New Mexico Room Rental Agreement (2026)

Rent out a room in your home or apartment: private room, shared areas, house rules, utilities split, deposit and notice terms that follow your state's law.

Updated September 2026≈ 8 minReviewed against N.M. Stat. § 47-8-18 · N.M. Stat. § 47-8-15 · N.M. Stat. § 47-8-24

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What you'll get

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

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What this document covers

Homeowner or primary tenant and the room renter
The private room and the shared areas
Month-to-month or fixed term with state notice rules
Rent, due day and late fee within the state cap
Utilities included, split or fixed
Security deposit cap and return
Overnight guests, quiet hours, smoking and pets
Cleaning and chores
Landlord entry and repairs
State disclosures and lodger rules

New Mexico rules that this document follows

Security deposit limit	one 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 deadline	30 days after move-outSource: N.M. Stat. § 47-8-18(C)
Interest on deposit	Not 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 fees	Max 10% of the rent for the rental periodSource: N.M. Stat. § 47-8-15(D)
Landlord entry notice	24 hoursSource: N.M. Stat. § 47-8-24(A)
Notice to end month-to-month	Landlord 30 days / Tenant 30 daysSource: N.M. Stat. § 47-8-37(B)

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

How to use this Room Rental Agreement in New Mexico

Describe the room and the shared areas precisely, set utilities as a fixed charge or state the split formula to avoid monthly arguments, and put guest, quiet-hour and cleaning rules in writing. Answer the state disclosure questions (flood zone, sprinklers, bed bugs and the like) — they print as actual statements in the agreement. Give the renter a copy, a receipt for the deposit and every attachment listed at the end.

If you are a tenant subletting a room, confirm your lease allows it and get your landlord's written consent first.

Frequently asked questions

Do landlord-tenant laws apply when I rent a room in my own home in New Mexico?

In most states yes, including deposit rules, statutory disclosures and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of the federal Fair Housing Act under the 'Mrs. Murphy' exemption). This agreement follows New Mexico's general residential rules and prints the state's statutory disclosures that apply to a room letting.

Can I remove a roommate without going to court?

No. Once a person is a paying occupant, self-help removal is illegal. Serve the New Mexico notice and, if needed, file an eviction case.

Other names

roommate agreement
rent a room contract
lodger agreement
shared housing agreement
room lease
house share agreement
boarder agreement

Other states

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.