Short-Term Airbnb Sublets and New Mexico Tenant Law

If you're renting in New Mexico and considering using Airbnb or other short-term rental platforms, it's important to know your rights and obligations. Understanding New Mexico law about short-term subletting, landlord permissions, and local ordinances can help you avoid disputes and protect your home.

Understanding Short-Term Sublets and Airbnb Rentals in New Mexico

Short-term rentals (under 30 days) through platforms like Airbnb are popular but create unique legal questions for renters. In most cases, renting out your unit or a room to someone else, even for a night, is considered subletting and triggers specific rules under New Mexico law.

What Counts as a Sublet or Short-Term Rental?

• Sublet: Letting someone else live in your rented home for any period while you remain legally responsible for the lease.
• Short-term rental: Hosting guests (often strangers) for a period typically less than 30 days, usually for a fee.

Using Airbnb or a similar service usually qualifies as both a sublet and a short-term rental under New Mexico law.

Do You Need Landlord Permission for an Airbnb Sublet?

Yes. In New Mexico, renters generally must obtain written landlord consent before subletting or allowing any other occupant who isn’t listed on the lease to stay. This protects both the renter and the landlord from liability and possible lease violations. Check your lease for any terms about guests, subletting, or Airbnb specifically.

What If My Lease is Silent on Subletting?

If your lease does not mention subleasing, you should still request permission. The New Mexico Uniform Owner-Resident Relations Act gives landlords the right to approve or deny subletting arrangements. Failing to obtain permission can be grounds for eviction.^[1]

Local City and County Regulations

Some New Mexico cities and counties regulate or restrict short-term rentals. For instance, Albuquerque requires a permit for short-term rentals and limits their use in certain zones. Always check with your local municipality before listing your unit on Airbnb. Violating local rules could result in fines or eviction.

What Happens If You Sublet Without Permission?

Unauthorized subletting (including Airbnb hosting) is usually a lease violation. Landlords may seek to terminate your tenancy or begin the eviction process if they discover a prohibited sublet.

If you receive an eviction notice related to unauthorized subletting, you have rights. The landlord must follow proper notice procedures and, if you dispute the eviction, you have the opportunity to respond before a judge. More information is available from the New Mexico Magistrate Courts (which handle landlord-tenant disputes statewide).

Required Forms and How to Use Them

• Notice of Proposed Sublease (Resident’s Request): There is no standard state form, but it’s best to provide a written letter stating your intent to sublet and request the landlord’s written approval. State your name, unit, proposed subtenant’s name, rental term, and whether you plan to remain in the property.
  Always keep a copy of your request and any landlord response for your records.
• Notice of Lease Violation (Form 4-902): If your landlord claims you are violating your lease (for example, by running an unauthorized Airbnb), they must give you a written notice. See Form 4-902 – Notice of Violation of Rental Agreement. This form explains what violation occurred and allows you a set time to fix the problem or move out.
• Petition by Owner for Restitution (Form 4-904): If eviction goes forward, your landlord may file this form with the court. See Form 4-904 – Uniform Owner-Resident Relations Act, Petition by Owner. If you want to respond, attend the hearing or file your own written response.

Relevant Law and Where to Get Help

• New Mexico Uniform Owner-Resident Relations Act sets out landlord and tenant rights statewide.^[1]
• The New Mexico Magistrate Court administers landlord-tenant cases and eviction proceedings.

1. Can my landlord refuse an Airbnb sublet even if I always pay rent on time?
   Yes, unless your lease specifically allows subletting, your landlord can refuse permission for an Airbnb sublet for any lawful reason.
2. What should I do if I receive a Notice of Lease Violation for hosting on Airbnb?
   Read the notice carefully, fix the issue if you can, and respond to your landlord in writing. If eviction is threatened, you may attend the court hearing or seek help from legal services in New Mexico.
3. Can I be evicted immediately for unauthorized subletting?
   No. You are entitled to written notice and a chance to cure the violation. Actual eviction requires a court process and order.
4. Does Albuquerque require a special Airbnb permit?
   Yes, Albuquerque renters must obtain a permit and comply with city zoning. See details on the city's Short-Term Rentals page.
5. What if my landlord verbally agrees to an Airbnb but doesn’t put it in writing?
   Always get permission in writing. Verbal agreements are hard to prove in court if issues arise.

Need Help? Resources for Renters

• New Mexico Magistrate Court: Handles rental law disputes, including eviction hearings.
• New Mexico Mortgage Finance Authority (Housing Resources): General housing assistance and resources.
• Law Help New Mexico: Free or low-cost legal help for tenants facing sublet or eviction issues.
• City of Albuquerque Short-Term Rentals: For permit requirements and local rules.

---

1. New Mexico Uniform Owner-Resident Relations Act, NMSA 1978 §§ 47-8-1 to 47-8-52

Summary of Key Takeaways:

• Always get written landlord permission before subletting or using Airbnb in New Mexico.
• Check local city and county rules to avoid violations or fines.
• If you receive an eviction notice, respond promptly and seek help if needed.

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations