There are at least two parties in every contract. Whenever you’re renting your property out, you’re entering a contract with a ‘lesser’ or tenant. In this scenario, you’re considered to be the ‘lessor’. While each party has rights that are set forth by the New Mexico Housing Authority, laying out the terms of the agreement is crucial so there isn’t any ambiguity about the tenant or landlord’s obligations.
Any landlord who is showing a property to prospective tenants who are interested in occupying the property on a month-to-month basis should look for a state-specific rental agreement form that conforms with all of the laws and doesn’t have any illegal clauses that could spell trouble.
Oral contracts are deemed to be acceptable in New Mexico, however, there isn’t any denying how risky and expensive entering an oral contract with a tenant can be. Properties hold significant value and there’s even more value in streamlining rental income, but that could be lost if there is not a formal, written, and detailed rental agreement in place before you hand over the keys. Some of the terms and obligations covered in a good rental agreement include:
Rental amount
Due date
Late fee
Advance written notice requirements to vacate
Security deposit
Party responsible for utilities
Rules for occupants in the dwelling
Pet addendums
Prohibiting use of liquid filled furniture
Assigned parking details
Condition of premises
Property maintenance
Lead notifications
Insurance