New Mexico Month to Month Rental Agreement Form

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The New Mexico Month to Month Rental Agreement is a legal document that is created between a landlord and tenant who would prefer to agree to have a rental agreement that doesn’t require a renewal or have and ending date. This specific rental agreement is a less stringent tenancy agreement inasmuch as neither party would be bound to any specific occupancy or vacate time frame. It offers both parties the option to notify and revoke the agreement with at least thirty (30) days notice from one another (Statute 47-8-37) The document, however, offers the same protections by law for both parties as a long term lease would offer. If either party is unsure of of what they may be signing, after reviewing the entire document, they may wish to consider consulting with a knowledgeable attorney.

Minimum Termination Period – 30 days

Laws – § 47-8-37

How To Write

Step 1 – Download the document –

  • Begin at the top of the document by entering the landlord’s name
  • Enter the name of the tenant
  • Enter the date of the document in mm/dd/yyyy format
  • Read the remainder of the paragraph and continue

Step 2 – Premises – Enter the address of the property to be rented as follows:

  • Street Address
  • City

Step 3 – Lease Term – Since this is a month to month arrangement you must only enter:

  • The starting date of the lease – only to end with at least a 30 day notice from one to the other

Step 4 – Lease Payments – Enter the following:

  • Amount to be paid to the landlord by the tenant each month due on the 1st day of each month
  • Read the remainder of the paragraph

Step 5 – Late Charges – Enter the following information:

  • The date the rent is due
  • The amount (per day) that will be charged until the rental amount is brought current
  • Enter a date that would place the tenant in breach of contract if payment is not satisfied

Step 6 – Insufficient Funds –

  • Enter the amount that the tenant must pay if a check is returned to the landlord

Step 7 – Titled Sections – Both parties must carefully review all of the following sections. If any entries must be made, enter them as you’re reviewing the information:

  • Defaults
  • Quiet Enjoyment
  • Possession and Surrender of Premises
  • Use of Premises
  • Occupants
  • Condition of Premises
  • Assignment and Sublease
  • Dangerous Materials
  • Utilities and Services (landlord must check the utilities and services they shall be responsible for and write in any additional services, if any)
  • Pets – If pets are allowed, enter the amount of the pet deposit required
  • Alterations and Improvements
  • Damage to Premises
  • Maintenance and Repair
  • Right of Inspection
  • Holdover
  • Abandonment – Enter the amount of consecutive days that would constitute the definition of abandonment of the property
  • Extended Absences
  • Security
  • Severability
  • Insurance
  • Binding Effect
  • Governing Law
  • Entire Agreement
  • Notice
  • Cumulative Rights
  • Waiver
  • Indemnification
  • Legal Fees
  • Display of Signs
  • Noise – Enter the hours in which delivery and removal of furniture will be allowed
  • Parking – Check the appropriate box – if there is parking, specify how many vehicles are allowed to park normally
  • Balconies – Check the appropriate box
  • Bicycles
  • Locking of Entrance Doors
  • Dwelling
  • Water Leaks
  • Additional Terms and Conditions – If the landlord has additional information with regard to rules and regulations, enter them in the lines provided prior to provision of signatures
  • Signatures –

Landlord –

  • Signature
  • Printed name
  • AND
  • Tenant(s)
  • Signature(s)
  • Printed Name(s)

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