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If you must take on a new tenant because you can't stay in the rental unit, it's best to draft a New Mexico sublease agreement. This is a legal contract that can help you avoid early termination fees, but it must be iron-clad. Let's learn more about it!

Sublease Agreement

A New Mexico sublease is a document allowing the tenant to rent all or some of a rental property to the new tenant. Then, the subtenant takes over the payments that the original tenant was paying. This is all stated in the original lease.

Basically, the arrangement lets the original tenant get out of paying rent and utilities by using a subtenant. The original lease agreement rules still apply.

What to Include

  • Terms of the agreement (including start and end date)
  • Names of subtenant and sublessor
  • Rental property address
  • Amount of rent the subtenant must pay and where to send it
  • Security deposit the new tenant covers if necessary
  • Other expenses the new tenant covers, such as utilities
  • Terms of the lease
  • Signatures of both parties, date of the signing, and proof of the landlord's consent

How to Write One

Here are the steps to take:

  1. The Address - Include the full address (Zip+4) of the subleased rental property.
  2. Rental Details - Name the rental property parts the subtenants can access, such as bedrooms, parking spots, and amenities.
  3. Restrictions - You can't contradict the original lease, but list restrictions regarding activities, smoking, and pets. If the original lease agreement didn't restrict something that you want to, you can include that.
  4. List Dates - Include the end date and start date.
  5. Establish Monthly Rent - List the subtenant's portion of rent and yours.

Special Laws

There are no specific laws in New Mexico that pertain to subletting. However, if your original lease states this isn't allowed, you cannot do so. The landlord cannot refuse a sublease for no reason, but they can request that you get permission for any changes.

Give notice about the arrangement to the New Mexico landlord before making changes. If they haven't responded within 30 days, it's inferred that they agree.

Sublessors

The New Mexico tenant/landlord laws say that the sublessor must:

  • Return the subtenant's security deposit within 30 days of the end of their sublease
  • Give the subtenant three days' written notice to leave or pay rent
  • Give a 30-day written notice of the intent not to renew the original lease or sublease agreement

Build Your Own

Use DoorLoop to create a sublease that checks all the boxes. We offer templates for free in:

eSignature

Lease signing is your biggest opportunity to lay the foundation for a pleasant tenant experience, and that relies on making the process as easy and efficient as possible.

With DoorLoop, you can get your subleases eSigned in a few seconds. You can also get to the eSignature step much more easily by creating reusable sublease templates that are autofilled with tenants' information.

DoorLoop also makes it so simple to find the best tenants in the first place by syndicating your lisitngs on popular websites Zillow, Trulia, Hotpads, Apartments.com, and more. You can also make sure you're bringing in the best tenants by screening your prospects in seconds through DoorLoop.

For more information about DoorLoop, learn more or schedule a free demo.

Conclusion

When you can't handle payments of the premises and don't want an eviction on your name, subletting is a great solution in New Mexico.

You learned what to include in the New Mexico sublease agreement, and now it's time to create one with DoorLoop!

FAQs

Can You Legally Sublet in New Mexico?

You should check the terms of the lease to determine if subletting is legal for your situation. If the landlord didn't include a clause forbidding it, you can likely do so.

Do You Have to Receive Permission from the Landlord to Sublet?

If there's no information about subletting in the lease, subleasing is permitted. You don't have to request permission from the landlord, but it's generally wise to let them know to build trust.

Should I Create an Agreement to Sublease?

A sublease is legally binding between the sublessor and subtenant, so it's crucial to have one.

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David Bitton

David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. When he's not hanging with his three children, he's writing articles here!