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