New Mexico Mandatory Rental Disclosures

1. Lead-Based Paint Disclosure

If this property was built before 1978, the following applies:

• Month2Month will disclose any known lead-based paint or lead-based paint hazards in the property prior to lease execution.
• Month2Month will provide all available records and reports pertaining to lead-based paint in the property.
• The tenant will receive a copy of the EPA-approved pamphlet "Protect Your Family from Lead in Your Home."

For more information: National Lead Information Center at 1-800-424-LEAD (5323) or www.epa.gov/lead.

2. Security Deposit

Deposit Limits

Pursuant to NM Stat §47-8-18, the security deposit for any residential rental may not exceed one month's rent. If there is a pet deposit, it is in addition to the security deposit but also may not exceed one month's rent. The total of all deposits (security plus pet) may not exceed the amounts permitted by statute.

Permitted Uses

Your security deposit may be used for: unpaid rent; costs to repair damages to the premises caused by the tenant beyond ordinary wear and tear; and other amounts owed under the rental agreement.

Return of Deposit

Pursuant to NM Stat §47-8-18(D), the landlord shall return the deposit or provide a written itemized statement of deductions within 30 days after termination of the rental agreement and delivery of possession of the premises. The statement must itemize each amount withheld and the reasons for withholding.

Disputes

If the landlord fails to return the deposit or provide an itemized statement within 30 days, the landlord forfeits the right to withhold any portion of the deposit. The tenant may bring a civil action to recover the deposit, and the court may award the tenant damages, court costs, and reasonable attorney's fees.

3. Owner and Property Manager Information

Pursuant to NM Stat §47-8-19, the landlord shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of the person authorized to manage the premises and the owner of the premises or a person authorized to act on behalf of the owner for the purpose of service of process and receiving notices and demands.

Your lease agreement contains the specific owner information, property manager contact information, and emergency maintenance contact for your property. Month2Month serves as the property manager for all properties in our portfolio.

General Contact: [email protected]

4. Smoke Alarms and Carbon Monoxide Detectors

All Month2Month rental properties are equipped with operable smoke alarms and carbon monoxide detectors installed in compliance with New Mexico law and the New Mexico Building Code. Smoke detectors are installed in each sleeping room, outside each sleeping area, and on every level of the dwelling. Carbon monoxide detectors are installed in dwellings with fuel-burning appliances or attached garages.

Tenant Responsibilities

• Do not disable, disconnect, cover, or tamper with any smoke alarm or carbon monoxide detector.
• Test all devices monthly by pressing the test button.
• Report immediately if any device is chirping, not functioning, or missing.
• Do not remove batteries.
• If you hear the carbon monoxide alarm sound continuously, evacuate immediately and call 911.

Month2Month is responsible for ensuring all devices are operable at the beginning of each tenancy and for maintaining them throughout, including replacing batteries and units as needed.

5. Mold Disclosure

Mold can cause health problems, especially for people with allergies, asthma, or weakened immune systems. While New Mexico does not have a specific mold disclosure statute, landlords must maintain premises in a fit and habitable condition under the Uniform Owner-Resident Relations Act, which includes addressing mold conditions that affect habitability.

Month2Month is not aware of any mold in the rental property that exceeds permissible exposure limits or poses a health threat at the time of your lease. If mold is discovered during your tenancy, Month2Month will take appropriate remediation action.

Tenant Responsibilities to Prevent Mold

1. Ventilate your home: Open windows regularly, use exhaust fans in bathrooms and kitchens, and ensure air circulation.
2. Control moisture: Wipe up spills and leaks immediately, do not let water accumulate, and report any leaks or water damage to Month2Month immediately.
3. Use heating and air conditioning: Maintain reasonable temperatures and use climate control systems to reduce humidity.
4. Clean regularly: Regular cleaning prevents mold from establishing itself.
5. Report problems immediately: If you see mold, smell musty odors, or notice water damage, report it to Month2Month right away.

New Mexico's arid climate reduces but does not eliminate mold risk, particularly in bathrooms, kitchens, and areas subject to evaporative cooler moisture. Prompt reporting of leaks and moisture issues is essential.

6. Bed Bug Disclosure

While New Mexico does not have a specific bed bug disclosure statute, landlords are required under the Uniform Owner-Resident Relations Act to maintain the premises in a fit and habitable condition, which includes addressing pest infestations including bed bugs.

Identification

Bed bugs have six legs and flat bodies about 1/4 inch long, ranging from red-brown to copper colored. They do not fly but move quickly over surfaces. They hide in mattress seams, box springs, bed frames, headboards, furniture crevices, baseboards, and wall cracks. They feed on human blood at night.

Signs of Infestation

Look for small blood stains on sheets, dark spots (excrement) on mattresses or walls, shed skins, and a sweet musty odor. Bites may appear as red, itchy welts in a line or cluster, though some people do not react.

Prevention

• Inspect your mattress, box spring, and bed frame regularly.
• When traveling, inspect hotel rooms and luggage before returning home.
• Do not bring used mattresses or upholstered furniture into the home without thorough inspection.
• Reduce clutter to eliminate hiding places.

Month2Month has no knowledge of any bed bug infestation in your specific rental unit. If Month2Month becomes aware of bed bug infestation during your tenancy, you will be notified immediately and professional treatment will be arranged.

7. Methamphetamine Contamination Disclosure

Pursuant to New Mexico's Clandestine Drug Laboratory Remediation Act, a property that has been used for the illegal manufacture of controlled substances or that has been contaminated by such manufacture must be reported to the New Mexico Environment Department. The property may not be inhabited until it has been assessed and decontaminated to meet state standards.

The owner of a contaminated property must disclose to any prospective renter or buyer that the property was contaminated, the contamination level, and the decontamination status. A certificate of fitness from the New Mexico Environment Department must be obtained before the property can be re-occupied.

Month2Month certifies that, to its knowledge, no property in its portfolio has been used for the illegal manufacture of controlled substances or is currently contaminated. If applicable to a specific property, this disclosure will be provided separately prior to lease execution.

8. Domestic Violence Protections

Right to Terminate Lease Early

Pursuant to NM Stat §47-8-33(J), a tenant who is a victim of domestic abuse may terminate a rental agreement upon providing written notice to the landlord, accompanied by one of the following:

• A copy of an order of protection issued by a court
• A copy of a police report documenting the domestic abuse
• A written verification from a domestic violence service provider or health care provider

Right to Request Lock Changes

A tenant who is a victim may request that the landlord change the locks to the dwelling unit. Month2Month will change the locks within a reasonable time of receiving a written request accompanied by qualifying documentation. If Month2Month is unable to change the locks promptly, the tenant may change the locks and must provide a copy of the new key to Month2Month.

Protection from Eviction

A landlord may not terminate a tenancy or refuse to renew a rental agreement based solely on the tenant's status as a victim of domestic abuse. An incident of domestic abuse committed against a tenant is not grounds for eviction of the victim.

Confidentiality

Month2Month will maintain the confidentiality of any information provided by a tenant who is a victim. Documentation provided will be kept in a secure file and will not be disclosed to third parties except as required by law.

Resources

• National Domestic Violence Hotline: 1-800-799-7233 (TTY: 1-800-787-3224)
• New Mexico Coalition Against Domestic Violence: 1-800-773-3645
• National Sexual Assault Hotline: 1-800-656-4673
• New Mexico Legal Aid: www.newmexicolegalaid.org · 1-833-545-4357

9. Uniform Owner-Resident Relations Act

The New Mexico Uniform Owner-Resident Relations Act (UORRA) governs the rights and obligations of both landlords and tenants in residential rental properties in New Mexico.

Landlord Obligations

Pursuant to NM Stat §47-8-20, the landlord shall:

• Comply with all applicable building and housing codes materially affecting health and safety
• Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition
• Keep all common areas in a clean and safe condition
• Maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord
• Provide and maintain appropriate receptacles and conveniences for the removal of garbage and waste
• Supply running water and reasonable amounts of hot water at all times and reasonable heat
• Provide smoke detectors in working order

Tenant Obligations

Pursuant to NM Stat §47-8-22, the tenant shall:

• Comply with all applicable building and housing codes materially affecting health and safety
• Keep the premises as clean and safe as the condition of the premises permits
• Dispose of all garbage and waste in a clean and safe manner
• Keep all plumbing fixtures as clean as their condition permits
• Use all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances in a reasonable manner
• Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises
• Conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that does not disturb other residents' peaceful enjoyment

Tenant Remedies

If the landlord fails to comply with the UORRA, the tenant may, after providing written notice and allowing a reasonable time to cure, pursue remedies including:

• Terminating the rental agreement if the noncompliance materially affects health and safety
• Pursuing civil action for damages, including actual damages, injunctive relief, and reasonable attorney's fees
• Recovering possession of the premises

10. Furnished Property Disclosure

All Month2Month rental properties are provided fully furnished. All furniture, appliances, fixtures, and household items in the property are the property of Month2Month or the property owner and are provided for your use during the term of your lease.

Your Responsibilities

• Maintain all furnished items in the same condition as received, allowing for ordinary wear and tear.
• Use all items for their intended purpose only.
• Do not remove any furnished items from the property.
• Report any damage to furnished items within 48 hours of discovery.
• Do not repair or replace items yourself without prior written approval.

Damage vs. Normal Wear and Tear

Replacement Responsibility

• Tenant-caused damage: Tenant is responsible for the cost of repair or replacement (at depreciated value) of items damaged beyond normal wear and tear. Costs may be deducted from the security deposit.
• Missing items: Tenant is responsible for full replacement cost.
• Normal wear items: Month2Month replaces items that reach end-of-life through normal use.
• Appliance malfunction: If an appliance fails due to normal use or age, Month2Month is responsible for repair or replacement.

Cleaning Standards

The property must be returned in the same level of cleanliness as at move-in. Maintain the kitchen, bathrooms, floors, furniture, and linens in clean condition throughout your tenancy. If professional cleaning is required beyond what is attributable to normal wear and tear, cleaning costs may be deducted from the security deposit.

Inventory

A detailed furniture and household inventory checklist will be provided at move-in. Month2Month will document the condition of all items through photography. You will receive a copy of the move-in condition report.

11. Tenant Rights and Responsibilities

Your Rights Under New Mexico Law

1. Habitable Housing: Your rental unit must be maintained in a fit and habitable condition, including compliance with building and housing codes, plumbing, heating, electricity, and freedom from vermin. (NM Stat §47-8-20)
2. Privacy: Your landlord must give at least 24 hours' notice before entering your unit (except in emergencies) and may only enter during reasonable hours for specific lawful purposes. (NM Stat §47-8-24)
3. Return of Security Deposit: Your deposit must be returned within 30 days after move-out, with an itemized statement of any deductions. The deposit may not exceed one month's rent. (NM Stat §47-8-18)
4. Freedom from Discrimination: You cannot be discriminated against based on race, color, religion, sex, national origin, ancestry, familial status, disability, sexual orientation, gender identity, or spousal affiliation. (NM Human Rights Act, NM Stat §28-1-7)
5. Freedom from Retaliation: Your landlord cannot retaliate against you for exercising your legal rights, including filing complaints with government agencies or exercising remedies under the UORRA. (NM Stat §47-8-39)
6. Repairs and Maintenance: You have the right to request repairs for conditions that affect health and safety, and your landlord must respond within a reasonable time. (NM Stat §47-8-20)
7. Protection from Unlawful Eviction: Your landlord must follow proper legal procedures and cannot use "self-help" eviction methods such as changing locks, removing doors, or shutting off utilities. (NM Stat §47-8-36)
8. Domestic Violence Protections: Victims of domestic violence have the right to terminate their lease early and request lock changes. (NM Stat §47-8-33(J))

Your Responsibilities

1. Pay rent in full and on time.
2. Keep the unit clean and sanitary.
3. Avoid damaging the property beyond normal wear and tear.
4. Promptly report maintenance issues, leaks, mold, pests, or safety hazards.
5. Allow reasonable access for repairs and inspections with proper notice.
6. Comply with all lease terms including occupancy limits, pet policies, and use restrictions.
7. Avoid creating nuisances or disturbing other residents.
8. Provide proper notice before moving out and return the property in clean condition.

Resources

• New Mexico Legal Aid: www.newmexicolegalaid.org · 1-833-545-4357
• New Mexico Human Rights Bureau: www.dws.state.nm.us
• New Mexico Attorney General Consumer Protection: www.nmag.gov
• Domestic Violence Hotline: 1-800-799-7233
• Fair Housing Hotline: 1-800-669-9777