In New Mexico, a sublease agreement is a legally binding contract between two tenants; a sublessor, the original tenant who signed the lease, and a sublessee, a new tenant who will be moving in. This type of agreement would come into play when the sublessor (the original tenant) will be absent from the rental for an extended period of time but does not want to break the lease for whatever reason. Instead of breaking the lease, which could cause the tenant to pay hefty fees, and potentially lose his or her deposit, the tenant would sublease the apartment, which would. Once the sublessor has found a sublessee to live in the rental, the agreement can begin and the sublessee will live in the rental just as the sublessor did. It is important for the sublessor to stay in communication with the sublessee, as the sublessor’s name will remain on the lease throughout the sublease agreement. If the unit is damaged or rent is paid late, the sublessor will be held responsible.
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.