New Mexico Prohibited Lease Clauses
4 restricted clause typesOur New Mexico law database tracks 4 lease clause types that state law prohibits or restricts (3 illegal, 1 typically unenforceable). Even if you signed a lease containing one, an illegal or unenforceable clause is generally void — you have not waived the underlying right.
Educational information: generated from our New Mexico law database (last updated 2024-01-01). Not legal advice.
Clause types restricted by New Mexico law
Waiver of implied warranty of habitability
Likely IllegalLegal basis: New Mexico Statutes Section 47-8-20
Waiver of tenant rights
Likely IllegalLegal basis: New Mexico Statutes Section 47-8-18
Confession of judgment clause
Likely IllegalLegal basis: New Mexico Statutes Section 47-8-18
Late fee exceeding 10%
Often UnenforceableLegal basis: New Mexico Statutes Section 47-8-15
Frequently asked questions
- What lease clauses are illegal in New Mexico?
- New Mexico law restricts 4 clause types tracked in our database, such as: waiver of implied warranty of habitability; waiver of tenant rights; confession of judgment clause.
- Is a lease still valid if it contains an illegal clause in New Mexico?
- Usually yes — the offending clause is void or unenforceable, but the rest of the lease typically remains in effect. You generally cannot be held to a clause that violates state law even if you signed it.
- Which law prohibits "waiver of implied warranty of habitability" in New Mexico?
- New Mexico Statutes Section 47-8-20.
Check Your Lease Against New Mexico Law
Not sure whether your lease complies with New Mexico law? Upload it and our analyzer flags problem clauses — deposit terms, entry rights, fees and prohibited provisions — using the same statute-backed database this page is generated from.
Analyze My Lease FreeEducational tool — not legal advice. First analysis is free, no signup required.
More New Mexico lease law guides
- New Mexico rental lease laws — overview
- New Mexico security deposit limit
- New Mexico deposit return deadline
- New Mexico deposit interest rules
- New Mexico landlord entry notice
- New Mexico late fee laws
- New Mexico rent grace period
- New Mexico required disclosures
Prohibited Lease Clauses in other states
Educational information generated from state statute data — not legal advice. Consult a licensed attorney in New Mexico for your specific situation.