- What Is a New Mexico Residential Rental Application
- New Mexico Rental Applications by Type
- What to Include in a New Mexico Rental Application Form
- New Mexico Rental Application Laws
- New Mexico Rental Application Sample
- FAQs About New Mexico Rental Application Form
New Mexico Rental Application
What Is a New Mexico Residential Rental Application
Landlords use New Mexico rental applications to screen and assess potential tenants before committing to an official lease. This real estate document allows you to safely and confidentially collect this data from the applicant to make an informed decision on if they are the right option for your rental property.
Rental applications are also sometimes known as:
Applications for a rental property
Rental Lease applications
The rental application document you use must be designed with NM’s statutes in mind. Nevertheless, you can use a rental agreement to collect the following information:
The tenant’s rental history
Information about their income
Details on criminal record and credit history
Personal references for the applicant
New Mexico Rental Applications by Type
You will need to choose the correct type of rental application template depending on the people you are renting to and your property’s designation. There are two options to choose from in NM, which can be seen below.
|Standard/General Rental Application||Department of Housing and Urban Development (HUD) Rental Application|
|Which landlords can use it?||Private landlords||Landlords with Section 8 housing|
|What kind of tenants is it designed for?||Any||Tenants eligible for subsidized housing|
What to Include in a New Mexico Rental Application Form
When you fill in a simple rental application form for New Mexico you’ll need to ask for some crucial data from the tenant to make the vetting process as effective as possible.
When you create your own application for a rental property, you should request the following information:
Permission for background checks
Furthermore, landlords must make a number of important disclosures on a standard rental application form. This information might include:
The property’s condition
Potential hazards to the tenant
Shared utility arrangements
Rent control rules
The security deposit
New Mexico Rental Application Laws
There are a few laws that must be followed in New Mexico when you create a rental application for tenants. Failure to comply with these rules could lead to serious legal consequences and allow the tenant to sue.
There is no limit in terms of what application fee can be charged by New Mexico landlords (No statute). Furthermore, the application fee is non-refundable regardless of its amount.
New Mexico landlords may charge up to 1 month’s rent as a security deposit for rents of less than a year (§ 47-8-24). There is no limit when the lease is 1 year or longer, but the landlord must pay the tenant annual interest.
Housing Discrimination Law
In New Mexico, there is no specific state law relating to housing discrimination. However, the Fair Housing Act (FHA) is in place. The FHA states that it is illegal to discriminate based on the following characteristics:
As a consequence, you are not allowed to ask for any of these details on an NM Rental Application form, nor to include them in the decision-making process.
Notice of Eligibility
Tenants must be told about any specific screening criteria, as well as the reasons that they could be denied or approved by the landlord. To show that this information has been shared, a signature of acknowledgment from the tenant is required (NM Stat § 7-1-4.4)
Consent Credit Check
Under the Federal Credit Reporting Act (FCRA), tenants being screened in New Mexico must consent to any credit checks you wish to carry out (NM Stat § 56-3A-4). To make sure you comply with the law, the applicant must provide written acknowledgment of the screening on the application form.
New Mexico Rental Application Sample
Before starting your own New Mexico rental application, it’s a good idea to look over a sample document first. Use our example rental application below to get a clearer idea of what you should include and how the final form will appear.
FAQs About New Mexico Rental Application Form
Having a good idea of what you can and cannot use an NM rental application for is important. In our FAQs below, we explain what is and isn’t allowed when you create your own form.
How to Fill Out a New Mexico Rental Application
Creating a New Mexico rental application can be easily done with the help of our contract maker and template tools. When you fill out a rental application form, you will usually request the following information from the tenant:
Permission for background checks
You must also include important legal disclosures on the property and the lease agreement being proposed. This will outline details on the condition of the property, any hazards, and information on aspects such as security deposit and fees. Our template designer will help you add the data that must be added.
Why Do I Need a New Mexico Rental Application?
An NM rental application gives you the opportunity to learn more about your tenant before committing to a legal contract with them. The application lets you collect data on your prospective rental resident, so you may carry out important checks to:
Review their rental history
Verify their employment and income
Learn of any criminal history or credit issues
What Is The Screening Process in New Mexico?
When you wish to rent out your property to a tenant, you can use a New Mexico rental application to check the potential resident before they move in. This allows you to get important background information from the applicant.
In NM you might use a rental application to find out any of the following about a prospective tenant:
Whether they can afford rent or not
If they have a positive or negative rental history
If they are employed
Their credit history
Whether they have committed any crimes or felonies