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 is a legal document you need.
A New Mexico sublease acts as an extension of the original lease. The existing terms of the original lease stay in effect and must be followed both by the original tenant (or “sublessor”) and the subtenant. As the original tenant, you remain responsible for all rent payments, damage, and other problems that may occur, even if caused by the subtenant.
To help create a sublease agreement for New Mexico rentals, download our free blanket template and use this article to figure out how to fill it out.
How to Write a New Mexico Sublease Agreement
- Write down the address — Include the full ZIP+4 address of the property you’re subleasing.
- Include rental details — Name the parts of the rental that will be accessible to your subtenants. These spaces include areas like bedrooms and parking spots and furnishings and amenities (like using a laundry machine, for instance).
- Spell out all restrictions — Without contradicting the original lease, list all restrictions regarding pets, smoking, and other pertinent activities. Note that if the original lease doesn’t restrict something like smoking, but you don’t want the subtenant to smoke, you can include this restriction on the sublease.
- Indicate the property type — Define the type of rental property being subleased. Common types include houses, condominiums, and apartments.
- List the dates — Jot down the beginning and end dates of the sublease period. The end date on the sublease can’t go beyond the end date of the original lease.
- Establish the monthly rent — List your subtenants’ portion of the rent and yours. Additionally, note how much each individual owes for utilities and other expenses.
- Add the subtenants’ names — Clearly state the names of all subtenants who will live in the rental.
- Provide your name — Write your name and the name(s) of anyone else listed on the original lease.
- List contact information for everyone involved in the sublease — Include your address (if it’s different from the subleased property), phone number, and email. Make sure the subtenant and the landlord also have such contact information included as well.
- Print the original lease — Attach a copy of the current lease to your sublease agreement. The subtenant needs to follow the rules outlined in the lease and sublease, so providing them a copy is important to ensure they stick to these rules.
New Mexico Sublease Laws
You should check your original lease agreement to see if you can sublet your apartment. It’s recommended that a tenant receive written permission from their landlord before subletting in New Mexico. Once you’ve filled out a New Mexico sublease agreement, you will be responsible for your subtenant and liable for any violations of the original lease.
A sublessor must honor the terms of the sublease agreement (as well as the original lease) and follow all New Mexico laws regarding the eviction process, security deposits, and all other landlord-tenant matters.
New Mexico Landlord-Tenant Laws: Chapter 47 of the New Mexico Statutes (Property Law)
In New Mexico, a sublessor must:
- Give a subtenant three days (3) written notice to pay rent or leave
- Return the security deposit within thirty days (30) of the end of the sublease
- Provide thirty days (30) written notice of your intent not to renew the sublease and/or original lease
New Mexico Sublease FAQs
Can I legally sublet my home in New Mexico?
To find out if you can legally sublet your rental in New Mexico, you must first check the original’s terms. If your landlord didn’t include a sublease clause that forbids subletting of the property, then you’re likely good to go.
Do tenants need to get their landlord’s permission to sublet?
If your landlord didn’t include any information about subletting in the original lease, you could move forward with your New Mexico sublease agreement. You don’t need to get permission from your landlord, but letting them know you intend to sublet is a good idea and helps further establish trust with them. You should write your landlord notice at least 30 days before finalizing the sublease.
Can I change the terms of the original lease for my subtenants?
No, all the original terms in the lease agreement equally apply to your subtenants, and you cannot change them. You can add restrictions, however, by clearly defining each one on your sublease agreement. Such restrictions include barring the subtenant from having pets or smoking on the property.
What are the steps to ending a sublease agreement?
If your subtenants don’t follow the terms of the lease, you have the option to evict them. You will need to provide a 30-day notice that indicates the reason for the eviction and what they can do to fix the problem.
If they don’t attempt to remedy the issue (either by paying their late rent or for the damages they’ve caused), you can serve them an eviction notice. Like a landlord evicting a tenant, you would post this notice on the rental property’s door or by mailing it out.
You will then need to argue your case in court, giving your subtenants a chance to bring up any counterclaims. If you win the case, your subtenants will have to move out.
Do I need to create an agreement for subletting?
Since a sublease agreement is a legally binding contract between you and your subtenants, it’s important to have if things go wrong with your arrangement. A worded sublease agreement can provide the proof and protection you need if anything goes awry during the sublease period.