New Mexico Repair & Habitability Laws

New Mexico landlords must maintain rental units in habitable condition under N.

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Key Rules

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

Applicable Statutes

N.M. Stat. Ann. § 47-8-20

Landlord duty to maintain habitability: must comply with housing codes, keep structural elements in repair, maintain heating and plumbing, and control pests.

N.M. Stat. Ann. § 47-8-27.1

Tenant remedy for uninhabitable conditions: if landlord fails to make repairs after notice, tenant may withhold rent up to the cost of repair or terminate the lease.

Legal Aid Resources

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