New Mexico Landlord Forms
New Mexico Landlord Tenant Laws are provided in New Mexico State Statutes, Article 8 Owner Resident Relations. The laws governing landlord tenant relationships in New Mexico set forth the laws and explain the rights and responsibilities of the parties. New Mexico Landlord Tenant Law is also intended “to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico,” according to 47-8-2.
This information is not meant to serve as a substitute for legal advice. If you have questions regarding New Mexico Landlord Tenant Law, or if you believe you may have a case under these statutes, you should seek the advice of a qualified attorney.
It is crucial that landlords have New Mexico Landlord Forms readily available, whether you have one residential rental property or 101 rental properties in New Mexico. There is more to a residential rental agreement besides names of the tenant and landlord and signatures of the parties to the landlord tenant agreement. A residential lease must not contain prohibited language, as set forth in 47-8-17, Unlawful Agreement provision. This provision provides that if a property owner deliberately provides provisions in a written rental agreement that are known to be prohibited by law, the tenant can recover damages from the landlord, along with reasonable attorney fees. Additionally, 47-8-12 Inequitable Agreement Provision indicates that:
A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result.
B. If in equitability is put into issue by a party to the rental agreement, the parties to the rental agreement shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement, or settlement, to aid the court in making determination.
While the language of New Mexico Landlord Tenant Law requires specific wording of the terms of a rental agreement, landlords cannot just opt out of providing a written lease. New Mexico Landlord Tenant Law requires that landlords provide a written lease and that all parties sign the written lease, as provided in 47-8-20. The name, address and telephone number of the landlord and anyone authorized to act on behalf of the landlord must also be contained in the written lease.
Do not take risks by drawing up a vague document that can come back to haunt you later and possibly result in a court ruling against you. New Mexico Landlord Forms provides a written rental agreement that contains all the information you need and allows you to get the tenant’s signature to the rental agreement. You want a professionally prepared rental agreement that will stand up in court should the need arise. When you get your rental agreement with your New Mexico Landlord Forms, the American Apartment Owners Association will provide you with a professionally created written lease that makes terms of the rental agreement clear.
The written rental agreement is just one of the important New Mexico Landlord Forms necessary to you as a landlord. You also need the move in/move out checklist. This allows you and the tenant to agree to the condition of the premises before the tenant moves in and will provide you with documentation regarding the condition of the property upon termination of the tenancy. While you have a responsibility for upkeep of the premises, so does the tenant. Under New Mexico Landlord Tenant Law, tenants have a responsibility to keep the premises in clean and sanitary condition and under 47-8-22 Obligations of Tenant, tenants must also:
F. not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
G. conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors’ peaceful enjoyment of the premises;
H. abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner’s rights or duties; and
I. not knowingly commit or consent to any other person knowingly committing a substantial violation.
As a landlord you have the right to inspect the premises but you are required to let the tenant know in advance. New Mexico Landlord Forms available to you includes the Notice of Entry so that you can give the tenant proper 24 hour minimum notice that you plan to enter the property. Even though you are the landlord, your right of entry is limited to making necessary repairs and improvements and for inspecting the premises. You cannot violate your right of access or harass the tenant.
Other essential New Mexico Landlord Forms includes rent receipts, disposition of the security deposit, addendum to the rental agreement, extension of lease, notice of change of terms in tenancy, past due rent notification, notice to pay rent or quit, notice of termination of tenancy and the mold addendum. There are additional New Mexico Landlord Forms available to you that are essential throughout every tenancy.
The American Apartment Owners Association provides landlord forms nationwide. Looking for a state other than New Mexico? Visit our State Specific Landlord Forms page to learn more.