Subletting Laws in New Mexico

New Mexico does not have any state laws concerning subletting. To sublet legally in New Mexico you should follow the instructions in your written rental agreement. Most form leases contain language that prohibits subleasing completely. Here is an example of a term you are likely to see in a New Mexico lease agreement:

The lessee herein further covenants and agrees that s/he will not sell, assign, transfer, relinquish, encumber or in any manner dispose of this lease or any part of it; also lessee further covenants and agrees for himself and others not to sublet the demised premises or any part or portion thereof nor in any manner permit the occupancy and use thereof by another or others.

If you read this in your lease before signing it, attempt to change the term so that you can sublet as long as you get landlord consent. Try to get language like "consent may not be unreasonably withheld for any suitable tenant" added to your lease so that your landlord cannot refuse to give you consent for no reason.

If your lease doesn't forbid subletting then you're still required to send your landlord a request for consent. Their approval must be in writing.

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