A New Mexico sublease agreement allows tenants to rent out part or all of the property they’re already renting to a new person (or “subtenant”). If you’re a tenant looking to sublet your rental, a sublease agreement can help you do so legally.
As the original tenant, you remain responsible for all rent payments, damage, and other problems that may occur, even if caused by the subtenant.
New Mexico doesn’t have a specific statute relating to subletting. Note that if your original lease prohibits subletting, you can’t rent out the property to another tenant. If you’d like to sublet your property, you can ask your landlord.
If you don’t receive a response within 30 days, you can assume they agree and proceed with the new tenancy.
Laws & Requirements
Sublease and Assignment Provision Laws: No.
Landlord-Tenant Laws: New Mexico Statutes Chapter 47, Article 8
Security Deposit Obligations: A sublessor has 30 days from the end of the sublease to return the security deposit with which the subtenant provided them.
Notices: A sublessor should provide a subtenant with three days’ written notice to pay rent or move out. They must also provide 30 days’ written notice if they plan not to renew the sublease or the original lease.
Permission to Sublet
- Laws: New Mexico law does not explicitly address subletting; it depends on the tenant’s lease.
- Explicit Written Consent: If the lease is unclear or silent, it’s best to communicate with the landlord.
- Landlord’s Right to Deny: A landlord can refuse a tenant’s sublet request, but must have a nondiscriminatory and lawful reason.
Tax Obligations
Tax Rates
In New Mexico, a sublessor who sublets a property for 30 days or less may be subject to state, city, and county taxes. For example, in Albuquerque, the applicable taxes may include:
- New Mexico State Gross Receipts Tax: 5.125% [1]
- Local lodging tax such as City of Albuquerque Lodgers’ Tax: 5% [2]
- City of Albuquerque Hospitality Fee: 1%
Some cities require registration or permits for short-term rentals, with costs and processes differing by city.
Sample
Download a New Mexico sublease agreement as a PDF or Word file below:
Related Documents
Rental Application
Evaluate whether a prospective subtenant satisfies your subletting requirements for the property.
