Fillable New Mexico Standard Residential Lease Agreement Template

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New Mexico Standard Residential Lease Agreement Template

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NEW MEXICO LEASE AGREEMENT

This Agreement is between _______________________ [Landlord’s Name] of

_______________________ [Street Address] in the City of _______________________, State

of New Mexico hereinafter known as the "Landlord"

AND

_______________________, _______________________, _______________________,

hereinafter known as the "Tenant(s)" agree to the following:

OCCUPANT(S): The Premises is to be occupied strictly as a residential dwelling with the

following individual(s) in addition to the Tenant(s):

_______________________, _______________________, _______________________,

hereinafter known as the "Occupant(s)".

OFFER TO RENT: The Landlord hereby rents to the Tenant(s), subject to the following terms

and conditions of this Agreement, a _______________________ [Type of residence such as:

Apartment, Home, Condo, etc.] with the following mailing address _______________________

[Street Address] in the City of _______________________, State of ______________________

consisting of ____ Bathrooms and ____ Bedroom(s) hereinafter known as the "Premises".

PURPOSE: The Tenant(s) and any Occupant(s) may only use the Premises as a residential

dwelling. It may not be used for storage, the manufacturing of any type of food or product, a

professional service(s), or for any commercial use unless otherwise stated in this Agreement.

FURNISHINGS: The Premises is:

☐ - To be furnished with the following items: ________________________________________

______________________________________________________________________________

with all other furnishings needed to be provided by the Tenant(s). Any damage to the Landlord's

furnishings shall be the liability of the Tenant(s), reasonable wear-and-tear excepted, to be billed

directly or less the Security Deposit.

☐ - Not furnished.

APPLIANCES: The Landlord shall:

☐ - Provide the following appliances in the Premises for the use of the Tenant(s): ___________

_____________________________________________________________________________

Any damage to the Landlord's appliances shall be the liability of the Tenant(s), reasonable wear-

and-tear excepted, to be billed directly or less the Security Deposit.

☐ - Not provide any appliances on the Premises.

LEASE TERM: This Agreement shall begin on the ___ day of _______________, 20___ and

end on the ___ day of _______________, 20___ hereinafter known as the “Lease Term”.

RENT: The Tenant(s) shall pay the Landlord in equal monthly installments of

$_________________ (US Dollars) hereinafter known as the "Rent". The Rent will be due on

the ___ of every month and paid via the following instructions: __________________________

_____________________________________________________________________________

NON-SUFFICIENT FUNDS (NSF CHECKS): If the Tenant(s) pays the Rent with a check that

is not honored due to insufficient funds (NSF):

☐ - There shall be a fee of $____ (US Dollars) per incident.

☐ - There shall be no fee.

LATE FEE: If Rent is not paid on the Due Date:

☐ - There shall be a penalty of ____________________________________________________

Rent is considered late when it has not been paid ___ days after it is due [if there is no grace

period write “0”].

☐ - There shall be no late fee if rent is late.

FIRST (1ST) MONTH'S RENT: The First (1st) month's rent shall be due by the Tenant(s):

☐ - Upon the execution of this Agreement.

☐ - Upon the first (1

) day of the Lease Term.

PRE-PAYMENT: The Tenant(s) shall:

☐ - Pre-Pay Rent in the amount of $_________________ (US Dollars) for the following time-

period starting on the ___ day of _______________, 20___ and ending on the ___ day of

_______________, 20___. The Pre-Payment of Rent will be due at the execution of this

Agreement.

☐ - Not be required to Pre-Pay Rent.

PRORATION PERIOD: The Tenant(s):

☐ - Will be moving-in to the Premises before the start of the Lease Term on the ___ day of

_______________, 20___ and shall pay $_________________ (US Dollars) which is the Rent

pro-rated on a daily basis which shall be paid by the Tenant(s) upon the execution of this

Agreement.

☐ - Will not be moving-in to the Premises before the Lease Term.

SECURITY DEPOSIT: A Security Deposit in the amount of $_________________ (US

Dollars) shall be required by the Tenant(s) at the execution of this Agreement to the Landlord for

the faithful performance of all the terms and conditions of this Agreement. The Security Deposit

is to be returned to the Tenant(s) within ___ days after the end of the Lease Term less any

damage charges and without interest. This Security Deposit shall not be credited towards rent

unless the Landlord gives their written consent.

POSSESSION: Tenant(s) has examined the condition of the Premises and by taking possession

acknowledges that they have accepted the Premises in good order and in its current condition

except as herein otherwise stated. Failure of the Landlord to deliver possession of the Premises at

the start of the Lease Term to the Tenant(s) shall terminate this Agreement at the option of the

Tenant(s). Furthermore, under such failure to deliver possession by the Landlord, and if the

Tenant(s) cancels this Agreement, the Security Deposit (if any) shall be returned to the Tenant(s)

along with any other pre-paid rent, fees, including if the Tenant(s) paid a fee during the

application process before the execution of this Agreement.

ACCESS: Upon the beginning of the Proration Period or the start of the Lease Term,

whichever is earlier, the Landlord agrees to give access to the Tenant(s) in the form of keys,

fobs, cards, or any type of keyless security entry as needed to enter the common areas and the

Premises. Duplicate copies of the access provided may only be authorized under the consent of

the Landlord and, if any replacements are needed, the Landlord may provide them for a fee. At

the end of this Agreement all access provided to the Tenant(s) shall be returned to the Landlord

or a fee will be charged to the Tenant(s) or the fee will be subtracted from the Security Deposit.

MOVE-IN INSPECTION: Before, at the time of the Tenant(s) accepting possession, or shortly

thereafter, the Landlord and Tenant(s):

☐ - Agree to inspect the Premises and write any present damages or needed repairs on a move-in

checklist.

☐ - Agree to not inspect the Premises.

SUBLETTING: The Tenant(s) shall not be able to sublet the Premises without the written

consent from the Landlord. The consent by the Landlord to one subtenant shall not be deemed to

be consent to any subsequent subtenant.

ABANDONMENT: If the Tenant(s) vacates or abandons the property for a time-period that is

the minimum set by State law or seven (7) days, whichever is less, the Landlord shall have the

right to terminate this Agreement immediately and remove all belongings including any personal

property off of the Premises. If the Tenant(s) vacates or abandons the property, the Landlord

shall immediately have the right to terminate this Agreement.

ASSSIGNMENT: Tenant(s) shall not assign this Lease without the prior written consent of the

Landlord. The consent by the Landlord to one assignment shall not be deemed to be consent to

any subsequent assignment.

PARKING: The Landlord:

☐ - Shall provide ___ parking space(s) to the Tenant(s) for a fee of $_____ (US Dollars) to be

paid ☐ at the execution of this Agreement ☐ on a monthly basis in addition to the rent. The

parking space(s) are described as: __________________________________________________.

☐ - Shall not provide parking.

RIGHT OF ENTRY: The Landlord shall have the right to enter the Premises during normal

working hours by providing at least twenty-four (24) hours notice in order for inspection, make

necessary repairs, alterations or improvements, to supply services as agreed or for any reasonable

purpose. The Landlord may exhibit the Premises to prospective purchasers, mortgagees, or

lessees upon reasonable notice.

SALE OF PROPERTY: If the Premises is sold, the Tenant(s) is to be notified of the new

Owner, and if there is a new Manager, their contact details for repairs and maintenance shall be

forwarded. If the Premises is conveyed to another party, the new owner:

☐ - Has the right to terminate this Agreement by providing ___ days’ notice to the Tenant(s).

☐ - Does not have the right to terminate this Agreement.

UTILITIES: The Landlord shall provide the following utilities and services to the Tenant(s):

_____________________________________________________________________________

Any other utilities or services not mentioned will be the responsibility of the Tenant(s).

MAINTENANCE, REPAIRS, OR ALTERATIONS: The Tenant(s) shall, at their own

expense and at all times, maintain premises in a clean and sanitary manner, and shall surrender

the same at termination hereof, in as good condition as received, normal wear and tear excepted.

The Tenant(s) may not make any alterations to the leased premises without the consent in writing

of the Landlord. The Landlord shall be responsible for repairs to the interior and exterior of the

building. If the Premises includes a washer, dryer, freezer, dehumidifier unit and/or air

conditioning unit, the Landlord makes no warranty as to the repair or replacement of units if one

or all shall fail to operate. The Landlord will place fresh batteries in all battery-operated smoke

detectors when the Tenant(s) moves into the premises. After the initial placement of the fresh

batteries it is the responsibility of the Tenant(s) to replace batteries when needed. A monthly

"cursory" inspection may be required for all fire extinguishers to make sure they are fully

charged.

EARLY TERMINATION: The Tenant(s):

☐ - Shall have the right to terminate this Agreement at anytime by providing at least ___ days’

written notice to the Landlord along with an early termination fee of $___________ (US

Dollars). During the notice period for termination the Tenant(s) will remain responsible for the

payment of rent.

☐ - Shall not have the right to terminate this Agreement.

PETS: The Tenant(s):

☐ - Shall have the right to ___ [# of Pets] pet(s) on the Premises consisting of ______________

_________________________________________________________ [Types of Pets Allowed]

that are not to weigh over ___ pounds. For the right to have pet(s) on the Premises the Landlord

shall charge a fee of $___________ (US Dollars) that is ☐ refundable unless there are damages

related to the pet ☐ non-refundable. The Tenant(s) is responsible for all damage that any

pet causes, regardless of ownership of said pet and agrees to restore the property to its original

condition at their expense.

☐ - Shall not have the right to have pets on the Premises or in the common areas.

NOISE/WASTE: The Tenant(s) agrees not to commit waste on the premises, maintain, or

permit to be maintained, a nuisance thereon, or use, or permit the premises to be used, in an

unlawful manner. The Tenant(s) further agrees to abide by any and all local, county, and

State noise ordinances.

GUESTS: There shall be no other persons living on the Premises other than the Tenant(s) and

any Occupant(s). Guests of the Tenant(s) are allowed for periods not lasting for more than 48

hours unless otherwise approved by the Landlord in writing.

SMOKING POLICY: Smoking on the Premises is:

☐ - Permitted in the following areas: _______________________________________________

☐ - Prohibited on the Premises and Common Areas.

COMPLIANCE WITH LAW: The Tenant(s) agrees that during the term of the Agreement, to

promptly comply with any present and future laws, ordinances, orders, rules, regulations, and

requirements of the Federal, State, County, City, and Municipal government or any of their

departments, bureaus, boards, commissions and officials thereof with respect to the premises, or

the use or occupancy thereof, whether said compliance shall be ordered or directed to or against

the Tenant(s), the Landlord, or both.

DEFAULT: If the Tenant(s) fails to comply with any of the financial or material provisions of

this Agreement, or of any present rules and regulations or any that may be hereafter prescribed

by the Landlord, or materially fails to comply with any duties imposed on the Tenant(s) by

statute or State laws, within the time period after delivery of written notice by the Landlord

specifying the non-compliance and indicating the intention of the Landlord to terminate the

Agreement by reason thereof, the Landlord may terminate this Agreement. If the Tenant(s) fails

to pay rent when due and the default continues for the time-period specified in the written notice

thereafter, the Landlord may, at their option, declare the entire balance (compiling all months

applicable to this Agreement) of rent payable hereunder to be immediately due and payable and

may exercise any and all rights and remedies available to the Landlord at law or in equity and

may immediately terminate this Agreement.

The Tenant(s) will be in default if: (a) Tenant(s) does not pay rent or other amounts that are

owed; (b) Tenant(s), their guests, or the Occupant(s) violate this Agreement, rules, or fire, safety,

health, or criminal laws, regardless of whether arrest or conviction occurs; (c) Tenant(s)

abandons the Premises; (d) Tenant(s) gives incorrect or false information in the rental

application; (e) Tenant(s), or any Occupant(s) is arrested, convicted, or given deferred

adjudication for a criminal offense involving actual or potential physical harm to a person, or

involving possession, manufacture, or delivery of a controlled substance, marijuana, or drug

paraphernalia under state statute; (f) any illegal drugs or paraphernalia are found in the Premises

or on the person of the Tenant(s), guests, or Occupant(s) while on the Premises and/or; (g) as

otherwise allowed by law.

MULTIPLE TENANT(S) OR OCCUPANT(S): Each individual that is considered a Tenant(s)

is jointly and individually liable for all of this Agreement's obligations, including but not limited

to rent monies. If any Tenant(s), guest, or Occupant(s) violates this Agreement, the Tenant(s) is

considered to have violated this Agreement. Landlord’s requests and notices to the Tenant(s) or

any of the Occupant(s) of legal age constitutes notice to the Tenant(s). Notices and requests from

the Tenant(s) or any one of the Occupant(s) (including repair requests and entry permissions)

constitutes notice from the Tenant(s). In eviction suits, the Tenant(s) is considered the agent of

the Premise for the service of process.

DISPUTES: If a dispute arises during or after the term of this Agreement between the

Landlord and Tenant(s), they shall agree to hold negotiations amongst themselves, in "good

faith", before any litigation.

SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any

reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement

nor the application of the provision to other persons, entities or circumstances shall be affected

thereby, but instead shall be enforced to the maximum extent permitted by law.

SURRENDER OF PREMISES: The Tenant(s) has surrendered the Premises when (a) the

move-out date has passed and no one is living in the Premise within the Landlord’s reasonable

judgment; or (b) Access to the Premise have been turned in to Landlord – whichever comes first.

Upon the expiration of the term hereof, the Tenant(s) shall surrender the Premise in better or

equal condition as it were at the commencement of this Agreement, reasonable use, wear and

tear thereof, and damages by the elements excepted.

RETALIATION: The Landlord is prohibited from making any type of retaliatory acts against

the Tenant(s) including but not limited to restricting access to the Premises, decreasing or

cancelling services or utilities, failure to repair appliances or fixtures, or any other type of act

that could be considered unjustified.

WAIVER: A Waiver by the Landlord for a breach of any covenant or duty by the Tenant(s),

under this Agreement is not a waiver for a breach of any other covenant or duty by the Tenant(s),

or of any subsequent breach of the same covenant or duty. No provision of this Agreement shall

be considered waived unless such a waiver shall be expressed in writing as a formal amendment

to this Agreement and executed by the Tenant(s) and Landlord.

EQUAL HOUSING: If the Tenant(s) possesses any mental or physical impairment, the

Landlord shall provide reasonable modifications to the Premises unless the modifications would

be too difficult or expensive for the Landlord to provide. Any impairment(s) of the Tenant(s) are

encouraged to be provided and presented to the Landlord in writing in order to seek the most

appropriate route for providing the modifications to the Premises.

HAZARDOUS MATERIALS: The Tenant(s) agrees to not possess any type of personal

property that could be considered a fire hazard such as a substance having flammable or

explosive characteristics on the Premises. Items that are prohibited to be brought into the

Premises, other than for everyday cooking or the need of an appliance, includes but is not limited

to gas (compressed), gasoline, fuel, propane, kerosene, motor oil, fireworks, or any other related

content in the form of a liquid, solid, or gas.

WATERBEDS: The Tenant(s):

☐ - Shall have the right to use a waterbed on the Premises.

☐ - Shall not have the right to use a waterbed on the Premises.

INDEMNIFICATION: The Landlord shall not be liable for any damage or injury to the

Tenant(s), or any other person, or to any property, occurring on the Premises, or any part thereof,

or in common areas thereof, and the Tenant(s) agrees to hold the Landlord harmless from any

claims or damages unless caused solely by the Landlord's negligence. It is recommended that

renter's insurance be purchased at the Tenant(s)'s expense.

COVENANTS: The covenants and conditions herein contained shall apply to and bind the heirs,

legal representatives, and assigns of the parties hereto, and all covenants are to be construed as

conditions of this Agreement.

NOTICES: Any notice to be sent by the Landlord or the Tenant(s) to each other shall use the

following mailing addresses:

Landlord's or Agent's Mailing Address

______________________________________________________________________________

Tenant(s)'s Mailing Address

_____________________________________________________________________________

AGENT/MANAGER:

☐ - The Landlord has a manager on the Premises that can be contacted through the following for

maintenance or repairs: Telephone ______________ E-Mail _____________________________

☐ - The Landlord does not have a manager on the Premises although the Landlord can be

contacted for any maintenance or repair at: Telephone ______________

E-Mail _____________________________

PREMISES DEEMED UNINHABITABLE: If the Property is deemed uninhabitable due to

damage beyond reasonable repair the Tenant(s) will be able to terminate this Agreement by

written notice to the Landlord. If said damage was due to the negligence of the Tenant(s), the

Tenant(s) shall be liable to the Landlord for all repairs and for the loss of income due to restoring

the Premises back to a livable condition in addition to any other losses that can be proved by the

Landlord.

LEAD PAINT:

☐ - The Premises was built prior to 1978 and there is an attachment titled the ‘Lead-Based Paint

Disclosure’ that must be initialed and signed by the Landlord and Tenant(s).

☐ - The Premises was not built prior to 1978.

GOVERNING LAW: This Agreement is to be governed under the laws located in the State of

New Mexico.

ADDITIONAL TERMS AND CONDITIONS: ______________________________________

______________________________________________________________________________

ENTIRE AGREEMENT: This Agreement contains all the terms agreed to by the parties

relating to its subject matter including any attachments or addendums. This Agreement replaces

all previous discussions, understandings, and oral agreements. The Landlord and Tenant(s) agree

to the terms and conditions and shall be bound until the end of the Lease Term.

The parties have agreed and executed this agreement on the ___ day of _______________,

20___.

Landlord's Signature __________________ Print Name: __________________

Date: _____________