A New Mexico Rental Application is a convenient tool that simplifies gathering information from potential tenants, aiding decision-making before offering a lease agreement. It is essential to ensure that the necessary information is collected while respecting the rights of the applicants.
State Laws
Below is essential information about New Mexico rental law, covering application fees, security deposits, pet policies, and compliance with the Federal Fair Housing Act and the New Mexico Human Rights Act for landlords.
For Tenants
Property owners must be aware of the rights of their renters. Some of the essential points to keep in mind regarding New Mexico rental law include the following [1] :
- 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 [2] .
- Pets: New Mexico does not have laws regarding pet deposits, but federal law mandates that landlords accommodate tenants who require service animal assistance.
For Landlords
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 and if the owner will live in the building they are 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 [3] .
However, they cannot ask questions about any areas covered by the other protected classes above.
The State Sex Offender Registry may also be required.
Sample
We have a sample New Mexico rental application template you can use to ensure you include all the required questions.
