RESIDENTIAL LEASE AGREEMENT

(New Mexico – UORRA Compliant)

[// GUIDANCE: This template is drafted for properties located in New Mexico and is intended for use by licensed attorneys. Customize bracketed items, confirm statutory cites, and review for client- and property-specific issues prior to execution.]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Lease Grant & Term
   3.2 Rent & Payment Procedures
   3.3 Security Deposit
   3.4 Delivery, Condition & Habitability
   3.5 Use & Occupancy Limits
   3.6 Utilities & Services
   3.7 Maintenance, Repairs & Alterations
   3.8 Entry by Landlord
   3.9 Rules & Regulations
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Parties

This Residential Lease Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (“Effective Date”) by and between:

• [LANDLORD LEGAL NAME], a [STATE/COUNTRY] [ENTITY TYPE or Individual] with a principal address at [LANDLORD ADDRESS] (“Landlord”); and
• [TENANT FULL LEGAL NAME(S)], currently residing at [TENANT CURRENT ADDRESS] (“Tenant,” collectively with Landlord, the “Parties,” and each, a “Party”).

1.2 Premises

Landlord hereby leases to Tenant the residential dwelling located at [PREMISES STREET ADDRESS, CITY, NM ZIP], together with the appurtenant parking, fixtures, and improvements, but excluding: [EXCLUSIONS, if any] (the “Premises”).

1.3 Recitals

A. Landlord is the lawful owner of the Premises and desires to lease the Premises to Tenant.
B. Tenant desires to lease the Premises from Landlord for residential purposes only, subject to the terms herein.
C. Sufficient consideration supports this Agreement, the receipt and adequacy of which are acknowledged.

2. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below. Defined terms may be used in singular or plural form as the context requires.

“Act” means the New Mexico Uniform Owner-Resident Relations Act, N.M. Stat. Ann. §§ 47-8-1 through 47-8-52, as amended.
“Additional Rent” means any monetary obligation other than Base Rent payable by Tenant under this Agreement.
“Base Rent” has the meaning given in Section 3.2(a).
“Business Day” means any day other than Saturday, Sunday, or a New Mexico state-recognized legal holiday.
“Default” has the meaning set forth in Section 6.1.
“Lease Term” has the meaning set forth in Section 3.1(b).
“Notice” means a written notice complying with Section 9.3.
“Passbook Rate” means the nominal passbook savings account rate paid by the largest commercial bank in New Mexico on the first Business Day of each calendar year.
“Security Deposit” has the meaning set forth in Section 3.3(a).
“Tenant Party” means Tenant, all permitted occupants, guests, invitees, licensees, and any person under Tenant’s control.

[// GUIDANCE: Add, delete, or modify definitions as necessary to align with client practice.]

3. OPERATIVE PROVISIONS

3.1 Lease Grant & Term

(a) Grant. Landlord hereby leases the Premises to Tenant, and Tenant hereby accepts such lease, subject to the terms of this Agreement and the Act.
(b) Lease Term. The lease term shall commence at 12:01 a.m. on [COMMENCEMENT DATE] and terminate at 11:59 p.m. on [TERMINATION DATE], unless sooner terminated or extended in accordance with this Agreement (the “Lease Term”).

3.2 Rent & Payment Procedures

(a) Base Rent. Tenant shall pay monthly base rent of $[AMOUNT] (“Base Rent”), due in advance on or before the first (1st) calendar day of each month.
(b) Place / Method of Payment. Payments shall be made by [acceptable methods] to [PAYEE NAME & ADDRESS/PORTAL].
(c) Late Charge. If any Rent remains unpaid after 5:00 p.m. on the [DAY] day following the due date, Tenant shall incur a late fee of [LATE FEE AMOUNT or formula], not to exceed the maximum allowed under the Act.
(d) Returned Payment. Returned payments shall be treated as unpaid Rent and subject to a fee of [NSF FEE].

3.3 Security Deposit

(a) Deposit Amount. Upon execution, Tenant shall deposit $[AMOUNT] with Landlord as security (“Security Deposit”). For Lease Terms shorter than one (1) year, the Security Deposit shall not exceed one (1) month’s Base Rent. [N.M. Stat. Ann. § 47-8-18(A)].
(b) Interest. If the Security Deposit equals or exceeds one (1) month’s Base Rent and is held for one year or more, Landlord shall annually pay interest at a rate not less than the Passbook Rate. [§ 47-8-18(A)].
(c) Permitted Deductions. Landlord may deduct unpaid Rent, late fees, costs of remedying Tenant breaches, and reasonable charges for cleaning and repair excluding ordinary wear and tear.
(d) Return. Within thirty (30) days after Tenant surrenders possession and provides a forwarding address, Landlord shall return any balance of the Security Deposit together with an itemized written statement of deductions. [§ 47-8-18(C)].
(e) Non-Waiver. The Security Deposit is not a prepayment of Rent and may not be applied by Tenant to any Rent installment.

[// GUIDANCE: Exceeding one month’s deposit for leases <1 year is unenforceable under NM law.]

3.4 Delivery, Condition & Habitability

(a) Delivery. Landlord shall deliver exclusive possession of the Premises to Tenant on the Commencement Date in compliance with Section 47-8-20 of the Act.
(b) Habitability. Landlord shall:
(i) maintain the Premises in a habitable condition,
(ii) comply with applicable building and housing codes materially affecting health and safety,
(iii) keep all common areas in a clean and safe condition, and
(iv) maintain all provided electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities in good and safe working order.
(c) Inspection. Tenant acknowledges inspection of the Premises and finds it in good condition except as noted in a move-in checklist completed jointly by the Parties within [XX] days after occupancy.

3.5 Use & Occupancy Limits

(a) Residential Use Only. The Premises shall be used solely as a private residence for [MAX OCCUPANTS] lawful occupants.
(b) Prohibited Activities. Tenant shall not:
(i) engage in any illegal activity;
(ii) store hazardous materials except household items in typical quantities;
(iii) commit or permit waste or nuisance; or
(iv) keep pets without prior written consent (see Addendum if applicable).

3.6 Utilities & Services

Tenant shall timely pay for all utilities serving the Premises except [LANDLORD-PAID UTILITIES], which Landlord will provide. Any sub-metering or allocation method shall comply with applicable law.

3.7 Maintenance, Repairs & Alterations

(a) Tenant Obligations. Tenant shall keep the Premises reasonably clean; use reasonable care; promptly notify Landlord of damages, defects, or dangerous conditions; and be responsible for damages caused by Tenant Parties beyond ordinary wear and tear.
(b) Alterations. No alterations, installations, or improvements may be made without Landlord’s prior written consent. Approved alterations become Landlord’s property upon installation unless otherwise agreed in writing.

3.8 Entry by Landlord

Landlord or its agents may enter the Premises to inspect, make repairs, supply agreed services, or show the Premises, upon at least twenty-four (24) hours’ Notice, except in emergencies or as otherwise permitted by the Act. Entry shall be at reasonable times. [§ 47-8-24].

3.9 Rules & Regulations

Landlord may promulgate reasonable, nondiscriminatory rules for the safety, care, and cleanliness of the Premises and common areas. Such rules shall be enforceable upon written delivery to Tenant and shall not materially modify this Agreement.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations. Each Party represents that it has full power and authority to enter into and perform this Agreement.

4.2 Landlord Representations. Landlord represents that:
(a) it holds legal title or sufficient authority to lease the Premises; and
(b) entering into this Agreement does not violate any other agreement or applicable law.

4.3 Tenant Representations. Tenant represents that:
(a) the information provided in any rental application is true and correct;
(b) Tenant is entering into this Agreement for the sole purpose of residential occupancy; and
(c) Tenant will maintain required insurance (Section 7.3).

4.4 Disclaimer of Warranties. Except as expressly stated in this Agreement or mandated by the Act, Landlord makes no other warranties, express or implied, including any warranty of habitability beyond statutory requirements.

5. COVENANTS & RESTRICTIONS

5.1 Affirmative Covenants of Tenant. Tenant shall:
(a) pay all Rent and other sums when due;
(b) comply with all applicable laws, HOA rules (if any), and this Agreement;
(c) obtain and maintain renters’ insurance with minimum liability coverage of $[AMOUNT] per occurrence; and
(d) promptly provide Landlord with written Notice of any condition requiring repair.

5.2 Negative Covenants of Tenant. Tenant shall not:
(a) assign this Agreement or sublet the Premises without Landlord’s written consent;
(b) obstruct common areas;
(c) tamper with smoke detectors or safety equipment; or
(d) allow any lien to attach to the Premises.

5.3 Covenants of Landlord. Landlord shall maintain the Premises in accordance with Section 3.4 and honor quiet enjoyment so long as Tenant is not in Default.

6. DEFAULT & REMEDIES

6.1 Events of Default

The occurrence of any of the following constitutes a “Default”:
(a) Non-Payment. Failure to pay Rent when due, continuing three (3) days after Landlord delivers a written notice of non-payment. [§ 47-8-33(D)(1)].
(b) Material Non-Compliance. Breach of a material term of this Agreement, continuing seven (7) days after Notice specifying the breach and required remedy. [§ 47-8-33(A)].
(c) Repeat Violation. A second material breach within six (6) months of a prior Notice as described in (b).
(d) Illegal Activity or Substantial Damage. Any unlawful activity or substantial property damage justifying immediate termination under the Act.

6.2 Landlord Remedies

Upon Default and expiration of the applicable cure period, Landlord may, in compliance with the Act and any court order:
(a) terminate this Agreement;
(b) recover possession through summary eviction (injunctive relief) in the [COUNTY NAME] state housing court;
(c) accelerate all unpaid Rent;
(d) recover damages, costs, and reasonable attorneys’ fees; and
(e) pursue any other remedy permitted by law or equity.

6.3 Tenant Remedies

If Landlord materially fails to comply with its obligations, Tenant may, after providing the required Notice and cure period under § 47-8-27.1, exercise statutory remedies, including termination or rent abatement, but not offset of Rent except as expressly allowed by the Act.

7. RISK ALLOCATION

7.1 Indemnification (Tenant Use)

Tenant shall indemnify, defend, and hold harmless Landlord and its agents from and against all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from Tenant Parties’ use or occupancy of the Premises, except to the extent caused by Landlord’s gross negligence or willful misconduct.

7.2 Limitation of Liability (Security Deposit Cap)

Except for (i) Landlord’s willful misconduct or gross negligence, (ii) obligations to return the Security Deposit, or (iii) liabilities which cannot be lawfully limited, Landlord’s aggregate liability under this Agreement shall not exceed the amount of the Security Deposit then held by Landlord.

[// GUIDANCE: Confirm enforceability of liability caps under NM public-policy principles before relying on this clause.]

7.3 Insurance

Tenant shall maintain renters’ insurance covering personal property and liability, naming Landlord as additional insured or interested party, with a minimum liability limit of $[AMOUNT]. Proof of coverage is due within [DAYS] of the Commencement Date and upon renewal.

7.4 Force Majeure

Neither Party is liable for failure to perform due to events beyond its reasonable control (excluding monetary obligations), including natural disasters, acts of war, terrorism, or governmental orders, provided the affected Party gives prompt Notice and resumes performance as soon as practicable.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Agreement and any dispute hereunder shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to conflict-of-law principles.

8.2 Forum Selection

The Parties consent to exclusive jurisdiction and venue in the state housing court of [COUNTY NAME], New Mexico.

8.3 Arbitration

By mutual agreement of the Parties and in accordance with the metadata provided, arbitration is expressly excluded.

8.4 Jury Trial Waiver

To the fullest extent permitted by law, each Party knowingly and voluntarily waives its constitutional right to trial by jury in any litigation arising out of or related to this Agreement, except where such waiver is prohibited or rendered unenforceable by New Mexico law.

8.5 Injunctive Relief – Eviction Remedy

Nothing herein shall limit Landlord’s right to seek immediate injunctive relief, including but not limited to writs of restitution or possession, to enforce eviction or protect property and safety interests.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver. No amendment or waiver is effective unless in a written instrument signed by the Party against whom enforcement is sought. A waiver on one occasion is not a waiver on any future occasion.

9.2 Assignment & Subletting. Tenant may not assign this Agreement, sublet, or otherwise transfer any interest without Landlord’s prior written consent, which may be withheld in Landlord’s sole discretion, subject to the Act.

9.3 Notices. All Notices must be (i) in writing, (ii) addressed as set forth below (or as later designated), and (iii) delivered by hand, certified mail (return receipt requested), or nationally-recognized overnight courier:

• Landlord: [ADDRESS / EMAIL if permitted]
• Tenant: the Premises (or forwarding address if provided)

Notice is deemed given upon receipt or first attempted delivery if delivery is refused.

9.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and, to the extent permitted, the invalid provision shall be reformed to reflect the Parties’ intent.

9.5 Integration. This Agreement (including any addenda, exhibits, and incorporated rules) constitutes the entire understanding between the Parties and supersedes all prior negotiations or agreements, whether written or oral, regarding the Premises.

9.6 Successors & Assigns. Subject to Section 9.2, this Agreement binds and benefits the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which is deemed an original, together constituting one instrument. Electronic or digital signatures are binding to the same extent as original signatures.

10. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Residential Lease Agreement as of the Effective Date.

[Optional Notary Acknowledgments follow New Mexico form requirements]

OPTIONAL ADDENDA (check if attached)

☐ Move-In/Move-Out Inspection Checklist
☐ Lead-Based Paint Disclosure (pre-1978 housing)
☐ Pet Addendum
☐ Rules & Regulations
☐ Bedbug Information Sheet
☐ Other: ____

[// GUIDANCE: Attach statutorily required disclosures—e.g., lead-based paint, methamphetamine, flood zone—based on property specifics.]

END OF DOCUMENT