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.
Sublease and Assignment Provision Laws: No.
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.
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:
Some cities require registration or permits for short-term rentals, with costs and processes differing by city.
Download a New Mexico sublease agreement as a PDF or Word file below:
