late fee against New Mexico's statutory caps, and drafts the clauses for you.

Before you start, gather: the legal names and mailing addresses of the landlord and all tenants, the property address and the number of units in the building, the move-in date, the rent amount and due day, the deposit amount and the bank where it will be held (some states require this), whether the building was built before 1978 (federal lead-paint rule), and the answers to your state's disclosure questions (for example whether the property is in a FEMA flood zone — check msc.fema.gov).

After you preview the document, download the PDF, have every adult tenant and the landlord sign (electronic signatures are valid), give each party a copy together with every attachment listed at the end of the lease, and complete a move-in inspection checklist with photos. Keep the signed lease for at least four years after the tenancy ends.

Frequently asked questions

How much security deposit can a landlord charge in New Mexico?

New Mexico caps the security deposit at 1 month' rent (N.M. Stat. § 47-8-18(A)). The generator warns you if you enter more.

When must the deposit be returned in New Mexico?

Within 30 days after the tenant moves out, with an itemized statement of deductions (N.M. Stat. § 47-8-18(C)).

Does this lease include the disclosures New Mexico requires?

Yes. The Disclosures section asks you the yes/no questions each New Mexico statute requires (for example flood zone, sprinklers, mold or bed bugs) and prints the actual statutory statement — in bold or larger type where the law demands it — with its citation, plus the federal lead-paint notice for pre-1978 buildings. Forms that must be separate documents are listed as attachments.

Is this lease legally binding once signed?

A written lease signed by landlord and all adult tenants is an enforceable contract in New Mexico. Electronic signatures are valid under the federal ESIGN Act and the state UETA. No notarization is required for a residential lease.

Can I use this for a month-to-month rental?

Yes — choose 'Month-to-month' in the Term step. The tenant's notice period is set to New Mexico's statutory minimum, and the landlord's notice period follows N.M. Stat. § 47-8-37(B).

Other names

  • rental agreement
  • residential tenancy agreement
  • apartment lease
  • house rental contract
  • tenancy agreement
  • lease contract
  • rental contract

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.