New Mexico Residential Lease Agreement

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

Free to fill & preview · $19 for the clean PDF + Word

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New Mexico rules that this document follows

Security deposit limit1 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 (pre-1978); Owner/Agent IdentificationSource: New Mexico Uniform Owner-Resident Relations Act, NMSA §§ 47-8-1 to 47-8-52

Rules current as of 2026-09-07. 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 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, 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), and whether the building was built before 1978 (federal lead-paint rule).

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, 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 has no statutory cap on security deposits (N.M. Stat. § 47-8-18(A)); the amount must be stated in the lease and returned per statute.

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. Section 14 inserts every statutory disclosure for New Mexico (2 items, including the federal lead-paint notice for pre-1978 buildings) with its citation.

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 notice period is set to New Mexico's statutory minimum.

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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.