Application to Sublease - New Mexico

Application to Sublease is a legal document that was released by the New Mexico State Land Office - a government authority operating within New Mexico.

FAQ

Q: What is a sublease?
A: A sublease is when a tenant rents out all or part of their rental property to another person, known as the subtenant.

Q: Do I need permission to sublease in New Mexico?
A: Yes, you typically need permission from your landlord to sublease in New Mexico.

Q: What should be included in a sublease agreement?
A: A sublease agreement should include the names of all parties involved, the rental property address, the duration of the sublease, the rent amount, and any other terms and conditions.

Q: Can a landlord refuse to allow subleasing?
A: Yes, a landlord can refuse to allow subleasing if it is not explicitly allowed in the original lease agreement.

Q: What are the responsibilities of the original tenant in a sublease?
A: The original tenant is still responsible for paying rent and ensuring that the subtenant complies with the terms of the sublease agreement.

Q: Can a subtenant be evicted by the landlord?
A: Yes, if the subtenant violates the terms of the sublease agreement or the original lease agreement, they can be evicted by the landlord.

Q: What should I do if I want to sublease my rental property?
A: If you want to sublease your rental property, you should first check your lease agreement and obtain permission from your landlord. Then, you can create a sublease agreement with the subtenant and ensure that all necessary paperwork is completed.

Q: Is a sublease different from an assignment?
A: Yes, a sublease involves renting out part or all of the rental property to a subtenant, while an assignment involves transferring the lease agreement to another person entirely.

Q: Can the landlord increase the rent for a sublease?
A: In New Mexico, the landlord can only increase the rent for a sublease if it is allowed in the original lease agreement.

Q: What happens if the original tenant fails to pay rent?
A: If the original tenant fails to pay rent, they are still responsible for the payment and may face consequences such as eviction or legal action from the landlord.