New Mexico Rental Application

What information should landlords collect? 

Sending, collecting, and reviewing rental applications are the first steps in renting a property in this corner of the Southwest. Your form should help answer your most critical questions, like “Will the applicant pay rent on time?” and “Are there any red flags I should know about?”

Get answers to these questions with a free rental application template from TurboTenant. It allows you to send, review, and manage all your applications with ease — without sorting through a pile of paper.

Here’s what your free New Mexico rental application form should ask for:

• Personal info: Names of applicants, co-applicants, and co-signers, date of birth, Social Security number, email/phone number, and emergency contact
• Financial info: Employment, income, and credit history
• Rental history: Current, previous, and past residences
• References: Professional references and rental references from past landlords
• Household details: Household size, vehicle details, pets/service animals, and smoking status

These forms collect sensitive information from renters, so federal and New Mexico state laws regulate the questions landlords can ask and how they use the information they uncover to select a tenant.

Next, we’ll review rental application laws, including pre-screeners, federal and state laws, pets, service animals, the denial process, and more.

Pre-Screener 

Don’t wait until the application phase to begin sorting through renter leads. Start early with a pre-screener.

A quick pre-screener lets landlords choose which applicants will move forward with the full New Mexico rental application by identifying those who meet their baseline criteria.

Pre-screeners typically ask for:

• Contact information,
• Employment and income,
• Self-declared credit score,
• Desired move-in date,
• Household size, and
• Pet and vehicle details.

And while the pre-screener is a smart first step, it doesn’t replace a comprehensive rental application form.

Federal Application Laws

The following federal laws apply to all rental applications across New Mexico, whether the rental is a desert home offering indoor-outdoor living or a loft apartment in downtown Albuquerque:

Fair Housing Act (FHA): This law prohibits landlords from discriminating against applicants or asking questions based on the following federally protected characteristics:

• Race
• Color
• National origin
• Religion
• Sex
• Familial status
• Disability

The FHA prohibits discriminatory advertising and unequal rental terms, and applies to landlords, property managers, and employees who screen and select renters (42 U.S.C. §§ 3601–3619).

Equal Credit Opportunity Act (ECOA): This law protects renters who have received public assistance or lived in public housing. The ECOA regulates how landlords can assess credit reports and states reporting guidelines for rental applicants (15 U.S.C. §§ 1691–1691f).

Americans with Disabilities Act (ADA): This law prohibits landlords from denying applicants solely based on a disability and requires them to accommodate a renter’s condition (42 U.S.C. §§ 12101–12213).

Fair Credit Reporting Act (FCRA): This law requires landlords to obtain written consent from applicants before conducting a credit screening check. Landlords must inform applicants whom they denied because of their credit history (15 U.S.C. § 1681 et seq.).

Civil Rights Act of 1866: This law prohibits discrimination based on race and color, and requires landlords to treat all applicants equally (42 U.S.C. § 1981).

New Mexico Application Laws

Beyond federal regulations, landlords must also comply with New Mexico landlord-tenant laws and the New Mexico Human Rights Act. Here are a few laws you should know:

Ancestry & spousal affiliation: Landlords can’t discriminate against or deny solely based on a renter’s ancestry or spousal affiliation, which are specifically stated as protected characteristics (N.M. Stat. Ann. § 28-1-7).

Criminal & eviction history: Landlords may consider criminal history and eviction history when making their decisions, and New Mexico does not have look-back laws. Landlords, however, must use consistent screening practices across all applicants.

Sexual orientation & gender identity: As of 2026, landlords can’t deny an applicant solely based on sex, sexual orientation, or gender identity (N.M. Stat. Ann. § 28-1-7).

Portable tenant screening reports: Under New Mexico Senate Bill 267, landlords must accept portable tenant screening reports if:

• The applicant obtained it within the past 90 days, or
• The renter applies for another unit owned by the landlord.

New Mexico’s maximum allowed screening fee is $50 (N.M. SB 267).

Application and screening fees: In 2025, New Mexico enacted a law that requires landlords to disclose rent and fees in listings, bans other application-processing fees, limits duplicate screening fees within 90 days for properties under the same ownership, and requires copies of screening reports for applicants (N.M. Stat. Ann. §§ 47-8-19.2, 47-8-19.3, 47-8-48).

Further, landlords must return screening fees if they offer a prior applicant the property. Additionally, landlords must return deposits if they do not:

• “Obtain a consumer credit report;
• Perform a reference check;
• Use a screening service to obtain information about the applicant; or
• Process the application. (N.M. SB 267).”

Landlords must return deposits via:

• Certified Mail,
• Destroyed check,
• Pickup availability.

Pets, ESAs, and Service Animals 

With 67.6% of households owning a pet, New Mexico has one of the highest pet-ownership rates in the U.S. Needless to say, pets are a crucial consideration in rental applications.

Here’s how to incorporate pets, ESAs (emotional support animals), and service animals into your application.

Pet information: Always collect information on pets, ESAs, and service animals in the application. Request the number of pets and their breed, size, and service status.

Fair Housing Act: According to the FHA, landlords can’t discriminate against an applicant based on a pet’s status as an ESA/service animal. Landlords can’t charge a pet deposit, pet fee, or monthly pet rent for ESAs/service animals, or deny them based on weight, size, or breed.

Tenants are responsible for any animal-related property damage.

Denial Process

Whether you’re leasing in Las Cruces or Taos, you must maintain consistent denials across all applicants.

In New Mexico, landlords can legally deny an applicant based on:

• Insufficient income,
• Credit history,
• Rental history,
• Criminal background, or
• Incomplete and/or false information.

Denial notice: New Mexico does not have a denial process outlined by law.

Credit/Background denials: If landlords deny based on a credit or tenant background check, the Fair Credit Reporting Act requires them to send the renter an adverse action notice stating:

• The reporting agency’s name and contact details, and
• Explanation of their right to dispute errors (15 U.S.C. § 1681m).

Document storage: Under the New Mexico Administrative Code, landlords working with a real estate brokerage and property managers must store all documents for 6 years (N.M. Stat Ann. § 16.61.24.15).

If you’re not working with a real estate brokerage or property manager, this law doesn’t apply to you. However, it’s best practice to retain your records to defend against possible discrimination disputes.