What must a New Mexico landlord disclose to a tenant, and what must the lease say?
New Mexico is one of the few states that compel a written lease: the owner must provide a written rental agreement to each resident before occupancy begins, whatever the term and whatever the size of the building.
Cited to NMSA 1978 § 47-8-8 and 21 more cited sources · Verified September 13, 2026
Before or at the start of the residency the owner must also disclose in writing the name, address and telephone number of both the person who manages the premises and an owner or an agent for service of process, and keep that current. Beyond that the state prescribes almost nothing: no tenant-rights document, no lease wording, no move-in condition report, no flood disclosure and no hazard disclosure of any kind — no lead add-on, mold, bed-bug, radon, methamphetamine or asbestos duty exists. Where a licensed broker manages the property, the broker must attach a copy of the Act to the tenancy agreement, take a written confirmation of receipt and include nine items in the agreement, but that duty runs to the licensee. Fees are the live area: all costs must be itemized in the published listing, a fee increase needs sixty days' notice, and charging fees that are not in the rental agreement is an unfair or deceptive trade practice. Attorney's fees go to the prevailing party in any suit on the agreement or the Act.
New Mexico lease disclosures at a glance
| Which law governs | The Uniform Owner-Resident Relations Act, NMSA 1978 Chapter 47, Article 8, carries the residential rules and applies to every rental agreement for a dwelling unit located in the state, wherever the agreement was made. It is the source of the compulsory written agreement, the owner and manager identity disclosure, the fee-transparency sections added in 2025, the waiver bar and the prevailing-party fee award. Three other bodies of law matter here. The Real Estate Disclosure Act, Article 13 of the same chapter, is a no-duty act that names landlords and leaseholds when it removes the duty to disclose a death, a felony or an occupant's illness. The Unfair Practices Act, Chapter 57 Article 12, supplies the remedy for undisclosed fees, since a 2025 amendment made charging fees that are not in the rental agreement an unfair or deceptive trade practice. And the real-estate licensing rules in Title 16, Chapter 61 of the administrative code carry the state's only prescribed document and its only list of required lease contents, both binding a licensed broker who manages property rather than a landlord. Electronic records and signatures are governed by Chapter 14, Article 16. |
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| Who is covered | The Act reaches every dwelling unit in the state and the term dwelling unit expressly includes a hotel or motel, so the coverage question is about the exemptions rather than about geography. Six arrangements are outside it unless they were created to avoid it: residence at a public or private institution incidental to detention or to medical, geriatric, counseling, religious or educational service where room and board are an entity; occupancy under a contract of sale by the purchaser or a successor; occupancy by a member of a fraternal or social organization in the part of a structure run for the organization; transient occupancy in a hotel or motel; occupancy by an employee under a written rental or employment agreement conditioning the right to occupy on employment about the premises; and occupancy of premises used primarily for agricultural purposes. The Act also reaches mobile home park owners and residents unless the Mobile Home Park Act directly conflicts. Two duties on this page are narrower than all of that: the copy of the Act attached to the tenancy agreement and the nine required lease contents bind only a licensed New Mexico associate broker or qualifying broker engaged in property management, and a renter of a vacation rental is expressly excluded from the copy duty. |
| Written lease, copy and signature rules | Every residential rental agreement must be in writing. The landlord must give the tenant a copy of the lease; the statute sets no day count. New Mexico is one of the few states that compel a written lease: the owner must provide a written rental agreement to each resident before occupancy begins, with no unit count, building type or tenure threshold, and the duty sits in the last subsection of the owner-obligations section rather than in a section of its own. The peg is occupancy, not signature, and the section states no penalty for skipping the writing; a resident enforces it by written notice specifying the breach, followed by rent abatement or termination, with the Act's prevailing-party fee award behind it. There is no separate copy-delivery section and no day count anywhere in the Act, so the duty to provide the agreement before occupancy is the whole of the copy rule. Nothing requires a lease or notice in a language other than English, and the Act prescribes no type size, placement or plain-language format for a lease; the one plain-language command in the Act is about advertised costs, not lease format. Statute of frauds: New Mexico has no statute of frauds in its code. The English Statute of Frauds applies as received common law through section 38-1-3, which makes the common law as recognized in the United States the rule of practice and decision in the state's courts, and no New Mexico statute states a lease term above which a writing is required. The point rarely bites here, because the Uniform Owner-Resident Relations Act already compels a written agreement for every tenancy it covers, whatever its length. Electronic leases and signatures: New Mexico's electronic-transactions act, Chapter 14, Article 16, makes an electronic record satisfy a writing requirement and an electronic signature satisfy a signature requirement, so the compulsory written rental agreement may be electronic. One carve-out matters and is unusually specific: the act does not apply to a notice concerning default, acceleration, repossession, foreclosure, eviction or the right to cure under a rental agreement for an individual's primary residence. The Uniform Owner-Resident Relations Act's own service section does not authorize e-mail either, so those notices travel on paper by hand delivery, mail or posting with a mailing. |
| Owner and agent identity | Yes — a statute requires the landlord to disclose the owner's or managing agent's identity to the tenant, in a separate writing. The owner, or anyone authorized to enter a rental agreement for the owner, must disclose in writing at or before the start of the residency the name, address and telephone number of two people: the person authorized to manage the premises, and an owner of the premises or a person authorized to act for the owner for service of process and for receiving notices and demands. New Mexico is in the minority that require a telephone number as well as a name and address, and it is one of the few that demand both limbs rather than a service-of-process designee alone. The information must be kept current, and the section reaches any successor owner or manager. The statute does not require the disclosure to sit in the lease and offers no posting alternative, so a separate writing satisfies it. The consequences stack and none of them is a money figure. The service-of-process designee becomes the agent of every owner for service of process and for receiving notices and demands; the person named as manager becomes the agent of every owner for performing the owner's obligations under the Act and the rental agreement, which puts the manager on the hook for the owner's duties; and a failure to comply relieves the resident of every notice obligation the Act imposes on residents until the owner complies. Fees and costs are available to a prevailing party in any suit to enforce the Act. There is no threshold, and New Mexico has no statewide landlord or rental-property registration. |
| Required statements and lease text | No general statement or document is prescribed, but the statutes or rules fix some of what the lease must say, listed here. No New Mexico statute requires a landlord to hand over or attach a statement of tenant rights, a summary, a handbook or an agency form, and no statute prescribes any lease wording. The one document duty in the state is administrative and binds a licensee rather than a landlord: a licensed qualifying broker who manages residential property must attach a copy of the Uniform Owner-Resident Relations Act to every written tenancy agreement and take a separate written or electronic confirmation of receipt from each tenant, with vacation rentals excluded. The same rule set is where the only list of required lease contents lives, and it binds the same brokers. Because both duties run to a licensee and not to landlords generally, nothing is prescribed for landlords generally. A second broker rule requires a broker to disclose the broker duties owed to a prospective tenant, including written disclosure of adverse material facts actually known about the property or the transaction, before presenting any document that could become a written agreement, and to take a written acknowledgment; that too is a licensee duty policed by license discipline. No statute prescribes any lease content: the Act says only that the owner and resident may include terms and conditions it does not prohibit (section 47-8-14). Listed, but not a general duty counted above: New Mexico Uniform Owner-Resident Relations Act (copy attached to the tenancy agreement) — a state-prescribed document to be handed over or attached; issued by the New Mexico Real Estate Commission. Where a licensed New Mexico qualifying broker manages the property, the broker must include a copy of the Uniform Owner-Resident Relations Act, in paper or electronic form, with every written residential tenancy agreement, and must obtain separate written or electronic confirmation from each tenant that the tenant received it, keeping that confirmation available to the Real Estate Commission on request. The duty binds the licensed broker, not the landlord, so a landlord who manages the property personally or through an unlicensed employee owes nothing; vacation rentals are expressly carved out. The rule sits under the real-estate licensing law, so the sanction is license discipline by the commission and the rule states no tenant remedy. Listed here because it is a general statement of tenant rights, and not counted because it binds only a licensee. Revision: The document is the text of the Uniform Owner-Resident Relations Act itself, so it carries no edition or revision date of its own and nothing about it is versioned; the rule that requires it was last amended January 1, 2019, and the current text of the Act is whatever the state's published code carries, last modified September 11, 2026. Given at signing, attached to the lease. Threshold: Binds a licensed New Mexico associate broker or qualifying broker engaged in property management, and not a landlord who manages the property personally. A renter of a vacation rental is expressly excluded from the copy duty. Agency page. (16.61.24.14(B) NMAC) Lease contents the statutes or rules address, each in the circumstance it names: • Where a licensed qualifying broker manages the property, the tenancy agreement must state the tenant's name (16.61.24.14, subsection A, of the New Mexico Administrative Code). • The property address or legal description, including the unit number where one applies (16.61.24.14, subsection A). • The rent amount (16.61.24.14, subsection A). • The security deposit and any other deposit amounts (16.61.24.14, subsection A). • When and where the rent is to be paid (16.61.24.14, subsection A). • The date possession of the property began (16.61.24.14, subsection A). • The date possession ends (16.61.24.14, subsection A). • All fees charged to the tenant (16.61.24.14, subsection A; charging a fee that is not in the rental agreement is separately an unfair or deceptive trade practice under section 57-12-27). • How payments are to be applied to outstanding expenses and charges (16.61.24.14, subsection A). |
| Move-in condition report | No. No New Mexico statute or rule requires a move-in condition statement, inventory or checklist, and none is a precondition to withholding from a deposit. The deposit section works only at the other end: a cap tied to the length of the term, interest on a deposit above one month's rent under an annual agreement, and a written itemized list of deductions within thirty days after the tenancy ends, with the right to withhold and to counterclaim forfeited if that list is not given. There is no prior-tenant damage list. The broker rules that prescribe nine lease contents prescribe no condition report; the only inventory in the Act is the list of property removed from an abandoned unit, which is a post-tenancy rule. Deposit notice at signing: Security deposits sit in section 47-8-18 — the cap and the interest rule in subsection A, and the itemized list of deductions within thirty days after the tenancy ends in subsections C and D. New Mexico requires no deposit receipt and no notice of where the deposit is held at signing; the deposits page carries the figures. |
| Hazard disclosures | No in-force state hazard disclosure duty applies at signing beyond the federal lead-paint rule. No state duty exists for lead, mold, bed bugs, radon, methamphetamine, asbestos, or any other hazard. Every state duty and every stated absence, hazard by hazard: Lead (state add-on to the federal rule) — no state duty. New Mexico adds nothing to the federal lead-paint disclosure: there is no state form, registration, certificate or renewal re-disclosure, and the phrase lead-based paint appears nowhere in the state's statutes. The three places it appears in the administrative rules are all real-estate licensing provisions pointing brokers at the federal requirements, which is a reference rather than a state duty. Mold — no state duty. No New Mexico statute or rule requires a mold disclosure to a tenant, and none requires mold testing or remediation as a condition of renting. The word appears across the state's statutes only in limitation-of-actions, tort, food, agriculture, workers' compensation, insurance, drug, purchasing, licensing and criminal provisions, none of which reaches a tenancy. Bed bugs — no state duty. No New Mexico statute or rule requires a bed-bug disclosure to a tenant. The words bed bug and bedbug appear nowhere in the state's statutes at all: there is no history disclosure, no inspection record and no duty owed on request. Radon — no state duty. No New Mexico statute or rule requires a radon disclosure to a tenant. The word radon appears nowhere in the state's statutes: New Mexico has no radon statute of any kind, no testing program for dwellings and no brochure. The radiation-protection rules deal with licensed radioactive material and occupational exposure, not dwellings. Methamphetamine — no state duty. No New Mexico statute requires a landlord to disclose that a property was used as a methamphetamine laboratory, and no statute bars renting one instead. There is no contaminated-property registry, no decontamination standard and no certificate regime. The word appears only in criminal, criminal-procedure, military-affairs, motor-vehicle, workers' compensation and children's-code provisions, and the phrase clandestine drug appears nowhere. Asbestos — no state duty. No New Mexico statute or rule requires an asbestos disclosure to a tenant. The word appears in five places in the state's statutes — elected officials, limitation of actions, environmental improvement, law enforcement and workers' compensation — and the environmental provisions are permitting and abatement machinery, not a notice to an occupant. Pesticide, ordnance, pool, pest-control and detector notices — no state duty. No New Mexico statute or rule requires a pesticide-application notice, a military ordnance or noise-zone notice, a pool-safety notice or a pest-control-contract disclosure to a tenant, and there is no smoke-detector or carbon-monoxide notice either: the phrase smoke detector appears nowhere in the state's statutes, and the carbon-monoxide provisions are motor-carrier, animal, criminal-procedure, workers' compensation and commercial-code items. The nearest thing to a condition disclosure is a licensing rule making a broker disclose adverse material facts actually known about the property, which binds the broker and is not hazard-specific. |
| Flood disclosure | No. New Mexico requires no flood disclosure to a tenant, and it has no seller's property-condition disclosure statute either, so there is not even a sales-side flood question to test for lease reach. The state's real-estate disclosure chapter is a no-duty act: its single affirmative command runs to a seller or the seller's broker, prior to accepting an offer to purchase, to ask the county assessor for the estimated property-tax levy and give the answer in writing to the prospective buyer. The homeowner-association certificate is likewise seller-to-purchaser, owed no later than seven days before closing. The flood provisions elsewhere in the property title belong to the Subdivision Act and bind a subdivider seeking county plat approval — terrain management, the delineation of floodplain portions on a plat, and approval criteria about flooding, drainage and erosion — not a landlord, and they attach to land subdivision rather than to a tenancy. The administrative rules mentioning flooding are manufactured-housing installation and siting standards and radiation-facility siting rules. |
| Disclosures about the property's situation | No statutory disclosure of this kind |
| What need not be disclosed | Yes — of the facts the rule names, some need not be disclosed and no cause of action arises from not disclosing some, each as stated here. New Mexico's stigma statute is unusual because it names landlords and leaseholds in terms rather than speaking only of sellers and buyers. A seller, lessor or landlord of real property, any participant in an exchange, and any agent involved, is not liable for failing to disclose and has no duty to disclose, to anyone who acquires a legal or equitable interest in the property including any leasehold interest, the fact or suspicion that the property is or has been the site of a natural death; the site of a homicide, suicide, assault, sexual assault or any other crime punishable as a felony; or owned or occupied by a person exposed to, infected with or suspected of being infected with the human immunodeficiency virus, diagnosed with acquired immune deficiency syndrome, or with any other disease medical evidence has shown is highly unlikely to be transmitted through occupancy. A companion section says no cause of action arises from that non-disclosure and that the omission is not grounds for terminating or rescinding any sale, lease or exchange. There is no carve-out for the physical condition of the property and no exception for a tenant who asks directly; the statute simply says nothing about a direct question. |
| Utility, fee and payment disclosures | Five live duties, and the teeth for most of them sit in the state's unfair-practices act rather than the landlord-tenant act. Utility bills on request: in multi-unit housing with separate metering for each unit, a resident who asks the owner or the owner's agent must receive a copy of the utility bill for the unit; where the unit is submetered, a copy of the apartment's bill; where common-area utility bills are apportioned between units and passed on, copies of all the apportioned bills; and, in every case, the calculations used as the basis for apportioning common-area and submetered costs. The share that would fall on an empty unit if it were occupied may not be reallocated to the remaining residents, supplying the information is solely the owner's responsibility, and the owner may charge an administrative fee of no more than five dollars for each monthly request. Everything here fires on request: New Mexico has no shared-meter or submetering disclosure at signing. All-in cost disclosure: an owner must disclose to applicants, in plain language and in a published listing of the dwelling unit, all costs of a rental agreement, including the base rent that will be assessed and a description of all fees or charges that will be assessed during the residency, itemized and readily identifiable in the listing; an owner is not liable under the Act for a third-party website's failure to represent costs the owner supplied. Fee increases: an owner may raise a fee provided for in the rental agreement only on written notice at least sixty days before the periodic rental date or, for a fixed term, at least sixty days before the end of the term, and at least one rental period ahead where the residency runs shorter than a month. That sixty-day clock is twice the thirty days a rent increase needs, which is on the rent-increase page. Guest fees: an owner may not charge a fee for occupancy of the dwelling unit by a reasonable number of guests for a reasonable length of time, though charges for guests' use of premises or facilities outside the unit are untouched. The enforcement hook: since June 20, 2025 it is an unfair or deceptive trade practice for an owner to charge an applicant a fee that is neither a screening fee nor a deposit, or that was not published in a listing, and to charge fees that are not included in the rental agreement. That puts a lease-content failure inside the unfair-practices act, where a person who loses money may recover actual damages or one hundred dollars, whichever is greater, up to three times actual damages or three hundred dollars for a willful practice, with fees and costs awarded to a prevailing complainant and the relief additional to anything else available. New Mexico requires no rent receipt in the ordinary course, no renter's-insurance disclosure, no smoking-policy disclosure, no rent-concession disclosure and no payment-method or convenience-fee rule; rent is payable at the dwelling unit unless the parties agree otherwise. Late fees are on the late-fee page, application and screening fees on the application and screening-fee page, and deposits on the deposits page. |
| Lease clauses that are void or prohibited | No enumerated list — New Mexico has no enumerated roster of prohibited lease provisions: no confession-of-judgment item, no exculpation item, no indemnity item, no liquidated-damages item and no attorney-fee item. What it has is three general provisions working together. The waiver bar says no rental agreement may provide that the resident or the owner waives rights or remedies under the law, and its symmetry is worth noting because most states with this act bar only a tenant's waiver. The inequitable-provision section lets a court limit a provision it finds was inequitable when made, and reaches a settlement as well as an agreement; New Mexico departs from the usual unconscionability wording here, so the test is inequitability when made rather than unconscionability. Neither section declares an offending clause void in terms: the sanction stack is that the provision may not be included, that a court may limit it, and that deliberate knowing use gives the resident damages as applied plus fees. Using a prohibited clause carries a statutory sanction; the statute's own measure follows. Sanction as the statute states it: Where an owner deliberately uses a rental agreement containing provisions the owner knows are prohibited by law, the resident may recover the damages the resident sustained as a result of applying the illegal provision, plus reasonable attorney's fees. Two things follow from the wording. No attempt to enforce is an element, unlike the states that require use plus an attempt; but the measure is damages flowing from the provision's application, so a clause that sat unused produces no money. There is no rent multiple, no cap, no floor and no cure window. The general provisions: • No rental agreement may provide that the resident or the owner agrees to waive or forego rights or remedies under the law — a bar that runs both ways, unlike the tenant-only waiver bans in most states with this act (section 47-8-16). • A provision the court finds, as a matter of law, was inequitable when made may be limited by the court to avoid an inequitable result; where inequitability is put in issue, both parties must get a reasonable chance to present evidence about the setting, purpose and effect of the agreement, or of a settlement (section 47-8-12). |
| Attorney-fee clauses | Attorney fees go to the prevailing party by statute, whatever the lease says. Where suit is brought by an applicant or by any party to the rental agreement to enforce the terms of the agreement or any provision of the Uniform Owner-Resident Relations Act, the prevailing party is entitled to reasonable attorney's fees and court costs assessed by the court. The award is mandatory and bilateral and runs on the statute whatever the lease says; there is no clause to convert and none to strike, and the anti-contracting-out work is done instead by the section barring either side from waiving rights or remedies. The words an applicant were added in 2025, so a screening-stage claimant can now recover fees. The Court of Appeals has held that the Act mandates the award to the prevailing party and has defined the prevailing party, at the end of the whole action, as the party who wins on the merits or on the main issue. The same 2025 act turned the section's other remedies from civil penalties into private liabilities: an owner who charges an unauthorized screening fee is liable for two hundred fifty dollars and must return all fees paid, and an owner who unlawfully removes a resident or cuts off services, or retaliates, is liable for twice the monthly rent. A second and independent route exists for fee-disclosure failures: fees are mandatory for a prevailing complainant under the unfair-practices act, which since June 20, 2025 covers charging fees that are not in the rental agreement. |
| When, how, and what happens on a failure | The timing pegs are not interchangeable and the statute uses a different one for each duty. The written rental agreement is owed prior to the beginning of occupancy. The owner and manager identity is owed in writing at or before the commencement of the residency and must be kept current thereafter. The all-in cost disclosure belongs in a published listing, at the advertising stage before anyone applies. A fee increase needs sixty days' written notice before the periodic rental date or the end of a fixed term. Utility bills and the apportionment calculations are owed on request. The broker-managed copy of the Act goes out with every written tenancy agreement, and the broker-duties disclosure comes before the broker presents any document that could become a written agreement. A transfer notice is optional in form but decisive in effect: an outgoing owner or manager is relieved of liability only as to events occurring after written notice to the resident of the termination of the interest or the management, and on receiving that notice the resident pays future rent to the successor. Service is by hand delivery, by mail to the place the party holds out for communications, or by posting — and a posted notice to a resident must be backed by first-class mail or hand delivery in every case except a nonpayment notice, which is effective only by hand delivery, mail, or posting on an exterior door of the dwelling unit; where mail comes back undeliverable or the last known address is the vacated unit, the owner must serve at least one more notice if the resident gave an alternative address. There is no e-mail route in the Act, and the electronic-transactions act separately excludes default, acceleration, repossession, foreclosure, eviction and right-to-cure notices under a residential rental agreement. No statutory duty carries a signed acknowledgment: the only acknowledgments in New Mexico residential-tenancy law are the two in the broker rules. Nothing recurs annually. Remedies are uneven. The written-agreement duty and the utility-copies duty state no penalty, leaving the Act's written-notice and abatement route and its fee award. The identity duty carries no money at all, but agency by law twice over and the suspension of every notice obligation the Act puts on the resident. The fee duties carry unfair-practices damages with a hundred-dollar floor, treble damages or three hundred dollars for willful conduct, and mandatory fees to a prevailing complainant. Deliberate knowing use of an illegal clause gives damages as applied plus fees. Any suit on the agreement or the Act carries mandatory prevailing-party fees and costs. The broker rules carry license discipline only and state no private right of action. |
| Can cities add their own rules | State law says nothing either way about local lease-disclosure or lease-content rules. Nothing in New Mexico law either preempts or authorizes a local lease-disclosure or lease-content ordinance. The Uniform Owner-Resident Relations Act has no preemption section, and the general municipal power is a grant to adopt ordinances not inconsistent with the laws of New Mexico for the safety, health, prosperity, morals, order, comfort and convenience of the municipality and its inhabitants — a consistency limit, not an authorization and not a bar. The state's one preemption in this space is about rent and must not be read as a lease-content rule: no political subdivision and no home-rule municipality may enact an ordinance or resolution that controls, or would have the effect of controlling, rental rates for privately owned real property, with two carve-outs — the rule does not impair a state agency's, county's or municipality's right to manage or control its own property, and it does not apply to privately owned property for which a government or governmental instrumentality has contracted to provide benefits or funding expressly to give reduced rents to low- or moderate-income tenants. That preemption belongs to the rent-increase page. No New Mexico city carries a lease packet or disclosure ordinance on this page. |
| How state law refers to the federal rules | New Mexico's law touches the federal rules in one place, and it is a reference rather than an addition. A real-estate licensing rule tells brokers to comply with named local, state and federal laws, among them the federal lead-based paint regulations, including the federal environmental agency's renovation, repair and painting rule. That instruction adds no state requirement: it prescribes no form, no registration and no certification, and New Mexico's own statutes contain no lead-paint provision at all. |
| Changes already signed into law | No signed act is waiting beyond any not-yet-in-force duty already stated on this page |
| Leading court decisions | Hedicke v. Gunville, 2003-NMCA-032, 133 N.M. 335, 62 P.3d 1217 (New Mexico Court of Appeals; residential setting; bears on attorney-fee clauses): In a dispute over a residential lease, the court held that the Uniform Owner-Resident Relations Act mandates the award of attorney's fees to the prevailing party, and, drawing on the state's court-costs cases, defined the prevailing party at the end of the whole action as the party who wins on the merits or on the main issue of the case. The court also read the Act's supplementary-principles section as letting a trial court weigh the statute and a lease fee clause together. Certiorari was denied on February 3, 2003. |
Cite this page: "Landlord Atlas, New Mexico Lease Disclosure Laws & Required Lease Terms (verified September 13, 2026), landlordatlas.com/laws/lease-disclosures/new-mexico/" — free to cite and quote with a link (how these records are verified). Everything above is cited in the citations section below.
New Mexico hazard disclosures at a glance
No row below is an in-force state duty to disclose, hand over, attach or post a hazard notice; the federal lead-paint rule still applies to housing built before 1978. Each row's full text, trigger, threshold and remedy are in the table above.
| Hazard | Status | When | Form | Prescribed document |
|---|---|---|---|---|
| Lead (state add-on to the federal rule) | None | — | — | — |
| Mold | None | — | — | — |
| Bed bugs | None | — | — | — |
| Radon | None | — | — | — |
| Methamphetamine | None | — | — | — |
| Asbestos | None | — | — | — |
| Pesticide, ordnance, pool, pest-control and detector notices | None | — | — | — |
Documents named in the required-statements row: New Mexico Uniform Owner-Resident Relations Act (copy attached to the tenancy agreement) (New Mexico Real Estate Commission) — listed, not counted.
Federal rules that apply in every state
The federal layer for the lease-disclosures topic, carried once for the whole site. Every row names who it binds: most federal lease attachments bind only a landlord who takes a voucher or holds HUD-assisted or HUD-insured property, and the one rule that binds every landlord (the lead-paint disclosure rule) is a floor that state law may add to. No state record restates these rows; a state record says only where its own law references or extends them. Each row below says who it binds before it says what it requires. The full text of each row, with its citations, is on the 50-state page.
- Every landlord of housing built before 1978: Lead-based paint disclosure for leases of pre-1978 housing (in force).
- Owners of HUD-assisted, HUD-insured or HUD-acquired rental property in a floodplain: Flood acknowledgment in leases of HUD-assisted, HUD-acquired and HUD-insured property (in force).
- Landlords renting to a Housing Choice Voucher holder: Housing Choice Voucher written lease and tenancy addendum (in force).
- Covered housing providers under the Violence Against Women Act (federally assisted programs): Notice of occupancy rights under the Violence Against Women Act and the certification form (in force).
- Owners of project-based Section 8 housing: Thirty-day pre-eviction notification as a required lease provision (project-based Section 8) (in force).
- Owners of project-based Section 8 housing: Federal prohibited lease clauses and required addendum (project-based Section 8, part 883 projects) (in force).
- Anyone who signs or delivers a lease electronically: Electronic leases and signatures under the federal E-SIGN Act (in force).
- Everyone who offers a dwelling for rent: Fair housing poster (a posting duty, not a lease term) (in force).
- No one — no such federal duty exists: Radon, mold, asbestos and methamphetamine: no federal disclosure duty to residential tenants.
Notes and caveats
- A written lease is compulsory — The owner must provide a written rental agreement to each resident before occupancy begins, with no unit or term threshold. The section states no penalty; a resident enforces it through the Act's written-notice, abatement and termination route, with prevailing-party fees behind it.
- No copy deadline — There is no separate copy-delivery section and no day count anywhere in the Act. The duty to provide the written agreement before occupancy is the whole of the copy rule.
- No statute of frauds in the code — New Mexico has no codified statute of frauds; the English Statute of Frauds applies as received common law. No statute states a lease term above which a writing is required, and the question rarely matters because a writing is compulsory for every covered tenancy.
- Identity disclosure needs a telephone number and covers two people — Both the person authorized to manage the premises and an owner or agent for service of process must be named, with address and telephone number, and kept current. A failure gives no damages but installs agents by law and suspends every notice obligation the Act puts on the resident.
- No state hazard disclosure — No lead add-on, mold, bed-bug, radon, methamphetamine or asbestos disclosure is owed to a New Mexico tenant. Radon and bed bugs appear nowhere in the state's statutes at all, and there is no contaminated-property or decontamination regime for a former drug laboratory.
- No flood disclosure and no seller's condition form — New Mexico requires no flood disclosure to a tenant and has no seller's property-condition disclosure statute to borrow one from. The flood provisions in the property title bind a subdivider seeking plat approval.
- No move-in condition report — No condition statement, inventory or checklist is required, and none is a precondition to withholding from a deposit; the deposit section works only at the end of the tenancy. See the deposits page.
- The stigma statute names landlords — A seller, lessor or landlord has no duty to disclose, and no liability for not disclosing, a natural death, a homicide, suicide, assault, sexual assault or other felony on the property, or an occupant's exposure to or infection with a disease unlikely to be transmitted through occupancy. No cause of action arises and the omission is not grounds to terminate or rescind a lease.
- The tenant-rights document binds brokers, not landlords — A licensed qualifying broker managing residential property must attach a copy of the Act to every written tenancy agreement and take a separate written or electronic confirmation from each tenant; vacation rentals are excluded. A landlord who manages personally owes nothing, and the only sanction is license discipline.
- The nine lease contents are a licensing rule — The list of what a tenancy agreement must state comes from the real-estate licensing rules and binds broker-managed tenancies. No statute prescribes any lease content: the Act says only that the parties may include terms it does not prohibit.
- Fee rules have real teeth since June 2025 — All costs must be disclosed in plain language and itemized in the published listing, a fee increase needs sixty days' written notice, and charging fees that are not in the rental agreement is an unfair or deceptive trade practice carrying a hundred-dollar floor, treble damages or three hundred dollars for willful conduct, and mandatory fees to a prevailing complainant.
- Utility information is owed only on request — In multi-unit housing the resident may ask for the unit's bill, the submetered bill, the apportioned common-area bills and the apportionment calculations, and the owner may charge up to five dollars for each monthly request. There is no shared-meter disclosure at signing.
- No enumerated roster of banned clauses — Neither side may agree to waive rights or remedies under the law, and a court may limit a provision it finds was inequitable when made. Deliberate use of a clause the owner knows is prohibited gives the resident the damages caused by applying it, plus fees; a clause that was never applied produces no money.
- Local rules — Nothing preempts or authorizes a local lease-disclosure or lease-content ordinance. The state's one preemption here is on rent control and belongs to the rent-increase page. No New Mexico city carries a lease packet on this page.
- Related pages — Deposits, late fees, application and screening fees, rent-increase notice, entry notice, habitability and repairs, lease termination, eviction and manufactured-home lots each have their own New Mexico page.
- Legislation — Nothing is pending. The 2026 regular session adjourned on February 19, 2026 with no carryover and no special session, and no 2026 act touched this page; a bill to repeal the rent-control prohibition was postponed indefinitely and died with the session. No signed act is waiting to change an answer here.
Common questions: New Mexico lease disclosures
Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.
- Does New Mexico require a landlord to give the tenant a written statement of tenant rights?
- No general statement or document is prescribed, but the statutes or rules fix some of what the lease must say, listed here. No New Mexico statute requires a landlord to hand over or attach a statement of tenant rights, a summary, a handbook or an agency form, and no statute prescribes any lease wording.
- Does a New Mexico landlord have to disclose the owner's name and address?
- Yes — a statute requires the landlord to disclose the owner's or managing agent's identity to the tenant, in a separate writing. The owner, or anyone authorized to enter a rental agreement for the owner, must disclose in writing at or before the start of the residency the name, address and telephone number of two people: the person authorized to manage the premises, and an owner of the premises or a person authorized to act for the owner for service of process and for receiving notices and demands.
- Is a move-in inspection checklist required in New Mexico?
- No. No New Mexico statute or rule requires a move-in condition statement, inventory or checklist, and none is a precondition to withholding from a deposit. The deposit section works only at the other end: a cap tied to the length of the term, interest on a deposit above one month's rent under an annual agreement, and a written itemized list of deductions within thirty days after the tenancy ends, with the right to withhold and to counterclaim forfeited if that list is not given.
- What hazards must a New Mexico landlord disclose to a tenant?
- No in-force state hazard disclosure duty applies at signing beyond the federal lead-paint rule. No state duty exists for lead, mold, bed bugs, radon, methamphetamine, asbestos, or any other hazard.
- Does New Mexico require flood disclosure to renters?
- No. New Mexico requires no flood disclosure to a tenant, and it has no seller's property-condition disclosure statute either, so there is not even a sales-side flood question to test for lease reach. The state's real-estate disclosure chapter is a no-duty act: its single affirmative command runs to a seller or the seller's broker, prior to accepting an offer to purchase, to ask the county assessor for the estimated property-tax levy and give the answer in writing to the prospective buyer.
- Does New Mexico void or prohibit specific lease clauses?
- No enumerated list — New Mexico has no enumerated roster of prohibited lease provisions: no confession-of-judgment item, no exculpation item, no indemnity item, no liquidated-damages item and no attorney-fee item. What it has is three general provisions working together.
Citations
- NMSA 1978 § 47-8-8 (verified 2026) Official source
- NMSA 1978 § 47-8-9 · (A)–(F) (verified 2026) Official source
- NMSA 1978 §§ 47-8-3, 47-8-52 · § 47-8-3(G) (verified 2026) Official source
- NMSA 1978 §§ 47-8-12, 47-8-16, 47-8-17 · § 47-8-12(A)–(B) (verified 2026) Official source
- NMSA 1978 § 47-8-13 · (C)–(D), (F) (verified 2026) Official source
- NMSA 1978 §§ 47-8-14, 47-8-15 · § 47-8-15(B), (D)–(F) (verified 2026) Official source
- NMSA 1978 § 47-8-18 · (A), (C)–(D) (verified 2026) Official source
- NMSA 1978 § 47-8-19 · (A)–(D) (verified 2026) Official source
- NMSA 1978 §§ 47-8-19.1, 47-8-19.4 (verified 2026) Official source
- NMSA 1978 §§ 47-8-20, 47-8-21 · § 47-8-20(F)–(G); § 47-8-21(A)–(B) (verified 2026) Official source
- NMSA 1978 §§ 47-8-27.1, 47-8-48 · § 47-8-48(A)–(D) (verified 2026) Official source
- NMSA 1978 §§ 47-13-2, 47-13-3, 47-13-4 · § 47-13-2; § 47-13-3(A)–(B); § 47-13-4(B) (verified 2026) Official source
- NMSA 1978 § 47-8A-1 · (A)–(C) (verified 2026) Official source
- NMSA 1978 §§ 57-12-2, 57-12-10, 57-12-27 · § 57-12-2(D)(20); § 57-12-10(B)–(D); § 57-12-27(B)–(C) (verified 2026) Official source
- NMSA 1978 §§ 14-16-1, 14-16-3, 14-16-7 · § 14-16-3(B)(2)(b); § 14-16-7(c)–(d) (verified 2026) Official source
- NMSA 1978 § 38-1-3 (common law as the rule of decision) (verified 2026) Official source
- NMSA 1978 § 3-17-1 (municipal ordinance power) · (B) (verified 2026) Official source
- 16.61.24 NMAC (Property Management), New Mexico Real Estate Commission · 16.61.24.2; 16.61.24.10(3); 16.61.24.14(A)–(B); 16.61.24.16(E)–(F) (verified 2026) Official source
- 16.61.19 NMAC (Broker Duties; Disclosure), New Mexico Real Estate Commission · 16.61.19.8(A)(5), (B) (verified 2026) Official source
- New Mexico Administrative Code, currency and update history (verified 2026) Official source
- Laws 2025, ch. 122 (Senate Bill 267), enrolled · §§ 1–9 (verified 2026) Official source
- New Mexico Legislature, 2026 regular session legislation list (verified 2026) Official source
How this record was verified: Direct reading of NMSA 1978 on the New Mexico Compilation Commission's own site, the statutory publisher: Chapter 47, Article 8 (the Uniform Owner-Resident Relations Act) read in full, all fifty-two sections, from the annotated Chapter 47 file, together with Article 8A (rent-control prohibition), Article 13 (the Real Estate Disclosure Act) and the Homeowner Association Act's disclosure certificate sections; Chapter 57 sections 57-12-2, 57-12-10 and 57-12-27; Chapter 14 Article 16 (the Uniform Electronic Transactions Act); Chapter 38 section 38-1-3 with its annotations; and Chapter 3 section 3-17-1. Currency is the publisher's own footer, last modified September 11, 2026, corroborated from inside the text by a 2026 chapter in the history line of section 47-16-18. The negatives rest on a full-text search of the whole of NMSA 1978 on the Commission's own engine, with the chapter hits enumerated term by term and every Chapter 47 hit opened and identified. The administrative leg was run on the State Records Center and Archives' site, the statutory publisher of the New Mexico Administrative Code, whose currency line reads that the last update was September 4, 2026, including all new rules, amendments and repeals effective on or before September 1, 2026; the twenty-two-title tree was read first and then parts were enumerated one by one in the real-estate broker, housing, manufactured-housing, radiation-protection, nuisance-abatement and disease-control chapters, with 16.61.24 and 16.61.19 read in full. That host publishes no full-text search and no directory index, so the administrative leg is a chapter-targeted enumeration and is described as such. The enactment record was established from the Legislature's own site: all 812 rows of the 2026 regular-session legislation list enumerated with each row's last action, with the disposition of every bill typed read from the bill's own page, and the 2025 act that rewrote the fee layer read from its enrolled text, section by section, for its effective date and the absence of any applicability clause. The 2026 regular session adjourned sine die on February 19, 2026 with no carryover, and the session list shows no special session. Hedicke v. Gunville was read in full from the official reports on the Compilation Commission's host, together with the Supreme Court's certiorari order of February 3, 2003. Verified September 13, 2026.
What was read to state each absence on this page:
- The landlord-tenant chapter: NMSA 1978 Chapter 47, Article 8 (the Uniform Owner-Resident Relations Act) read in full, all fifty-two sections, from the Compilation Commission's annotated Chapter 47 file. Article 8A (rent-control prohibition) and Article 13 (Real Estate Disclosure Act) read in full from the same file; Chapter 14 Article 16 (electronic transactions), Chapter 38 section 38-1-3 with its annotations, Chapter 57 sections 57-12-2, 57-12-10 and 57-12-27, and Chapter 3 section 3-17-1 read on the same host. Terms run over the Article 8 extract: checklist (0), inventory (1, the abandoned-property list), condition of the premises (1, the resident's cleanliness duty), disclose (2, the two owner-disclosure sections), foreclos (0), condominium (1), demolition (1, a possession ground), insurance (0), smoking (0). Currency established from the publisher's own footer, last modified September 11, 2026, and corroborated inside the text: the Chapter 47 file's section 47-16-18 carries a 2026 chapter in its history line. Enactment currency established from the Legislature's own session list for the 2026 regular session, all 812 rows enumerated with each row's last action, 70 carrying a signature by the Governor and 23 matching the keyword net, none amending Article 8, 8A, 13 or section 57-12-27; the 2025 act that rewrote the fee layer was read from the enrolled bill. The 2026 regular session adjourned sine die on February 19, 2026 with no carryover and no special session.
- The real-estate sales-disclosure chapter: NMSA 1978 Chapter 47, Article 13 (the Real Estate Disclosure Act) read in full. It is a no-duty act: its single affirmative command, section 47-13-4(B), runs to the property seller or the seller's broker, prior to accepting an offer to purchase, to request the county assessor's estimated property-tax levy and provide the response in writing to the prospective buyer or the buyer's broker; section 47-13-5 disapplies another act to the sale or transfer of real property. New Mexico has no seller's property-condition disclosure statute at all. The Homeowner Association Act's disclosure certificate, sections 47-16-11 and 47-16-12, is likewise owed by a seller to a purchaser no later than seven days before closing. Neither reaches a lease.
- Public-health, environmental and professions titles: Run as a full-text search of the whole of NMSA 1978 on the Compilation Commission's own engine, with the chapter hits enumerated for each term: radon 0 results; the phrase lead-based paint 0; lead poisoning 1 (Chapter 69, Mines); mold 11 (Limitation of Actions, Torts, Food, Agriculture, Workers' Compensation, Insurance, Drugs and Cosmetics, Public Purchases, Business Licenses, Professional Licenses, Criminal Offenses); the phrase bed bug 0 and bedbug 0; methamphetamine 6 (Criminal Offenses, Criminal Procedure, Military Affairs, Motor Vehicles, Workers' Compensation, Children's Code); the phrase clandestine drug 0; asbestos 5 (Elected Officials, Limitation of Actions, Environmental Improvement, Law Enforcement, Workers' Compensation); pesticide 8, including Chapter 47, whose hit was opened and identified as the Right To Farm Act's definition of an agricultural operation; the phrase smoke detector 0; the phrase carbon monoxide 6, none a dwelling notice; flood 32, every hit water law, floodplain districts, condemnation or public finance, with the Chapter 47 hits opened and identified as Subdivision Act terrain-management and plat-delineation provisions; the phrase sex offender 8, none a lease notice; the phrase residential rental 2, neither a registration.
- Administrative code: The New Mexico Administrative Code on the State Records Center and Archives' own site, its currency line reading that the last update was September 4, 2026, including all new rules, amendments and repeals with an effective date on or before September 1, 2026. There is no full-text search and no directory index on that host — a directory path returns a short forbidden-access body — so the administrative leg is a chapter-targeted enumeration rather than a reading of all twenty-two titles, and that limitation is stated here rather than hidden. The full title list was read first, then parts were enumerated one by one in 16.61 Real Estate Brokers (parts 1 to 40 checked, 30 live), 14.1 Housing General Provisions (1 to 10 checked, 2 live), 14.11 Other Building Codes and Standards (1 to 6, 1 live), 14.12 Manufactured Housing (1 to 6, all live), 20.3 Radiation Protection (1 to 14, all live), 20.8 Nuisance Abatement (1 to 6, 1 live) and 7.4 Disease Control (1 to 14 checked, 6 live), with the terms radon, lead-based, lead poison, blood lead, mold, bed bug, methamphetamine, asbestos, flood, landlord, tenant, lessor, rental agreement and dwelling run over each part. Every hit was enumerated with its context: three lead-based-paint references in the broker rules, all pointing at the federal requirements; flood definitions and siting standards in the manufactured-housing and radiation parts; radon in licensing and occupational radiation-protection parts; asbestosis in a notifiable-disease list; and a false positive on a molded cord cap. No administrative rule imposes a hazard disclosure on a residential landlord.
- Local-government title: NMSA 1978 Chapter 47 Article 8A read in full for the rent-control preemption, and Chapter 3 section 3-17-1, the general municipal ordinance power, read on the same host. Article 8 was enumerated section by section and carries no preemption or authorization clause. Home rule sits in the state constitution, article X, section 6, which is not part of the code file.