New Mexico Vacation Rental Agreement Overview
New Mexico imposes its gross receipts tax on short-term lodging, with combined rates ranging from 7% to 9%. Santa Fe has STR regulations including registration requirements. Taos, Albuquerque, and Ruidoso are major STR markets.
State gross receipts tax registration required
STR license
5.125% state GRT + local (total 7-9%)
Occupancy tax / TOT
No statewide limit
Maximum stay
Enforced per HOA bylaws
HOA restrictions
New Mexico Short-Term Rental Requirements
Operating a vacation rental in New Mexico requires compliance with state and local regulations. Here are the key requirements for NM short-term rental hosts:
Important: Check Local New Mexico Regulations
Short-term rental regulations in New Mexico can vary significantly by city and county. Always verify current requirements with your local government before listing your property. Regulations may include permit requirements, occupancy limits, parking rules, noise ordinances, and safety inspections.
- STR License/Permit: State gross receipts tax registration required — check with your local city/county government
- Tax Registration: Register with the New Mexico Department of Revenue to collect and remit occupancy taxes
- Safety Requirements: Working smoke detectors, carbon monoxide detectors, fire extinguishers, and posted emergency exit routes
- Insurance: Obtain short-term rental or commercial liability insurance — standard homeowner's policies may not cover STR activity
- HOA/Condo Rules: Enforced per HOA bylaws — review your CC&Rs before listing
How to Fill Out a New Mexico Vacation Rental Agreement
Follow these steps to properly complete your New Mexico vacation rental agreement. Our template guides you through each section to ensure compliance with NM requirements.
Enter Host and Guest Information
Include the host's full legal name and contact information, and the primary guest's name, address, phone number, and email. The primary guest is responsible for all terms of the agreement.
Describe the Rental Property
Provide the complete New Mexico property address, property type, number of bedrooms and bathrooms, maximum occupancy, and included amenities (parking, pool, hot tub, Wi-Fi, kitchen, laundry).
Set Check-In/Check-Out and Rental Rates
Specify check-in date and time, check-out date and time, nightly rate, cleaning fee, New Mexico occupancy taxes, and total amount due. Include payment schedule and accepted payment methods.
Define Cancellation Policy and Damage Deposit
Establish cancellation tiers (full refund, partial refund, no refund deadlines), damage deposit amount, conditions for deductions, and refund timeline after checkout.
Include New Mexico House Rules
Set maximum occupancy, quiet hours, smoking policy, pet policy, parking instructions, pool/hot tub rules, trash procedures, and a no-parties/no-events clause.
Sign and Distribute
Both host and guest should sign and date the agreement. Electronic signatures are valid in New Mexico under the Uniform Electronic Transactions Act. Provide a copy to the guest before or at check-in.
New Mexico Occupancy Taxes & Fees
New Mexico imposes taxes on short-term accommodations that hosts must collect and remit. Here's a summary of the tax obligations for NM vacation rental operators:
| Tax / Fee | Rate / Amount |
|---|---|
| Occupancy / Lodging Tax | 5.125% state GRT + local (total 7-9%) |
| STR License/Permit Fee | Varies by municipality |
| Business License | May be required — check local requirements |
| Platform Collection | Some platforms collect certain taxes automatically in NM |
Sample New Mexico Vacation Rental Agreement
Below is a preview of our New Mexico-specific vacation rental agreement.
STATE OF NEW MEXICO
VACATION RENTAL AGREEMENT
Short-Term Rental Contract
HOST / PROPERTY OWNER:
Name: [Host Name]
Address: [New Mexico Address]
GUEST:
Name: [Guest Name]
Address: [Guest Address]
RENTAL PROPERTY
Address: [New Mexico Property Address]
Check-in: [Date/Time] Check-out: [Date/Time]
Nightly Rate: $[Rate] Total: $[Total]
New Mexico Vacation Rental Agreement FAQ
Answers to common questions about New Mexico vacation rental agreements, short-term rental regulations, and host obligations.
Official New Mexico Resources
Use these official resources for New Mexico short-term rental tax registration, licensing, and regulatory guidance.
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