According to New Mexico Sublease Laws, a tenant’s ability to sublease a rental lies solely in what the lease agreement says. If a lease agreement doesn’t mention subleasing, then a tenant’s ability to sublease is up to the landlord. If the landlord grants permission, the tenant should get written permission.
A sublease is an agreement between the original tenant (sublessor or sublandlord) under a lease agreement for a rental unit and a new individual (sublessee or subtenant) who does not have a direct connection with the original lease agreement. The sublease agreement is tied to and incorporates the original (master) lease. In New Mexico, the language in the original lease controls. If the original lease requires the permission of the landlord for the tenant to enter into a sublease, the original tenant (sublessor) must obtain written permission from the landlord to do so. If the original lease contains no language giving permission for the tenant to enter into a sublease, the original tenant (sublessor) should obtain written permission from the landlord to do so. The original tenant (sublessor) is still bound by all the requirements/obligations under the original (master) lease agreement.
A New Mexico sublease agreement should include the following sections: