If you’re investing in Albuquerque rental real estate from outside of New Mexico, you’re in a generally strong spot legally speaking. We’re often considered a landlord-friendly state, thanks to state laws that prohibit rent control and a reasonable set of standards when it comes to eviction, habitability, and fair housing.
There are a number of landlord and tenant laws that need to be followed, however, and we’re highlighting a few of the most important legal considerations for out-of-state investors.
Uniform Owner Resident Relations Act
New Mexico’s landlord-tenant law is primarily governed by the Uniform Owner Resident Relations Act, and then supplemented by various federal laws and regulations. It is crucial to be familiar with these laws, especially if you don’t live here locally and you need to keep up from afar.
- Authorized Agent Disclosure
You need to disclose who your local Albuquerque property manager is. Include this information in your lease agreement, and make sure your tenants know who to reach out to during the tenancy. In Albuquerque, there has been a lot of organizing by tenants who are displeased with their out-of-state landlords and property managers recently. Make sure your tenants know that you have a local manager who can respond right away to any problems or maintenance issues they may have.
- Eviction in Albuquerque
New Mexico law allows eviction for several reasons, including non-payment of rent, material non-compliance, substantial violation notice, and a 30-day notice at the end of a lease term. If a tenant is engaged in illegal activity, you can evict them right away. Notices must be given and a strict eviction process must be followed. Talk to an attorney or a property manager before you evict.
- Security Deposits
The maximum security deposit landlords in Albuquerque and throughout New Mexico may ask for the tenant to pay is equivalent to the cost of one month’s rent. You’ll have 30 days from the move-out date to return your tenant’s deposit. If you’re keeping some or all of the deposit, include an itemized list of what was withheld and why.
Fair Housing and Avoiding Discrimination
The Federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, national origin, sex (including gender identity and sexual orientation), familial status, religion, or disability. New Mexico state law adds fair housing protections based on ancestry or spousal affiliation.
Tenants with disabilities can request reasonable accommodations, such as service animals or changing rent due dates to align with benefit payments. As the property owner, you must provide reasonable accommodations to tenants with disabilities to ensure equal enjoyment of the dwelling unit.
Albuquerque and Bernalillo County prohibit discrimination based on a tenant’s source of income. This is an important local law; you cannot refuse tenants with Section 8 vouchers or set higher rents specifically targeting voucher holders.
It’s essential that you work with a local property management company in Albuquerque when you’re renting out a home here from outside of the state. Not only does this better protect your property and your rental income, it also protects you from the risk and liability that can come with making a legal mistake.
We’re here to help. Please contact us at Bruni Karr Agency, and we’ll provide all the Albuquerque property management resources and support that you need.
