Whether you’ve rented a house to some rowdy Lobo undergrads or had trouble getting the heat fixed in your chilly Santa Fe apartment, you’ve probably wondered if knowing a bit more about landlord-tenant laws might have saved you from a few headaches. And if you’ve ever found yourself in a less-than-enchanting lessor-lessee relationship in the Land of Enchantment, you may have wondered what your legal rights and responsibilities are. This is a basic overview of leases and rental agreements laws in New Mexico.
Leases and Rental Agreement Law
State lease and rental agreement laws regulate landlord-tenant relationships by defining some of the basics terms of real estate rental contracts. While these statutes can be fairly similar, they can differ when defining the time limits for leases and what to do when and if a lease expires. These statutes will often include protections against housing discrimination. New Mexico is one of many states that have adopted the Uniform Residential Landlord and Tenant Act (URLTA) which attempts create some consistency in landlord-tenant law from state to state. A few states have enacted stricter tenant rights laws beyond URLTA, and provide even greater protections for renters.
Leases and Rental Agreements in New Mexico
New Mexico’s rental laws limit deposits to one month’s rent if the lease is less than a year, and landlords are required to add interest on a deposit if it exceeds this amount. And when a New Mexico lease term ends, the holdover tenant remains subject to the terms of the original lease. New Mexico’s lease and rental agreements statutes are highlighted below.
| Code Section | New Mexico Statutes 47-8-1, et seq.: Owner-Resident Relations New Mexico Statutes 28-1-7(G): Unlawful Discriminatory Practice |
| Terms of Leases | Holdover converts to month-to-month tenancy unless tenant pays weekly, then week-to-week |
| Deposits | If term is under one year, then limit is 1 month rent; interest on deposit required if landlord demands deposit in excess of 1 month rent; deposit must be returned within 30 days of termination or departure, whichever is later |
| Discrimination | No discrimination on basis of race, religion, color, national origin, ancestry, sex, or physical or mental handicap |
| Uniform Residential Landlord & Tenant Act Adopted? | Yes |
Related Resources for New Mexico Leases and Rental Agreements Laws
State rental statutes can be complex. For additional articles and resources on this topic, you can visit FindLaw’s section on Leases and Rental Agreements. If you would like legal assistance with a lease or rental agreement issue, you can consult with a New Mexico landlord-tenant attorney.
