Understanding Joint and Several Liability for New Mexico Roommates

Sharing a rental home in New Mexico comes with certain legal obligations—especially regarding how roommates are held responsible for paying rent and following the lease. One of the most important concepts to understand is joint and several liability. Knowing your rights and duties can help avoid surprises if a roommate can’t pay their share, or if there’s a dispute with the landlord.

What Is Joint and Several Liability?

When a lease says tenants are “jointly and severally liable,” it means all roommates are each responsible for the full amount of rent and following every lease term. This is common in New Mexico rental agreements, by law or default if you all sign the same lease. If one roommate doesn’t pay or breaks the lease:

• The landlord can ask any one roommate for the full rent or costs of damage.
• The landlord can choose to pursue all tenants together or just one person for the entire debt.
• Roommates can still work out how to fairly split rent among themselves, but the landlord does not have to respect those arrangements.

For detailed information, see the New Mexico Uniform Owner-Resident Relations Act.^[1]

How Does This Affect Roommates?

Here’s how joint and several liability typically impacts shared housing:

• If one roommate leaves or stops paying, everyone else is still responsible for the full rent and damages.
• Landlords may pursue the most financially secure or easiest-to-locate tenant for unpaid amounts.
• If you end up paying more than your share due to a roommate’s nonpayment, you may have a separate claim against them in small claims court.

Real-Life Example

Maria, Sam, and Taylor rent an apartment together in Albuquerque and all sign the same lease. When Taylor moves out three months early, the landlord requires Maria and Sam to pay the full rent—even though their agreement was to split equally. Because of joint and several liability, the landlord can collect all owed rent from any of the remaining tenants.

What Forms Might Be Needed?

If you need to make a change or assert your rights, you might come across these official forms:

• New Mexico Notice to Vacate (no official number)
  When a roommate wants to move out, they (or all tenants) may need to provide written notice to the landlord. This is not a standard state form, but you can use a written notice template stating your intent and date to vacate. See official forms from the New Mexico Real Estate Commission for guidance.
• Rental Complaint Form – New Mexico Attorney General’s Office
  If you believe your landlord is unfairly holding you responsible or violating the lease, you can submit a complaint using the Rental Complaint Form. This form is used to report disputes such as improper charges or failure to maintain property.

Useful Renter Tips

What Government Body Handles Rental Disputes?

In New Mexico, rental disputes and landlord-tenant issues under residential law are typically addressed in the local Magistrate or Metropolitan Court. For more information, visit the New Mexico Courts Landlord-Tenant Resources page.^[2]

Relevant New Mexico Rental Laws

• Uniform Owner-Resident Relations Act (UORRA) – Main legislation for landlord and tenant rights in New Mexico^[1]

This act sets out how leases, rent, deposits, and roommate obligations are handled by law.

FAQs: New Mexico Roommates and Shared Liability

1. Can the landlord make me pay if my roommate doesn’t?
   Yes. If your lease has joint and several liability (which most do if everyone signed the same lease), the landlord can require you alone to pay the full rent, even if it was your roommate who did not pay.
2. What if my roommate wants to move out but I want to stay?
   If all tenants are on the lease, you remain fully responsible for rent. Your best step is to notify your landlord in writing and try to sign a new lease or add a replacement roommate with landlord approval.
3. Can I force my roommate to pay me back if I cover their share?
   Yes. While the landlord isn’t required to get involved, you can take your roommate to small claims court if they don’t pay you back.
4. Do I need my landlord’s approval to add a new roommate?
   Yes. Most leases require landlord consent for adding or replacing a roommate. Document all changes and get written landlord approval before anyone moves in.
5. Where do I go if I have a dispute?
   First, try mediation or direct discussion. If unresolved, you can file a complaint or start a small claims case in your local Magistrate or Metropolitan Court.

Key Takeaways

• Joint and several liability means each roommate is responsible for the entire rent and damages—not just their own share.
• If one roommate can’t pay or leaves, others must cover the gap to avoid default or eviction.
• Put clear agreements in writing and communicate regularly with your landlord about changes.

Understanding your obligations under New Mexico law can help you protect yourself when sharing housing.

Need Help? Resources for Renters

• New Mexico Courts Landlord-Tenant Self Help – Court procedures and guides
• New Mexico Attorney General’s Consumer & Tenant Protection
• New Mexico Legal Aid – Free legal help for qualifying residents
• NM Real Estate Commission Forms – Lease and rental forms

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1. Uniform Owner-Resident Relations Act (UORRA), New Mexico Statutes Annotated, Chapter 47, Article 8.
2. New Mexico Courts Landlord-Tenant.

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