New Mexico Residential Lease Agreement
Fill out a New Mexico lease below and download a print-ready PDF — for a house, apartment, or room. Free, no signup. The lease preview updates as you type.
Maintained by the SealForms editorial team · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other New Mexico rules your lease has to live with
Beyond the deposit, New Mexico law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. New Mexico requires at least 24 hours’ notice before a non-emergency entry. — NMSA 1978 § 47-8-24(A)(1) (1995 amendment) ↗
- Late fees. Max 5% of rent per rental period (reduced from 10% effective June 20, 2025); only if lease provides for it; calculated on rent only; notice of the fee by end of next rental period — NMSA 1978 § 47-8-15(D) (amended 2025 ch.122, eff. June 20, 2025) ↗
- Rent increases. 30 days' written notice before the periodic rental date (month-to-month); one rental period for periods under one month — NMSA 1978 § 47-8-15(F) ↗
- Repair and deduct. No classic repair-and-deduct; statutory rent abatement: after written notice and 7 days without remedy, tenant may abate 1/3 of pro-rata daily rent per day (100% if uninhabitable and vacated) — NMSA 1978 § 47-8-27.2 (1995, amended 1999) ↗
- Habitability. New Mexico law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — NMSA 1978 § 47-8-20(A) ↗
Each point links to the New Mexico source it was taken from. Rules change; confirm before relying on them.
What New Mexico law requires · as of 2026
- Max security deposit
- 1 month's rent (leases under 1 yr; no cap on longer)
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 days
Source: N.M. Stat. §47-8-18 · verify ↗. Laws change — confirm the current rule before you rely on it.
Live preview · updates as you type
Residential Lease Agreement
State of New Mexico
This Lease Agreement is made on __________ between __________ ("Landlord") and __________ ("Tenant") for the property located at __________ (the "Premises").
Term. The lease runs from __________ to __________. Rent. Tenant shall pay $______/month, due on the __________ . Late payments incur a late fee as noted.
Security deposit. Tenant pays a deposit of $______, refundable per New Mexico law less lawful deductions. Utilities. Tenant is responsible for: __________ . Pets. As agreed by the parties.
Tenant shall keep the Premises in good condition and comply with the lease and applicable law. This lease is subject to the landlord-tenant laws of the State of New Mexico, which control over any conflicting term.
Generated with SealFormsReflects New Mexico law · verified 2026
What a New Mexico lease should cover
- Names of the landlord and every adult tenant, and the property address
- The lease term (start and end) and the monthly rent and due date
- The security deposit amount (within New Mexico’s legal cap)
- Late fees, utilities, pets, and maintenance responsibilities
- Signatures of the landlord and each tenant
- Built before 1978? Federal law requires a lead-based paint disclosure before the lease takes effect — tick the “Lead-based paint disclosure” clause in the form above and give the tenant the EPA pamphlet “Protect Your Family From Lead in Your Home” ↗
Know your New Mexico rules
State law — not the lease — controls things like the maximum security deposit, how fast it must be returned, how much notice is required to enter or to end a month-to-month tenancy, and required disclosures. Check the current New Mexico landlord-tenant rules so your lease lines up with them.
Frequently asked questions
Is this lease valid in New Mexico?
A written lease that clearly identifies the parties, the property, the term, and the rent is generally enforceable in New Mexico when both sides sign. This template covers those essentials. New Mexico, like every state, has landlord-tenant rules (on deposits, entry, and notice) that override anything conflicting in a lease — so review your state’s rules and, for complex situations, have an attorney check it.
How much security deposit can a landlord charge in New Mexico?
In New Mexico, the security deposit is limited to 1 month's rent (leases under 1 yr; no cap on longer), and it must be returned within 30 days after move-out (as of 2026). Source: N.M. Stat. §47-8-18. Confirm the current rule before you sign.
Do I need to notarize a lease in New Mexico?
Most residential leases do not need to be notarized to be valid. Signatures from the landlord and each tenant are what matter. Longer leases (often over one year) can have extra formality requirements in some states — check New Mexico’s rules if your term is long.
How do I fill it out?
Enter the landlord, tenant, property, term, rent, and deposit above — the lease preview updates as you type. Click “Download / Print PDF,” then landlord and tenant sign. Give the tenant a copy.
How much notice must a landlord give before entering a rental in New Mexico?
New Mexico requires at least 24 hours' notice for a non-emergency entry. Source: NMSA 1978 § 47-8-24(A)(1) (1995 amendment).
Can a landlord charge late fees in New Mexico?
Max 5% of rent per rental period (reduced from 10% effective June 20, 2025); only if lease provides for it; calculated on rent only; notice of the fee by end of next rental period Source: NMSA 1978 § 47-8-15(D) (amended 2025 ch.122, eff. June 20, 2025).
Can a tenant repair and deduct rent in New Mexico?
No classic repair-and-deduct; statutory rent abatement: after written notice and 7 days without remedy, tenant may abate 1/3 of pro-rata daily rent per day (100% if uninhabitable and vacated) Source: NMSA 1978 § 47-8-27.2 (1995, amended 1999).
How does New Mexico compare? See the security deposit limits in all 50 states, every figure cited to statute.
How New Mexico compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for New Mexico: N.M. Stat. §47-8-18 ↗.
- New Mexico is one of 29 of 51 jurisdictions that cap the deposit by statute (22 set no statutory cap on the security deposit).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Arizona (14 days), Colorado (30 days), Oklahoma (45 days), Texas (30 days), Utah (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 38 other states.
Notice to end a month-to-month tenancy in neighboring states — Arizona (30 days), Colorado (21 days), Oklahoma (30 days), Texas (30 days), Utah (15 days).
Lease agreement in other states
More New Mexico legal forms
Different state? See lease agreements by state →