Free New Mexico Rental Lease Agreement


Sample New Mexico Rental Lease Agreement

RESIDENTIAL LEASE AGREEMENT

THIS RESIDENTIAL LEASE (the “Lease”) dated this ___ day of ____________________,20___.

BETWEEN:

_______________

(the “Landlord”)

– AND-

_______________

(the “Tenant”)

(individually the “Party” and collectively the “Parties”)

IN CONSIDERATION OF the Landlord leasing certain premises to the Tenant and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the Parties agree as follows:

    Leased Property

  1. The Landlord agrees to rent to the Tenant the house, municipally described as ______________________, ______________________, New Mexico, ______________________ (the “Property”), for use as residential premises only.
  2. No guests of the Tenants may occupy the Property for longer than one week without the prior written consent of the Landlord.
  3. Term

  4. The term of the Lease is a periodic commencing at 12:00 noon on _____________of _____________, 20___ and continuing on a month-to-month basis until the Landlord or the Tenant terminates the tenancy.
  5. Rent

  6. Subject to the provisions of this Lease, the rent for the Property is $_____________ per week (the “Rent”).
  7. The Tenant will pay the Rent weekly, on or before ______________ of each and every week of the term of this Lease to the Landlord at ______________________, ______________________, State of New Mexico, ______________________ or at such other place as the Landlord may later designate by Cash.
  8. Tenant Improvements

  9. The Tenant will obtain written permission from the Landlord before doing any of the following:

    1. applying adhesive materials, or inserting nails or hooks in walls or ceilings other than two small picture hooks per wall;
    2. painting, wallpapering, redecorating or in any way significantly altering the appearance of the Property;
    3. removing or adding walls, or performing any structural alterations;
    4. installing a waterbed(s);
    5. changing the amount of heat or power normally used on the Property as well as installing additional electrical wiring or heating units;
    6. placing or exposing or allowing to be placed or exposed anywhere inside or outside the Property any placard, notice or sign for advertising or any other purpose; or
    7. affixing to or erecting upon or near the Property any radio or TV antenna or tower.
  10. Insurance

  11. The Tenant is hereby advised and understands that the personal property of the Tenant is not insured by the Landlord for either damage or loss, and the Landlord assumes no liability for any such loss.
  12. Attorney Fees

  13. In the event that any action is filed in relation to this Lease, the unsuccessful Party in the action will pay to the successful Party, in addition to all the sums that either Party may be called on to pay, a reasonable sum for the successful Party’s attorney fees.

  14. Governing Law

  15. This Lease will be construed in accordance with and exclusively governed by the laws of the State of New Mexico.

  16. Severability

  17. If there is a conflict between any provision of this Lease and the applicable legislation of the State of New Mexico (the “Act”), the Act will prevail and such provisions of the Lease will be amended or deleted as necessary in order to comply with the Act. Further, any provisions that are required by the Act are incorporated into this Lease.

  18. The invalidity or unenforceability of any provisions of this Lease will not affect the validity or enforceability of any other provision of this Lease.  Such other provisions remain in full force and effect.

  19. Amendment of Lease

  20. This Lease may only be amended or modified by a written document executed by the Parties.

  21. Damage to Property

  22. If the Property should be damaged other than by the Tenant’s negligence or willful act or that of the Tenant’s employee, family, agent, or visitor and the Landlord decides not to rebuild or repair the Property, the Landlord may end this Lease by giving appropriate notice.

  23. Care and Use of Property

  24. The Tenant will promptly notify the Landlord of any damage, or of any situation that may significantly interfere with the normal use of the Property or to any furnishings supplied by the Landlord.

  25. The Tenant will not engage in any illegal trade or activity on or about the Property.

  26. The Parties will comply with standards of health, sanitation, fire, housing and safety as required by law.

  27. The Parties will use reasonable efforts to maintain the Property in such a condition as to prevent the accumulation of moisture and the growth of mold. The Tenant will promptly notify the Landlord in writing of any moisture accumulation that occurs or of any visible evidence of mold discovered by the Tenant. The Landlord will promptly respond to any such written notices from the Tenant.
  28. If the Tenant is absent from the Property and the Property is unoccupied for a period of 4 consecutive days or longer, the Tenant will arrange for regular inspection by a competent person. The Landlord will be notified in advance as to the name, address and phone number of the person doing the inspections.

  29. At the expiration of the term of this Lease, the Tenant will quit and surrender the Property in as good a state and condition as they were at the commencement of this Lease, reasonable use and wear and tear excepted.

  30. Rules and Regulations

  31. The Tenant will obey all rules and regulations of the Landlord regarding the Property.

  32. Address for Notice

  33. For any matter relating to this tenancy, the Tenant may be contacted at the Property or through the phone number below. After this tenancy has been terminated, the contact information of the Tenant is:

    1. Name: _______________
    2. Phone: ______________________
  34. For any matter relating to this tenancy, whether during or after this tenancy has been terminated, the Landlord’s address for notice is:

    1. Name: _______________
    2. Address: ______________________, ______________________, State of New Mexico, ______________________

      The contact information for the Landlord is:

    3. Phone: ______________________
  35. General Provisions

  36. All monetary amounts stated or referred to in this Lease are based in the United States dollar.
  37. Any waiver by the Landlord of any failure by the Tenant to perform or observe the provisions of this Lease will not operate as a waiver of the Landlord’s rights under this Lease in respect of any subsequent defaults, breaches or non-performance and will not defeat or affect in any way the Landlord’s rights in respect of any subsequent default or breach.
  38. This Lease will extend to and be binding upon and inure to the benefit of the respective heirs, executors, administrators, successors and assigns, as the case may be, of each Party. All covenants are to be construed as conditions of this Lease.
  39. All sums payable by the Tenant to the Landlord pursuant to any provision of this Lease will be deemed to be additional rent and will be recovered by the Landlord as rental arrears.
  40. Where there is more than one Tenant executing this Lease, all Tenants are jointly and severally liable for each other’s acts, omissions and liabilities pursuant to this Lease.
  41. Locks may not be added or changed without the prior written agreement of both Parties, or unless the changes are made in compliance with the Act.
  42. The Tenant will be charged an additional amount of .00 for each N.S.F. check or checks returned by the Tenant’s financial institution.
  43. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Lease. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
  44. This Lease may be executed in counterparts. Facsimile signatures are binding and are considered to be original signatures.
  45. This Lease constitutes the entire agreement between the Parties.
  46. During the last 30 days of this Lease, the Landlord or the Landlord’s agents will have the privilege of displaying the usual ‘For Sale’ or ‘For Rent’ or ‘Vacancy’ signs on the Property.
  47. Time is of the essence in this Lease.

IN WITNESS WHEREOF _______________ and _______________ have duly affixed their signatures on this _____________of _____________, 20___.

_________________________________
Landlord: _______________

 

_________________________________
Tenant: _______________

The Tenant acknowledges receiving a duplicate copy of this Lease signed by the Tenant and the Landlord on the _____ day of ______________________, 20____.

_________________________________
Tenant: _______________

 

 

Lead-Based Paint Disclosure

Property: ______________________, ______________________, New Mexico, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has NO knowledge of any lead-based paint and/or lead-based paint hazards in or about the Property.
  2. The Landlord has NO records or reports relating to lead-based paint and/or lead-based paint hazards in or about the Property.
Date: _____________of _____________, 20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of:

  1. the information contained in the above Landlord’s Disclosure including the above-mentioned reports and records; and
  2. the pamphlet Protect Your Family from Lead in Your Home (EPA-747-K-99-001) or an equivalent pamphlet that has been approved for use in the state by the Environmental Protection Agency.
Date: _____________of _____________, 20___

  Tenant: _______________

per: _________________________________

The pamphlet Protect Your Family from Lead in Your Home can be ordered in hard copy or can be printed from the website http://www2.epa.gov/lead/protect-your-family-lead-your-home.

Asbestos Disclosure

Property: ______________________, ______________________, New Mexico, ______________________
Landlord: _______________
Tenant: _______________

Landlord’s Disclosure

The Landlord CERTIFIES THAT:

  1. The Landlord has investigated and there is no asbestos in or about the Property.
  2. The Landlord has NO records or reports with respect to asbestos in or about the Property.
Date: _____________of _____________, 20___

  Landlord: _______________

per: _________________________________

Tenant’s Disclosure

The Tenant ACKNOWLEDGES receipt of the information contained in the above Landlord’s Disclosure including any reports and records.

Date: _____________of _____________, 20___

Tenant: _______________

per: _________________________________

New Mexico Rental Lease Agreement

If you are a tenant or a landlord, an understanding of the rental laws applicable in New Mexico will help you stay clear of trouble. You will also fill our free online New Mexico rental lease agreement form confidently.

  • Official Rules and Regulations

    • New Mexico Uniform Owner-Resident Relations Act

    • Uniform Owner-Resident Relations Act (OFFICIAL Source via New Mexico Compilation Commission) – N.M. Stat. Ann. § 47-8-1 – 47-8-52

    • Uniform Owner-Resident Relations Act (UNOFFICIAL Source via Justia US Law) – N.M. Stat. Ann. § 47-8-1 – 47-8-52

Security Deposit

The security deposit maximum is reasonably charged, and for leases not exceeding a year, the deposit shouldn’t exceed one month’s rent

The annual rental lease agreements in New Mexico require a deposit of not more than one month’s rent, and the landlord must pay the tenants their interest annually.

No statute guides the setting up of separate security deposit bank account, pet deposits, or non-refundable fees.

The security deposit should be returned to the tenant 30 days from the termination of the tenancy

The acceptable uses of the security deposit include:

Payment of rent and utility costs allowed

Damages suffered as a result of the tenant’s non-compliance

A written itemized list or description of damages and charges should be prepared.

No statute governs record keeping of the deposit withholdings or receipt of deposits.

In case of noncompliance on the part of the landlord, and if the landlord doesn’t provide a written statement of deposit deductions, plus the remaining balance within 30 days, then the landlord will forfeit the right to hold any portion of the deposit.

Lease, Rent, and Fees

The rent is due as indicated in the lease

A 30-day notice is required for the increase in rent payable monthly. On the other hand, issuance of rent increase notice needs to be done at least 3 days before the end of the term

No statutes govern the rent’s grace period

In the state of New Mexico, late fees are applicable as stated in the lease, although the late fee for any given period shouldn’t exceed 10 percent of the total rent for the term in question.

Prepaid rent could be required in the New Jersey rental lease agreement

Returned check fees attract a charge of $25

The tenant can withhold rent in case the landlord fails to provide essential services like water or heat, as it is in the stipulated Landlord Obligations

No statute defines if the tenant can repair and rent.

The landlord can recover court and attorney fees

It is a requirement that the landlord makes a reasonable attempt to mitigate any damages to the lessee, including any attempts to re-rent.

There is no statute for abandonment fees or early termination fees

Notices and Entry

Since the lease just expires, there is no need for notices to terminate a tenancy in fixed-end-date leases

In monthly leases, a 30-day written notice is necessary prior to the termination of the tenancy. The termination date is specified in the notice.

In weekly leases, the notice to terminate the lease if given in writing 7 days with the termination date specified in the notice.

The state of New Jersey has no statute for terminating tenancies with only 24-hour notices.

No statute applies to notices for a move-out date or time inspection

In case of non-payment, a notice of termination for nonpayment is given, The notice is a 3-day written notice when rent is due.

A 7-day written notice is required for the termination of the lease following lease violations. However, if there is a second instance of noncompliance within six months of the first violation, the landlord delivers a 7-day unconditional quit notice.

A 24-hour notice is essential before entry unless the landlord enters the unit to perform repairs or services within 7 days after the tenant requests, or even when the landlord/ owner is accompanied by a public official conducting inspections on gas, electricity, cable TV or telephone lines

Entry is acceptable, with notice, for non-emergency maintenance and repairs

Notice is also allowed with notice for showings, and notice is allowed without notice in emergencies

Entry is also allowed when a tenant is absent for more than 7 days.

No statute governs giving notices to tenants for the use of pesticides

Lockouts and utility shutoffs aren’t allowed in the New Mexico rental lease agreement

  • Disclosures and Miscellaneous Rules

    • Copy of lease

    • Name and addresses

    • Domestic violence situations

    • Landlord and tenant’s duties

    • Lead disclosures

    • Retaliation

Court-related Matters

The New Mexico Small Claims courts has a limit of $10,000

No eviction cases are allowed in the small claims courts

The statute of limitations deems viable written contracts and oral contracts up to 6 and 4 years respectively

You can get legal information and help from New Mexico’s bar association, legal aid or the attorney general’s office.

Business Licenses

While there are no state-wide requirements for business licenses, the local counties and cities may require them.

With these details out of your way, get your free New Mexico rental lease agreement form from us now.

Sample

NM Rental Lease Agreement

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