NEW MEXICO RESIDENTIAL LEASE AGREEMENT

This Residential Lease Agreement (this "Agreement") is made on [[Agreement Date]] by and between [[Landlord Full Legal Name(s)]] ("Landlord") and [[Tenant Full Legal Name(s)]] (jointly and severally, "Tenant"). Landlord and Tenant agree as follows., -

1. Definitions

"Premises" means the dwelling unit and any furnishings, parking, storage, or other areas identified in Section 2. "Rent" means all amounts payable under this Agreement. "Lease Term" means the period described in Section 3. Words importing the singular include the plural and vice versa. "Owner" and "Landlord" are used interchangeably. "Resident" and "Tenant" are used interchangeably., -

2. Premises; Parking; Storage; Furnishings

Landlord leases to Tenant the residential premises located at [[Property Full Street Address, including Unit if applicable]], [[City]], New Mexico [[ZIP Code]] (the "Premises").

Assigned parking: [[Parking Space(s) Description or None]].

Storage: [[Storage Area Description or None]].

Furnishings and appliances included: [[List of Furnishings and Appliances Included or "None beyond standard fixtures"]].

Tenant has examined the Premises and accepts it in its current condition except as noted on any Move-In Inventory & Condition Checklist attached as Exhibit A. The Premises shall be used solely as a private residence for Tenant and the permitted occupants listed in this Agreement., -

3. Term; Possession

The Lease Term is [[Lease Term Description, e.g., 12 months / month-to-month]], beginning on [[Lease Start / Move-in Date]] and ending on [[Lease End Date or "month-to-month thereafter"]], unless sooner terminated or extended as provided in this Agreement.

If Landlord is unable to deliver possession on the start date, Rent shall abate until possession is delivered. If possession is not delivered within [[Possession Delay Cap, e.g., 10]] days after the start date, Tenant may terminate this Agreement and receive a full refund of any prepaid amounts.

Holding over after the end of the Term without Landlord's written consent shall be governed by Section 27., -

4. Rent; Payment

Tenant shall pay monthly Rent in the amount of [[Monthly Rent Amount]], due in advance on the [[Rent Due Day of Month, e.g., 1st]] day of each month, without offset, deduction, or demand.

Payment shall be made to Landlord by [[Accepted Payment Methods, e.g., personal check, cashier's check, electronic funds transfer, or online portal]] at [[Payment Address or Instructions]].

If the Term begins on a day other than the first of the month, the first month's Rent shall be prorated on a 30-day basis. Acceptance of a partial or late payment is not a waiver of any default., -

5. Late Charges; Returned Payments

Rent is late if not received by Landlord on or before the due date (or within any grace period stated below). Tenant shall pay a late charge of [[Late Fee Description, e.g., $50 or 5% of monthly rent, whichever is less, or reasonable amount]] for each late payment.

Late fees must be reasonable. Landlord shall provide written notice of the late fee policy. A fee of [[NSF / Returned Payment Fee Amount]] applies to any returned or dishonored payment.

No statutory grace period is required under New Mexico law, but any grace period or late fee terms must be in writing in this Agreement., -

6. Security Deposit

Upon execution of this Agreement, Tenant shall pay a security deposit in the amount of [[Security Deposit Amount]].

Under the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978 § 47-8-18):

• For month-to-month tenancies, the security deposit shall not exceed one (1) month's rent.

• For fixed-term leases of one year or longer, there is no statutory cap on the amount of the security deposit; the amount must be reasonable.

The security deposit secures Tenant's faithful performance of all terms of this Agreement. It may be applied to unpaid Rent, damage to the Premises beyond ordinary wear and tear, and cleaning necessary to return the Premises to the condition at move-in (if required by this Agreement or the move-in checklist).

Landlord shall not require the deposit to be applied as last month's rent unless agreed in writing., -

7. Security Deposit Return

Within thirty (30) days after termination of this Agreement or after Tenant provides a forwarding address (whichever is later), Landlord shall return the security deposit to Tenant together with an itemized written statement of any deductions and the reasons for them.

If Landlord fails to provide the itemized statement and return any balance due within the 30-day period, Landlord forfeits the right to withhold any portion of the deposit and may be subject to penalties, including forfeiture of the right to assert counterclaims and potential liability for double the amount wrongfully withheld plus attorney fees and costs under applicable provisions of the UORRA.

No specific receipt threshold is mandated by statute, but Landlord shall document all deductions with receipts, estimates, or other reasonable evidence., -

8. Utilities and Services

Tenant shall be responsible for payment of the following utilities and services: [[List Tenant-Paid Utilities, e.g., electricity, gas, water, sewer, trash, internet, cable]].

Landlord shall be responsible for payment of: [[List Landlord-Paid Utilities or "None"]].

Tenant shall place all tenant-paid utilities in Tenant's name effective on the Lease Start Date and shall maintain service throughout the Term. Landlord is not liable for interruptions of utility service not within Landlord's reasonable control., -

9. Occupants; Guests

The Premises shall be occupied only by Tenant and the following permitted occupants: [[List All Permitted Occupants or "Tenant only"]].

Any guest staying more than [[Guest Stay Limit, e.g., 14 consecutive days or 30 total days in any calendar year]] without Landlord's prior written consent may be deemed an unauthorized occupant and a breach of this Agreement., -

10. Use; Conduct; Quiet Enjoyment

Tenant shall use the Premises only as a private residence in a lawful manner. Tenant shall not create a nuisance, disturb the quiet enjoyment of neighbors, or violate any applicable laws, ordinances, or HOA rules. Tenant shall comply with all Rules and Regulations attached as Exhibit B or reasonably adopted by Landlord on written notice., -

11. Pets; Assistance Animals

No pets or animals of any kind are permitted on the Premises without Landlord's prior written consent, except for assistance animals required by law.

Pet policy (if consented): [[Pet Policy, e.g., one dog or cat under 40 lbs, additional pet rent of $[[Amount]] per month, pet deposit of $[[Amount]], or "No pets permitted"]].

Tenant is responsible for all damage, noise, waste, or injury caused by any animal on the Premises, whether permitted or not., -

12. Smoking

Smoking of any kind (including cigarettes, cigars, pipes, e-cigarettes, and cannabis where legal) is [[Prohibited / Permitted only in designated outdoor areas / Other policy]] on the Premises.

Tenant is responsible for all damage caused by smoking, including but not limited to odor remediation, carpet replacement, and painting., -

13. Parking; Vehicles

Only operable, registered, and insured vehicles may be parked in assigned spaces. Inoperable vehicles, vehicles without current registration, or vehicles blocking access or fire lanes may be towed at the owner's expense after any notice required by law or this Agreement.

Parking rules: [[Parking and Towing Rules or "As posted or assigned"]]., -

14. Maintenance, Landlord Obligations

Landlord shall maintain the Premises in a fit and habitable condition as required by NMSA 1978 § 47-8-20 and applicable building and housing codes. Landlord shall:

1. Comply with all applicable building and housing codes materially affecting health and safety.

2. Make all necessary repairs to keep the Premises in a habitable condition.

3. Maintain in good and safe working order all electrical, plumbing, heating, ventilating, air-conditioning, and other facilities and appliances supplied by Landlord.

4. Supply running water, reasonable amounts of hot water, and reasonable heat (except where the building is not required by law to be equipped for that purpose or the failure is caused by Tenant).

5. Exercise reasonable care to keep common areas of the premises in a safe and sanitary condition., -

15. Maintenance, Tenant Obligations

Tenant shall:

1. Keep the Premises clean, sanitary, and safe.

2. Dispose of all rubbish, garbage, and other waste in a clean and sanitary manner.

3. Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in the Premises.

4. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the Premises.

5. Comply with all obligations imposed upon tenants by applicable building and housing codes.

6. Replace HVAC filters, light bulbs, and smoke/CO detector batteries as needed.

7. Promptly notify Landlord in writing of any needed repairs or conditions requiring Landlord's attention.

Tenant shall be responsible for the cost of repairing damage caused by Tenant's misuse, neglect, or that of Tenant's guests or occupants., -

16. Repair Requests and Emergencies

Routine repair requests shall be submitted in writing to [[Landlord or Property Manager Contact Method, e.g., email, portal, phone for emergencies]].

For emergencies that threaten life, health, or significant property damage (e.g., major water leak, gas smell, no heat in winter, electrical hazard), Tenant shall immediately contact Landlord at the emergency number [[Emergency Contact Phone]] and take reasonable steps to mitigate damage.

Landlord shall make repairs within a reasonable time after receiving proper notice., -

17. Alterations; Fixtures; Locks

Tenant shall not make any alterations, additions, or improvements to the Premises, paint, install fixtures or equipment (including satellite dishes), or change or add locks without Landlord's prior written consent.

All improvements and fixtures installed by Tenant with consent shall become Landlord's property upon installation unless otherwise agreed in writing. Tenant shall provide Landlord with a key or access device for any changed lock., -

18. Landlord's Right of Entry

Landlord may enter the Premises under the following circumstances:

1. In case of emergency, including fire, flood, or suspected criminal activity, without notice.

2. To make necessary or agreed repairs, decorations, alterations, or improvements, supply necessary or agreed services, or exhibit the Premises to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.

3. To supply services or show the Premises to prospective tenants during the final 30 days of the tenancy.

4. To inspect the Premises for compliance with the Agreement or law.

Except in cases of emergency, Landlord shall give Tenant at least twenty-four (24) hours' written notice of the intent to enter, specifying the date, approximate time, and purpose of entry. Entry shall occur during reasonable hours (generally between 8:00 a.m. and 6:00 p.m.) unless Tenant agrees otherwise. Tenant shall not unreasonably withhold consent to Landlord's entry for lawful purposes., -

19. Renter's Insurance

Tenant shall maintain renter's insurance with personal liability coverage of at least [[Minimum Liability Coverage, e.g., $100,000]] throughout the Lease Term and shall provide proof of insurance to Landlord upon request.

Landlord's insurance does not cover Tenant's personal property or liability. Each party waives subrogation rights against the other to the extent covered by insurance., -

20. Liability; Indemnity

Except to the extent caused by Landlord's negligence or willful misconduct or violation of law, Tenant assumes all risk of loss or damage to Tenant's property and shall indemnify, defend, and hold Landlord harmless from and against any claims, damages, or liabilities arising from Tenant's use or occupancy of the Premises or the acts or omissions of Tenant, Tenant's occupants, or guests., -

21. Assignment and Subletting

Tenant shall not assign this Agreement or sublet the Premises or any part thereof without Landlord's prior written consent.

Subletting is permitted only if this Agreement or a separate written consent expressly allows it. If consent is granted, Sublessee shall be bound by all terms of this Agreement and the Master Lease (if any), and Tenant (Sublessor) shall remain fully liable to Landlord for all obligations under this Agreement., -

22. Rules and Regulations; HOA

Tenant shall comply with Landlord's written Rules and Regulations (Exhibit B) and any applicable homeowners' or condominium association rules. Landlord may adopt or amend reasonable Rules on at least 30 days' written notice to Tenant, except in emergencies., -

23. Damage or Destruction (Casualty)

If the Premises is damaged by fire or other casualty not caused by Tenant or Tenant's guests and is rendered partially or wholly uninhabitable, Rent shall abate in proportion to the loss of use. Landlord shall repair the damage with reasonable diligence.

If the Premises cannot reasonably be restored within [[Casualty Repair Period, e.g., 60]] days, either party may terminate this Agreement by written notice. Tenant shall receive a prorated refund of any prepaid Rent., -

24. Condemnation

If all or a material portion of the Premises is taken by eminent domain or condemnation, this Agreement shall terminate as of the date title vests in the condemning authority. Rent shall be prorated to that date. Tenant may pursue any separate claim for moving expenses or other compensation permitted by law. The award for the real property belongs to Landlord., -

25. Default by Tenant; Remedies

Tenant shall be in default if Tenant:

1. Fails to pay Rent when due and does not cure within any applicable notice period.

2. Violates any other material term of this Agreement and fails to cure within the time required by this Agreement or law after written notice specifying the breach.

Upon default, Landlord may serve the appropriate notice under New Mexico law (including 3-day pay-or-quit notices for nonpayment where applicable) and pursue all remedies available, including termination of the tenancy, recovery of possession, recovery of unpaid Rent, damages, and costs.

Landlord shall not engage in self-help eviction (changing locks, shutting off utilities, or removing property) except as expressly authorized by law.

After termination, Tenant remains liable for Rent for the balance of the Term, subject to Landlord's duty to mitigate by making reasonable efforts to re-rent., -

26. Default by Landlord; Tenant's Remedies

If Landlord materially breaches this Agreement (including failure to maintain habitability under § 47-8-20) and fails to cure within the time required by law after written notice, Tenant may:

1. Terminate this Agreement and recover prepaid amounts and the security deposit (less lawful deductions).

2. Recover actual damages, including the difference in rent for substitute housing and moving costs.

3. Seek injunctive relief or other remedies under the UORRA, including rent abatement or repair-and-deduct in limited circumstances permitted by law., -

27. Holdover

If Tenant remains in possession after the expiration or termination of this Agreement without Landlord's written consent, Tenant shall become a holdover tenant. Landlord may treat the tenancy as month-to-month or pursue eviction and damages, including holdover rent at [[Holdover Rate, e.g., 150% of monthly rent or market rate]] plus actual damages., -

28. Surrender; Move-Out

Upon termination of the tenancy, Tenant shall:

1. Remove all personal property and debris.

2. Return all keys, access devices, garage openers, and remotes.

3. Leave the Premises clean and in the same condition as at move-in, ordinary wear and tear excepted (as documented by the move-in checklist).

4. Provide Landlord with a written forwarding address for the security deposit accounting.

Failure to provide a forwarding address extends the 30-day deposit return clock until the address is provided., -

29. Notices

All notices under this Agreement shall be in writing and delivered personally, by certified mail, or by other method permitted by law to the addresses set forth below or such other addresses as the parties designate in writing.

Notices to Tenant may be delivered to the Premises.

Notices to Landlord shall be sent to: [[Landlord Notice Address and Contact Method]].

To terminate a month-to-month tenancy, the terminating party must give written notice of at least 30 days (or as otherwise required by the Agreement or law)., -

30. Waiver; Non-Waiver

No delay or failure by Landlord to enforce any term of this Agreement shall constitute a waiver. A waiver of one breach shall not constitute a waiver of any subsequent or different breach. Any waiver must be in writing and signed by the waiving party., -

31. Severability

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect., -

32. Time of Essence

Time is of the essence with respect to all obligations under this Agreement., -

33. Entire Agreement; Amendments; Electronic Signatures

This Agreement, together with all exhibits and addenda, constitutes the entire agreement between the parties and supersedes all prior negotiations and agreements. It may be modified only by a written instrument signed by both parties. This Agreement may be executed in counterparts and signed electronically., -

34. Governing Law; Venue

This Agreement shall be governed by the laws of the State of New Mexico, specifically including the Uniform Owner-Resident Relations Act (NMSA 1978 § 47-8-1 et seq.). Venue for any action shall lie in the county where the Premises is located., -

35. Attorneys' Fees and Costs

In any action or proceeding arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs as permitted by New Mexico law., -

36. Joint and Several Liability

If more than one person signs this Agreement as Tenant, each is jointly and severally liable for all obligations under this Agreement., -

37. Servicemembers Civil Relief Act (SCRA)

A Tenant who is a servicemember may terminate this Agreement upon entering military service or receiving qualifying orders, upon written notice and a copy of the orders, as provided by the federal Servicemembers Civil Relief Act (50 U.S.C. § 3955) and applicable New Mexico law., -

38. Domestic Violence Protections

A Tenant who is a victim of domestic violence, dating violence, sexual assault, or stalking may have rights to early termination or other protections under applicable federal and New Mexico law upon providing the required documentation to Landlord., -

39. Lead-Based Paint Disclosure (Pre-1978)

If the Premises was built before 1978, the federal lead-based paint disclosure and pamphlet requirements apply (42 U.S.C. § 4852d). Landlord has provided or will provide the required disclosures and pamphlet. Tenant has had the opportunity to conduct a risk assessment or inspection for lead hazards (10-day period unless waived).

☐ Built on or after 1978, lead disclosure not applicable.

☐ Built before 1978, lead disclosure addendum attached or provided separately., -

40. Other Required Disclosures

Landlord discloses or attaches:

• Any known presence of mold or conditions conducive to mold: [[Mold Disclosure or "Landlord has no actual knowledge of current mold issues"]].

• Bed bug information pamphlet or notice as required by applicable law or policy.

• Any known death on the Premises within the prior three years (if material): [[Death Disclosure or "None known"]].

• Flood hazard or insurance information if applicable: [[Flood Information]].

• Any other disclosures required by New Mexico or federal law., -

41. Addenda and Exhibits

The following are attached and incorporated:

Exhibit A: Move-In / Move-Out Inventory & Condition Checklist

Exhibit B: Rules and Regulations

Exhibit C: Lead-Based Paint Disclosure (if pre-1978)

Exhibit D: Security Deposit Itemization Form (sample)

Exhibit E: Additional Addenda: [[List or "None"]], -

42. Signatures

LANDLORD

Signature: ___________________________________________ Date: [[Date]]

Printed Name / Title: [[Landlord Full Legal Name(s) or Entity and Signatory Title]]

TENANT

Signature: ___________________________________________ Date: [[Date]]

Printed Name: [[Tenant Full Legal Name(s)]]

Signature: ___________________________________________ Date: [[Date]]

Printed Name: [[Additional Tenant Full Legal Name]]

GUARANTOR (if any)

The undersigned Guarantor personally guarantees Tenant's performance of all obligations under this Agreement.

Signature: ___________________________________________ Date: [[Date]]

Printed Name: [[Guarantor Full Legal Name]], -

> ⚠️ Template example, not professional (legal/financial/medical) advice. This is a sample form only. Statutory provisions are drawn from the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978 §§ 47-8-1 et seq.), including § 47-8-18 (deposits), § 47-8-20 (landlord obligations), § 47-8-24 (entry), and related sections. Lead-based paint rules are federal. Verify all terms against current New Mexico statutes, local ordinances, and the specific facts of the tenancy. Consult qualified New Mexico counsel. As of June 2026., -

New Mexico-specific summary (for reference): Security deposit return deadline is 30 days after lease termination or receipt of forwarding address, whichever is later. For month-to-month rentals the deposit is capped at one month's rent. Entry for non-emergencies requires 24 hours' written notice. Landlord must maintain habitable premises. Late fees must be reasonable and disclosed in writing. Written rental agreements are required. Lead disclosure is mandatory for pre-1978 housing.