New Mexico Landlord Responsibility Statement

Effective Date: November 1, 2025
Jurisdiction: State of New Mexico
Applies To: All landlords, property managers, agents and listing entities using Tentunit to list residential rental properties (including student-, young-professional and family housing) in New Mexico.

1. Purpose

This Statement sets forth the operational, legal and ethical obligations that landlords must meet when listing properties via Tentunit in New Mexico. Use of the Tentunit platform constitutes the landlord’s agreement to this Statement, Tentunit’s Terms of Service, Payment Terms, Fair Housing & Equal Access Policy, and all applicable federal, state and local laws. This document is not legal advice; landlords should consult qualified counsel for full compliance.

2. Listing Accuracy, Transparency & Advertising Standards

Landlords must ensure every listing is truthful, current, and fully reflective of the actual unit and terms offered.

Required Disclosures:

Clearly state monthly rent, lease term (start-end or renewal/notice) and earliest availability date.
Detail all one-time and recurring fees: application/screening fees, move-in administration fees, pet fees or pet deposits, parking/amenity fees, utility re-billing or allocation if applicable.
State security deposit amount (or any fee-in-lieu, if permitted) and conditions for return or deductions, including timeframe.
Utility responsibilities: which utilities tenant will pay, which landlord pays; if sub-metering or allocation is used, method must be explained.
Provide photographs and descriptions that reflect the actual unit being offered, not a model unit unless clearly disclosed as such.
Provide screening criteria: income threshold, credit/rental history requirement, guarantor/co-signer policy, student eligibility or roommate policy if applicable.
Keep availability current: The listed unit must genuinely be available; if leased/held/unavailable, listing must be updated or removed without delay.

Prohibited Practices:

Marketing units that are not genuinely available without promptly updating status.
Misrepresenting material facts: number of bedrooms/bathrooms, square footage, condition, amenities, finishes, view or location.
Using “starting at” or “from” pricing without full disclosure of eligibility and unit availability.
Omitting material fees or hiding costs so that a reasonable renter is misled about total cost.
Bait-and-switch: advertising one unit or terms and offering materially different terms without full disclosure.

Relevant Law & Context:
New Mexico’s landlord-tenant relationships are governed under the Uniform Owner-Resident Relations Act (UORRA), NMSA 47-8-101 et seq. Listings and advertising must still comply with federal truth-in-advertising and fair-housing laws.

3. Fair Housing & Equal Access

All Tentunit landlords must comply with the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) and any applicable New Mexico state and local non-discrimination laws.
You must:

Use neutral and consistently enforced screening criteria for all applicants regardless of protected classes (race, color, religion, sex, national origin, disability, familial status, ancestry).
Provide reasonable accommodations and modifications for persons with disabilities when required by law.
Avoid discriminatory language or practices in advertising, screening, communication or leasing decisions.
Maintain documentation of screening criteria, decisions, and accommodation/modification requests.

4. Communication Standards & Platform Responsiveness

To support Tentunit’s student/young-professional rental focus and uphold platform integrity, landlords must maintain timely, documented communication:

Acknowledge listing inquiries, application submissions, maintenance/repair requests via Tentunit (or other documented channel) within 24 hours, and provide substantive follow-up within 48 hours.
Keep applicants informed of their status (approved, denied, wait-list) and keep tenants informed of scheduled entries, inspections, repairs or changes in lease/house-rules.
Maintain up-to-date listing information if rent, fees, utilities responsibilities, availability, photos or policies change, update the listing promptly.
Communicate professionally, respectfully and nondiscriminatory. Repeated failures or abusive/discriminatory conduct may result in listing suspension or account termination by Tentunit.

5. Lease Execution, Legal Compliance & Contract Terms

All leases executed via Tentunit (or through listings on Tentunit) in New Mexico must comply with state law and reflect best practice standards.

Required Lease Elements & Compliance:

Use a written lease (or properly executed electronic equivalent) — while New Mexico law allows oral agreements for certain shorter-term leases, written form is strongly encouraged and for leases over one year written form is required.
Include the full legal name and address of the landlord/agent for notices and service of process.
Clearly specify: rent amount, due date; lease term (fixed or periodic); renewal/termination mechanics; security deposit amount and handling; all recurring or one-time fees; utilities responsibilities; screening criteria; if applicable student/young-professional relevant terms (roommates, sub-letting, early termination).
Include required disclosures: e.g., federal Lead-Based Paint hazard notice for dwellings built before 1978; any local/state consumer protections.
Lease must not include provisions that waive statutory tenant rights or permit unlawful self-help eviction practices (lock-outs, utility shut-off, etc.). Many jurisdictions in New Mexico prohibit self-help evictions.
Ensure the notice and termination provisions comply with New Mexico law for month-to-month or periodic tenancies (e.g., 30-day written notice for month-to-month tenancy).

6. Habitability, Maintenance & Repair Obligations

Landlords must ensure that the leased premises are safe, habitable, clean and maintained in accordance with New Mexico law and best practice.
Key obligations include:

Maintain structural components: roof, walls, floors, windows/doors, stairways/handrails in safe condition.
Provide functioning utilities/systems if specified in lease or implied: plumbing, electricity, sanitation, secure locks/egress.
Respond in reasonable timeframe to tenant-reported conditions materially affecting health or safety. While state statute may not prescribe specific timeframe for all issues, practice indicates timely response is required.
Maintain documentation of repair requests, vendor/work-order completion, tenant notifications, before/after photographs.
Landlord must not retaliate against tenant for exercising legal rights (repair requests, deposit claims, complaints) retaliation is prohibited under New Mexico law.

7. Entry, Inspections & Tenant Privacy

Landlords must respect the tenant’s right to quiet enjoyment of the leased premises and provide access consistent with law and best practice.

Under statute, landlord must provide at least 24 hours’ written notice for non-emergency entry and entry must be at a reasonable time.
Entry permitted for legitimate reasons: repairs, inspections, showing property to prospective tenants/buyers, agreed improvements or as defined in lease.
Landlord should document: notice date/time, actual entry date/time, purpose, persons present, condition observed, and timestamped photographs where helpful.
At move-out, offering a walkthrough inspection and using a condition checklist with timestamped photos is best practice to support deposit deduction claims.

8. Security Deposit Handling & Administration

New Mexico law under NMSA § 47-8-18 governs security deposits.

Key Rules:

Maximum amount: For rental agreements of duration less than one year, security deposit cannot exceed one month’s rent. (§ 47-8-18(A)(2))
For rental agreements of one year or more, there is no statutory cap on the deposit—but if the deposit exceeds one month’s rent, the landlord must annually pay interest to the tenant equal to the passbook interest permitted by the Federal Home Loan Bank Board. (§ 47-8-18(A)(1))
On termination of the tenancy, landlord must provide within 30 days (after lease end or surrender) an itemized written list of any deductions plus remaining balance of deposit. (§ 47-8-18(C))
Landlord may apply the deposit to unpaid rent, damages beyond normal wear and tear, utility payments owed, or other lease-specified obligations. The landlord may not withhold deposit for normal wear and tear. (§ 47-8-18(C))
If landlord fails to provide written statement within 30 days, landlord forfeits the right to withhold any portion of the deposit, forfeits right to assert a counterclaim in action to recover deposit, is liable for court costs and attorney’s fees, and loses right to independent action for damages to the premises. (§ 47-8-18(D))
A landlord who in bad faith retains a deposit in violation is liable for a civil penalty of $250 payable to the tenant. (§ 47-8-18(E))

Tentunit Requirements for Landlords in New Mexico:

Use a move-in condition checklist (signed by landlord/agent and tenant) with date-stamped photographs at move-in.
Clearly disclose in the listing and lease: security deposit amount, conditions for deductions, timeframe for return, tenant forwarding address requirement.
Maintain ledger/documentation of deposit: receipt date/amount, forwarding address documentation, itemised deduction list (if any), refund date and proof of mailing/transfer.
Ensure deposit is either returned or itemised list provided and balance refunded within 30 days after lease termination or surrender.
Avoid labeling any portion of deposit as “non-refundable” unless clearly lawful and disclosed; avoid mixing deposit with prepaid rent or confusing the categories.
On property ownership/management transfer during tenancy: ensure deposit transfer or tenant notification according to best practice and state requirements.

9. Student-Housing & Young-Professional Specific Standards

Because Tentunit is targeted toward the student and young-professional rental market, landlords must observe additional elevated standards:

In listings clearly disclose: proximity to campus/university, public transit/parking policy and cost, sub-letting or early-termination/release policy, roommate/shared-housing policy if applicable, lease renewal/non-renewal policy.
Provide digital onboarding materials tailored for younger renters: move-in orientation, roommate/shared-housing rules, utility-setup instructions, emergency contact information.
Avoid practices that could be viewed as predatory toward students/young professionals (excessive non-refundable fees, opaque early termination clauses, forced guarantor/co-signer without alternative).
Maintain mobile/app-friendly communication channels (quick responses, after-hours support), clear expectations around roommates/shared-housing, house rules (cleaning schedules, guest/noise policy).
Ensure house rules (shared-spaces cleaning, noise/guest policy, roommate obligations) align with statutory tenant protections, are clearly disclosed in listing and lease, and are enforced consistently and fairly.

10. Documentation, Audit, Compliance & Platform Enforcement

Landlords must maintain institutional-level documentation; Tentunit retains strong enforcement rights.

Record-Keeping Requirements:
Landlords must maintain, for each property/tenancy:

Listing metadata: upload date, photo version history, fee schedule changes, availability updates.
Screening/application logs: inquiry date/time, screening criteria applied, applications received, approvals/denials, communications stored.
Executed lease file: signed lease (digital/paper), any amendments/renewals, disclosures, guarantor/co-signer documentation where applicable.
Maintenance/repair logs: tenant request date/time, vendor/work-order reference, completion date/time, tenant notification, before/after photographs.
Entry/inspection logs: notice sent date/time, entry date/time, purpose, persons present, condition observed, photographs.
Security deposit records: deposit amount & date collected, forwarding address documentation, itemised deduction list if any, refund date, proof of mailing or transfer.
Communication logs: listing inquiries, application status updates, maintenance scheduling, entry/inspection notices, lease renewal or termination communications via Tentunit portal or documented alternative channel.

Tentunit Enforcement Rights:
Tentunit may:

Audit landlord compliance (listing practices, lease documentation, maintenance/entry records, deposit handling) at any time without prior notice.
Suspend or remove listings for material or repeated non-compliance with this Statement, Tentunit’s policies or New Mexico/federal law.
Freeze or withhold landlord payouts tied to units flagged for unresolved compliance issues (deposit disputes, habitability complaints).
Terminate landlord’s platform account permanently for serious or repeated violations.
Report non-compliance or unlawful conduct to regulatory or enforcement agencies (e.g., New Mexico Attorney General, local housing authorities) as applicable.
Seek recovery of damages, attorney’s fees and platform enforcement costs where permitted by law.

11. Indemnification

Landlord agrees to defend, indemnify and hold harmless Tentunit, its affiliates, officers, directors, employees, agents and contractors from and against any and all claims, losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees) arising out of or related to:

Landlord’s breach of this Statement or any Tentunit policy;
Landlord’s violation of any federal, state or local housing/tenant-landlord laws/regulations;
Landlord’s mis-representation of the listing, unit condition, availability, terms or fees;
Tenant claims or disputes arising from landlord’s acts or omissions;
Platform investigations or regulatory enforcement triggered by landlord non-compliance.

12. Governing Law & Reference Statutes

New Mexico Statutes & Reference Materials:

N.M. Stat. § 47-8-18 – Deposits: regulation of security deposits, amounts, interest, deduction/return procedures. Justia Law+1
Landlord-Tenant law overview: “New Mexico Landlord-Tenant Laws” (Landlord Studio) – deposit, access/entry notice, late fees, termination notice. Landlord Studio+1
Security deposit law review: LeaseRunner “New Mexico Security Deposit Laws” (Feb 26 2025) detailing deposit cap/interest/return timeline. LeaseRunner
City of Santa Fe Landlord/Tenant Guide – outlines deposit limits, notice for rent changes, late fee cap. City of Santa Fe

Federal Law Foundations:

Fair Housing Act (42 U.S.C. § 3601 et seq.)
Lead-Based Paint Hazard Reduction Act (for dwellings built prior to 1978)
Servicemembers Civil Relief Act (SCRA) for eligible tenants