New Mexico Room Rental Agreement

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.

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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)

Rules current as of 2026-09-07. 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 to avoid monthly arguments, and put guest, quiet-hour and cleaning rules in writing. Give the renter a copy and a receipt for the deposit.

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 and eviction procedures, although some states exempt owner-occupied homes from certain rules (for example, parts of fair-housing law under the 'Mrs. Murphy' exemption). This agreement follows New Mexico's general residential rules to be safe.

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.

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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.