N.M. Admin. Code § 16.61.24 § 16
VACATION RENTALS
Operative Text
In addition to the provisions set forth above, the following special provisions apply only with respect to the management of vacation rentals. A. If gross receipts taxes and/or lodgers’ taxes are due, the management agreement shall specify who or what entity is responsible for collection, reporting and/or remitting of such taxes. If the taxes are to be collected from the tenant by the broker or a third party, the management agreement shall authorize the broker or third party entity to collect and remit the applicable taxes from the renter. B. Management agreements shall disclose if the broker is using a third party advertising or reservation service (such as AirBnB, VRBO, etc.) C. Compensation retained by or paid to third parties who engage in advertising and/or taking reservations for vacation rental properties shall not be considered to be in violation of Subsection (3) of Section 61-29-12 A NMSA 197 of the New Mexico real estate license law which prohibits real estate brokers from paying or receiving rebate, profit, compensation or commission to or from any unlicensed person. D. If a broker uses an online travel agent or third party advertising entity which prohibits disclosure of the brokerage name and/or telephone number as registered with the commission, such displays are exempt from the disclosure requirement in Subsection B of 16.61.32.8 NMAC. In this event, the broker shall ensure that the renter receives this disclosure promptly upon completing a rental reservation. E. The broker shall not be required to deliver a copy of the Uniform Owner-Resident Relations Act to a renter of a vacation rental. F. A rental agreement shall also include the following: (1) arrival and departure dates; (2) check-in and check-out times; (3) nightly rental rate; (4) rental deposit; (5) security deposit; (6) disclosure of all fees charged to [tenant] the renter (e.g. cleaning, hot tub, phone, cable internet, resort, etc.); (7) accommodation rules (e.g. occupancy, parking, smoking, pets, noise, etc.); and (8) cancellation policy. G. Reports to owners. In the monthly statement to the owner, qualifying broker shall also list rental income, credit card fees, maintenance charges and amount paid in commission to the brokerage office. H. Renter security deposits. Funds collected as a tenant security deposit shall be deposited into the property management trust account. I. Rental deposits. Funds collected as a rental deposit shall be deposited into the property management trust account to secure a reservation. J. Employees of the brokerage handling short term or vacation rentals or third parties who engage only in taking reservations for short term or vacation rentals shall not be required to be licensed. [16.61.24.16 NMAC - Rp, 16.61.24.16 NMAC, 1-1-2012; A, 1-1-2019]
NMAC 16.61.24 establishes a set of special rules that apply specifically to the management of vacation rentals in New Mexico, layered on top of general property management requirements. Management agreements must clearly identify who is responsible for collecting and remitting applicable taxes, must disclose the use of any third-party advertising or reservation platforms, and must spell out all fees, arrival and departure details, deposit terms, accommodation rules, and cancellation policies in the rental agreement. Security deposits and rental deposits must be held in a property management trust account, and brokers are not required to deliver the Uniform Owner-Resident Relations Act to vacation renters.
Plain English — not legal advice.
Property managers and brokers operating vacation rentals under NMAC 16.61.24 are generally expected to ensure their management agreements explicitly address tax collection responsibilities—whether handled by the broker, a third party, or the owner—and to disclose any use of platforms such as AirBnB or VRBO. Compliant operators typically include all required rental agreement elements (arrival/departure dates, nightly rate, all fees, accommodation rules, and cancellation policy) and ensure that both security deposits and rental deposits are deposited into a property management trust account. Monthly owner statements under this provision should itemize rental income, credit card fees, maintenance charges, and brokerage commissions.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a renter of a vacation property in New Mexico, NMAC 16.61.24 entitles you to receive a rental agreement that discloses all fees charged to you—such as cleaning, hot tub, or resort fees—along with check-in and check-out times, deposit terms, accommodation rules, and the cancellation policy before or at the time of booking. If a broker uses a third-party platform that prevents immediate disclosure of the brokerage's name and contact information, the broker is still required under this provision to provide that information promptly once your reservation is completed. Tenants who believe a vacation rental operator has not complied with these requirements may wish to consult a tenant-rights organization or contact the New Mexico Real Estate Commission for guidance on available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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