New Mexico Tenant Rights
New Mexico landlord-tenant relations are governed by the New Mexico Uniform Owner-Resident Relations Act (N.
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Key Laws by Topic
Eviction Laws
- Nonpayment Notice:
- 3-day notice to pay rent or vacate
- Lease Violation Notice:
- 7-day notice to remedy or vacate for lease violations
- Periodic Tenancy Notice:
- 30 days written notice for month-to-month termination
- Rent Control:
- No statewide rent control; some cities may have ordinances
Security Deposit Laws
- Limit:
- 1 month's rent maximum
- Return Deadline:
- 30 days after termination of tenancy
- Itemization Required:
- Yes — written itemized statement required
- Interest Required:
- No statewide requirement
- Bad Faith Penalty:
- Tenant may recover deposit plus damages for bad-faith withholding; attorney's fees possible
Repair & Habitability Laws
- Repair And Deduct:
- Yes — tenant may deduct repair costs from rent after notice and failure by landlord
- Rent Withholding:
- Tenant may withhold an amount equal to repair costs for uninhabitable conditions
- Notice Required:
- Written notice to landlord before exercising repair and deduct remedy
- Habitability Standards:
- Structural safety, weatherproofing, plumbing, heating, electrical, clean sanitary conditions
Tenant Harassment Laws
- Retaliation Prohibited:
- Yes — retaliatory rent increases, evictions, and interference are prohibited
- Quiet Enjoyment:
- Landlord may not interfere with tenant's quiet enjoyment
- Self Help Prohibited:
- Lockouts and utility shutoffs without court order prohibited
- Remedies:
- Actual damages, termination of lease, and attorney's fees available
Notice & Entry Laws
- Notice Required:
- 24 hours advance notice required for non-emergency entry
- Permissible Entry Reasons:
- Repairs, inspections, showing unit, emergencies
- Emergency Entry:
- Permitted without advance notice in emergencies
- Time Of Entry:
- Must be at reasonable times
Legal Aid Resources
Law Access New Mexico
New Mexico statewide
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.