How To Draft a New Mexico Lease Agreement

Standardized Legal Documents How To Draft a New Mexico Lease Agreement

A Rundown on the New Mexico Lease Agreement 

Leasing a property in New Mexico requires a solid contract to prevent miscommunication and disputes between the owner and the renter. 

Unfortunately, not everyone is proficient in writing legal documents because of the lack of legal knowledge. The primary goal of this article is to highlight the essentials of the New Mexico lease agreement and teach you how to write it without a lawyer. We will show you how to do it in record time and with zero fuss!

Why Do You Need a Lease Agreement in New Mexico?

A residential lease agreement is a legal document validating a verbal deal between a property owner (lessor) and a lessee, a person who rents the residence. By creating such a contract, the property owner confirms they allow the renter to occupy their house or apartment in return for money. 

The rental period is usually fixed. In most cases, the lessee rents the space for six months or more. For people who believe a short-term or month-to-month contract is more convenient for their situation, rental agreements are a better solution.

The document states all the regulations the parties agree upon and formalizes them, consequently protecting both entities’ rights. 

How Difficult Is It To Draw Up a New Mexico Lease Agreement?

New Mexico laws recommend written lease agreements, as it’s almost impossible to prove an oral agreement in court in case of rule violations or any other incidents that require a lawsuit. 

Writing this legal document isn’t easy because you must provide an abundance of information. If you want to draft a lease contract yourself, make sure to add all the relevant details to the document. Each clause needs to comply with Sections 47-8-1 through 47-8-2 of New Mexico Statutes, regulating landlord-tenant relationships in the state.

Here are the details every lease agreement in New Mexico should contain:

  1. Names of the landlord and tenant
  2. Full address of the leased property
  3. Type of residence
  4. Lease duration—start and end date
  5. Number of bedrooms and bathrooms
  6. General condition of the habitable premises
  7. Availability of appliances and furniture
  8. Rent details, including the amount, payment schedule, and payment method
  9. Security deposit—according to state laws, the landlord can’t take a security deposit that exceeds the amount of one monthly rent installment, and they need to return it to the tenant within 30 days after the lease ends
  10. Potential damages and necessary repairs
  11. Parking spot availability
  12. Utilities
  13. Violation of the rules
  14. Pet and smoking policy
  15. Applicable laws
  16. Both parties’ signatures

Other recommended clauses include:

  • Move-in checklist
  • Bed bug disclosure
  • Asbestos disclosure
  • Mold disclosure
  • Medical marijuana use

Are There Mandatory Disclosures Required by New Mexico Laws?

According to New Mexico Statutes, most lease agreements in this state must include the following terms:

  1. Identity disclosure—The landlord must provide the names of the authorized individuals who can act in his/her name
  2. Late fees disclosure—This section states that if the tenant doesn’t pay their rent on time, they will be charged an additional fee. State laws don’t allow landlords to set a fee that exceeds 10% of the overdue rent amount
  3. Lead-based paint disclosure—The landlord must notify the tenant about the possible presence of lead-based paint in the building if it was constructed before 1978

Do You Have To Notarize a Lease Agreement in New Mexico?

The state doesn’t mandate the lease agreement notarization. The parties involved can do it if they want a higher legal security level. It’s enough to sign the document along with the other concerned party to make it valid.

How Can DoNotPay Help With Your Contracts?

If you have trouble creating your lease agreement or don’t want to take any chances, DoNotPay comes to save the day! With our customizable legal templates, you can generate a state-specific lease contract in a few taps. 

You don’t need to go through complicated procedures:

  1. Log in to DoNotPay in any web browser
  2. Locate the desired document in our database
  3. Enter a few essential details

You will get a personalized version of the document as soon as we receive your information. Once you and the other party sign it, it becomes legally binding. 

Apply this short and simple procedure to other contracts, including:

Learn More From DoNotPay’s Amazing Contract Guides

Our agreement-related service doesn’t end with templates. We also offer super useful articles to help you find out more about other legal documents. Get familiar with numerous contract types by checking out DoNotPay's knowledge base!

You can find some practical advice in our guides to:

Miscellaneous Contract-Related GuidesState-Specific Residential Lease Contract Guides

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