The New Mexico Sublet Agreement allows a tenant, known as the sublessor, to sublet a leased property to another party, known as the sublessee, who wants to rent the same property. The sublessor can rent all or part of the property. Most leases forbid subletting and the sublessor is responsible for any wrongdoing or failure to pay rent, as well as any costs incurred in evicting the sublessee, so the sublessor will usually have to seek written permission from the landlord.
With written permission from the landlord, a sublessee cannot be evicted by the landlord without due cause. While the sublessor is responsible for the full rent and any damages even if the sublessee vacates or is evicted, a Sublet Agreement can help the sublessor to take the sublessee to small claims court to seek restitution for any damages for breaking the agreement. It is highly recommended that any potential sublessee be required to fill out a Rental Application Form for the sublessor.