New Mexico Co-Living Spaces: Regulations & Renter Tips

Co-living spaces, which include shared apartments, homes, or rooms, are rising in popularity across New Mexico due to their affordability and built-in communities. If you're considering or currently living in one of these arrangements, it's vital to know your rights, responsibilities, and the latest regulations to ensure a safe and legal rental experience. This guide walks you through the essentials, official forms, helpful resources, and practical tips for co-living renters in New Mexico.

Understanding Co-Living and Shared Housing in New Mexico

Co-living in New Mexico typically means two or more unrelated adults share a home, apartment, or group house. In these situations, residents often have private bedrooms but share common spaces like kitchens, bathrooms, and living areas.

Are Co-Living Spaces Legal?

• Yes, co-living is legal in New Mexico, but renters must comply with state and local laws, including occupancy limits and health codes.
• Check local ordinances (such as in Albuquerque or Santa Fe) for rules on the number of unrelated people who may occupy a single unit.
• Renters in co-living situations have the same rights and obligations as other tenants under New Mexico law.

Key Rights and Responsibilities for Roommates and Subtenants

The New Mexico Uniform Owner-Resident Relations Act is the main legislation protecting renters. It ensures basic rights for all tenants, including those in co-living setups¹.

Important Points for Co-Living Renters

• Lease Agreements: If your name is on the lease, you have direct rights with the landlord. If subletting, ensure you have written approval (if required).
• Security Deposits: Each roommate should clarify how the deposit is paid, held, and refunded at move-out.
• Maintenance & Repairs: All tenants are entitled to a safe, habitable space. Submit written maintenance requests to your landlord or property manager.
• Eviction Protection: All tenants, including co-living residents, are protected under New Mexico law against unlawful evictions.

Official Forms for Shared Housing Arrangements

Below are official forms that commonly affect co-living renters in New Mexico. Using the correct forms helps protect your rights and ensures clear communication between roommates and landlords.

• Residential Rental Agreement (No official form number):
  This is the primary contract between residents and landlords. Each roommate should be listed on the agreement if possible.
  Example: If you join a shared house mid-lease, request to be added to the agreement for full protection.
  Download a sample from the New Mexico Real Estate Commission Forms page.
• Request for Repairs or Maintenance (Written Notice Recommended):
  Submit a written notice to your landlord when repairs are needed per Section 47-8-27.
  Example: If plumbing fails in a shared unit, send a dated, written request to your landlord to start the legal repair timeline.
• Notice of Intent to Vacate (No official form number):
  Tenants must provide written notice if moving out. Standard notice is 30 days for month-to-month, per Section 47-8-37.
  Example: If you want to leave your co-living situation, give your landlord and roommates a 30-day written notice.

Resolving Disputes in Co-Living Arrangements

If you face issues with roommates or subletting in a co-living space, first try to resolve them through direct, respectful communication. If problems persist (like unauthorized guests, late payments, or noise), put your concerns in writing and document all interactions.

How to Seek Further Help

• If disputes escalate or involve your landlord, you can file a claim or seek mediation through the Bernalillo County Metropolitan Court or appropriate district court. This court oversees most residential landlord-tenant matters in New Mexico².
• Always keep records of your lease, payment receipts, and communications.

Tips for a Positive Co-Living Experience

• Choose roommates you trust and set clear expectations early.
• Clarify rent payment methods and division of utilities in writing.
• Know your rights under the Uniform Owner-Resident Relations Act.
• Communicate promptly to address small issues before they grow.

FAQ: Co-Living and Shared Housing in New Mexico

1. Do all roommates need to be on the lease in New Mexico?
   If possible, yes—all residents should be listed on the lease to ensure legal protection. Otherwise, only those on the lease have direct rights with the landlord.
2. Can I sublet my room in a co-living situation?
   Only if your lease allows it and usually with your landlord's written permission. Always check your lease terms.
3. What should I do if a roommate does not pay their share of rent?
   Notify your landlord and consider joint communication or written agreements with other roommates. If the issue persists, you may need to seek mediation or legal action.
4. How much notice does a roommate need to move out?
   For month-to-month rentals, New Mexico law typically requires 30 days' written notice.
5. Where can I get legal help for a co-living dispute?
   The Bernalillo County Metropolitan Court or your local district court can assist with rental disputes. See resources below for more support.

Need Help? Resources for Renters

• Bernalillo County Metropolitan Court, New Mexico’s main tribunal for landlord-tenant disputes
• Uniform Owner-Resident Relations Act (official state legislation)
• New Mexico Real Estate Commission: Sample Rental Forms
• Law Help New Mexico (free legal aid for renters)
• Santa Fe Housing Office and Albuquerque Housing Assistance for local support and mediation

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1. See Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47 Article 8)
2. See Bernalillo County Metropolitan Court – Landlord/Tenant Division

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