A New Mexico Rental Application form makes it easier for you to collect information from prospective tenants so you can make a decision before offering a lease agreement.
You must ensure you gather the necessary information without violating the rights of your applicants.
Use our New Mexico rental application template to ensure you ask the right questions, and learn more about local New Mexico rental law below.
New Mexico Rental Law for Tenants
Property owners must be aware of the rights of their renters. Some of the most essential points to keep in mind regarding New Mexico rental law include the following:
- Application Fee: In New Mexico, there is no limit to the application fee that a landlord can charge, but landlords should charge a reasonable amount approximate to the cost of processing the rental application and conducting background checks.
- Security Deposit: A landlord can charge a security deposit in New Mexico. If the rental agreement is less than one year, the security deposit must be at most one month’s rent. If the rental agreement is one year or more, there is no limit to the security deposit that a property owner can charge. However, for deposits that are more than one month’s rent, the landlord must pay the tenant annual interest on the deposit.
- Pets – New Mexico does not have laws regarding pet deposits, but federal law mandates that landlords accommodate tenants who require service animal assistance.
New Mexico Rental Law for Landlords and Property Owners
In New Mexico, property owners must follow the Federal Fair Housing Act and the New Mexico Human Rights Act.
This means that landlords are not allowed to ask questions about the following:
- The gender identity or sexual orientation of the applicants
- The national origin, ancestry, color, or race of the applicants
- Any religious beliefs that the applicants might hold
- The age or marital status of the applicants
- Whether they have a physical or mental disability
There are some exceptions to the protected classes above. For example, the owner can ask whether the applicant has children if the owner will live in the building he or she is renting out.
Furthermore, if the landlord’s property is owned or operated by a religious group or company, they can ask about the applicant’s religious beliefs.
However, they cannot ask questions about any areas covered by the other protected classes above.
Consent for Background Checks
In New Mexico, landlords and property owners must conduct a thorough background check of the potential tenant.
Under the Federal Fair Credit Reporting Act, landlords can only perform this background check after receiving written consent from each applicant.
Our rental application contains this consent statement, or use our standalone background check authorization form.
How To Conduct an Eviction Record Search
- Accept the terms and conditions of the New Mexico Court System website
- Navigate to “Case Lookup”
- Enter the applicant’s information under the “Name Search” tab
If you decide not to offer an applicant a lease contract due to eviction history or another valid reason, send a rental application denial letter explaining the reason or reasons for the rejection.
Other Resources for Landlords
How To Write a Rental Application
There are several steps to follow when writing a New Mexico rental application.
- Always mention the address of the property you are renting out.
- Collect basic contact information from each applicant.
- Ask for permission to conduct a credit check and a background check.
- Collect information about the applicant’s finances and past and current employment.
- Ask for prior rental history and a few references you can contact.
- Ask questions about smoking and pets if you feel this is important for your property.
Sample New Mexico Rental Application Form
We have a sample New Mexico rental application template you can use to ensure you include all the required questions.