New Mexico Residential Lease Agreement
Create a free New Mexico lease with the state's rules built in — the correct deposit cap, entry-notice requirement, lawful late fees, and required disclosures. Fill in the form, preview the full lease, and download a ready-to-sign PDF.
Deposit limit
1 month's rent for leases under 1 year (a larger deposit on a longer lease must earn interest)
Return deadline
30 days
Entry notice
24 hours written notice
Disclosures
1 state + federal lead
A free, state-compliant lease — but not legal advice.
This builds a complete New Mexico residential lease with the state's deposit limit, entry-notice rule, and required disclosures built in. Read it carefully and have a lawyer review anything unusual. RecordingLaw.com is not a law firm.
Landlord & tenant
Property
Year built matters: pre-1978 buildings require the federal lead-paint disclosure, which this tool adds automatically. Leave blank if unsure — we'll include the federal lead notice to be safe.
Term & rent
New Mexico late fees: no statutory cap (must be in the lease).
Security deposit
New Mexico limit: 1 month's rent for leases under 1 year (a larger deposit on a longer lease must earn interest). Return: 30 days.
Utilities
Who pays each utility.
Policies
New Mexico compliance notes
Because the building was built before 1978 (or the year is blank), federal law requires you to give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home” and a signed lead disclosure. The Lead Warning Statement is included above.
Have every adult occupant sign and date. New Mexico residential leases generally do not require a notary or witness. Keep a signed copy and give one to the tenant.
Or email yourself a copy (PDF)
RESIDENTIAL LEASE AGREEMENT (NEW MEXICO)
1. Parties
This Residential Lease Agreement (this “Lease”) is made between [LANDLORD NAME] (“Landlord”) and [TENANT NAME(S)] (“Tenant,” whether one or more), who agree as follows.
2. Premises
Landlord leases to Tenant the residential premises located at [PROPERTY ADDRESS], in New Mexico (the “Premises”), for residential use only. The Premises shall be occupied only by the Tenant(s) named above.
3. Term
This Lease is for a fixed term beginning [START DATE] and ending [END DATE]. At the end of the term, unless renewed in writing, the tenancy converts to month-to-month, terminable on the notice required by New Mexico law (30 days).
4. Rent
Tenant shall pay rent of $______ per month, due in advance on the 1st of each month. Rent is considered paid when actually received by Landlord.
5. Late Charges
Rent is due on the date stated above. Any late charge, if applicable, must comply with state law.
Under New Mexico law, late fees are limited as follows: no statutory cap (must be in the lease). Any late charge in this Lease must not exceed what the law allows.
6. Security Deposit
Tenant shall pay a security deposit of $______, which Landlord holds as security for Tenant’s performance of this Lease.
New Mexico law limits the security deposit to: 1 month's rent for leases under 1 year (a larger deposit on a longer lease must earn interest). After the tenancy ends, Landlord must return the deposit, less lawful deductions and with an itemized statement, within 30 days.
7. Occupancy and Use
Tenant shall use the Premises only as a private residence, shall not disturb neighbors’ peaceful enjoyment, and shall comply with all applicable laws and any reasonable written rules provided by Landlord.
8. Utilities
Tenant is responsible for the following utilities and services: Electricity, Gas, Internet/cable, Heat.
Landlord is responsible for: Water/sewer, Trash.
9. Maintenance, Repairs, and Habitability
Landlord shall maintain the Premises in a habitable condition and make repairs required by law. (New Mexico: implied warranty of habitability (47-8-20); rent abatement (not repair-and-deduct) after a 7-day notice.)
Tenant shall keep the Premises clean and sanitary, promptly notify Landlord of needed repairs, and not damage the Premises beyond normal wear and tear.
10. Landlord’s Right of Entry
Landlord may enter the Premises for inspections, repairs, or to show the unit, after giving Tenant the notice required by New Mexico law: 24 hours written notice. In an emergency, Landlord may enter without notice.
11. Pets
No pets are permitted without Landlord’s prior written consent. This restriction does not apply to assistance or service animals required as a reasonable accommodation under fair-housing law.
12. Smoking
Smoking is prohibited inside the Premises and the building.
13. Subletting and Assignment
Tenant shall not sublet the Premises or assign this Lease without Landlord’s prior written consent.
14. Alterations
Tenant shall not make alterations, additions, or improvements to the Premises without Landlord’s prior written consent. Any permitted alterations become part of the Premises unless agreed otherwise.
15. Required Disclosures
LEAD WARNING STATEMENT (Federal): Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly, and is particularly harmful to young children and pregnant women. Landlord must disclose the presence of any known lead-based paint and hazards, provide the EPA pamphlet “Protect Your Family From Lead in Your Home,” and Tenant must sign an acknowledgment. Landlord has no knowledge of lead-based paint or hazards on the Premises.
Owner/manager identity (New Mexico): Disclose name/address of the person authorized to manage and an owner/agent for service of process and notices.
16. Default and Remedies
If Tenant fails to pay rent or otherwise breaches this Lease, Landlord may pursue all remedies allowed by New Mexico law, including serving the required notice and, if the default is not cured, beginning eviction (unlawful-detainer) proceedings.
17. Holdover
If Tenant remains after the term ends without a new written agreement, the tenancy becomes month-to-month on the same terms, terminable on the notice required by New Mexico law (30 days).
18. Quiet Enjoyment
So long as Tenant complies with this Lease, Tenant may peaceably and quietly enjoy the Premises.
19. General Provisions
This Lease is governed by the laws of the State of New Mexico and is the entire agreement between the parties, superseding prior understandings. It may be amended only in a writing signed by both parties. If any provision is unenforceable, the remaining provisions remain in effect. A waiver of one breach is not a waiver of any other.
SIGNATURES
Landlord: _______________________________ Date: ____________
Printed name: [LANDLORD NAME]
Tenant: _______________________________ Date: ____________
Printed name: [TENANT NAME]
LEAD-PAINT DISCLOSURE ACKNOWLEDGMENT (required for pre-1978 housing):
Tenant has received the Lead Warning Statement above and a copy of the EPA pamphlet "Protect Your Family From Lead in Your Home."
Tenant initials: ________ Landlord initials: ________
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New Mexico Security Deposit Rules
In New Mexico, the security deposit is limited to 1 month's rent for leases under 1 year (a larger deposit on a longer lease must earn interest). After the tenancy ends, the landlord must return the deposit — with an itemized statement of any deductions — within 30 days. The generator states these terms in the lease and warns you if the deposit you enter exceeds the legal maximum.
Required Disclosures in New Mexico
New Mexico requires the following disclosures in or with a residential lease (a light-disclosure state), in addition to the federal lead-based-paint disclosure for pre-1978 buildings:
- Owner/manager identity — Disclose name/address of the person authorized to manage and an owner/agent for service of process and notices. (N.M. Stat. § 47-8-19)
Entry Notice, Late Fees & Termination in New Mexico
Landlord entry: 24 hours written notice (emergencies excepted). Late fees: no statutory cap (must be in the lease). Month-to-month / termination notice: 30 days. Rent control: banned by state law (NMSA 47-8A-1).
When a tenancy goes wrong, our New Mexico eviction notice generator produces the correct notice, and the New Mexico landlord-tenant laws guide covers repairs, habitability, and tenant rights in full. Source for the rules above: NMSA 1978 47-8 (Owner-Resident Relations Act).
Frequently Asked Questions
How much can a New Mexico security deposit be?
New Mexico: 1 month's rent for leases under 1 year (a larger deposit on a longer lease must earn interest). The deposit must be returned, with an itemized statement of any deductions, within 30 days.
What disclosures must a New Mexico lease include?
New Mexico requires: Owner/manager identity. Every pre-1978 building also requires the federal lead-based-paint disclosure, which this generator adds automatically.
How much notice before a New Mexico landlord can enter?
24 hours written notice in New Mexico. Emergencies require no notice. The generator states this rule in the lease.
Are late fees capped in New Mexico?
no statutory cap (must be in the lease). The lease notes this so any late charge stays lawful.
Is a New Mexico lease valid without a notary?
Yes — a residential lease is binding when the landlord and all adult tenants sign it; New Mexico does not require a notary or witness for a standard residential lease.
Disclaimer
This generator provides a self-help document for general informational purposes only and is not legal advice. RecordingLaw.com is not a law firm. Landlord-tenant law changes and local ordinances (rent control, just-cause, extra disclosures) may add requirements; figures are current as of 2026-06-07. For a complex tenancy, consult a licensed New Mexico attorney.