New Mexico Repair & Habitability Laws
New Mexico landlords must maintain rental units in habitable condition under N.M. Stat. Ann. § 47-8-20[ not confirmed ].
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
Some citations below have not been confirmed against their official source. Confirm current requirements with local legal aid or an attorney.
Applicable Statutes
Landlord duty to maintain habitability: must comply with housing codes, keep structural elements in repair, maintain heating and plumbing, and control pests.
Not confirmed against its source · checked
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.
Not confirmed against its source · checked
Legal Aid Resources
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