New Mexico Landlord Tenant Law: An Overview

Renting a property in New Mexico is subject to specific state laws and regulations known as the New Mexico Landlord Tenant Law. These laws are in place to protect both landlords and tenants from disputes and unfair treatment. In this article, we will explore the main aspects of the New Mexico Landlord Tenant Law, including rental agreements, security deposits, evictions, and the rights and responsibilities of both landlords and tenants.

Rental Agreements

Rental agreements, also known as leases, are contracts between landlords and tenants that outline the terms and conditions of the tenancy. According to New Mexico law, rental agreements can be written or verbal. However, it is highly recommended that all rental agreements be written to avoid any misunderstandings or disputes.

The lease should include the following information:

– The names of all tenants and the landlord or property manager.
– The rental property’s address and a full description of the premises.
– The monthly rent amount and due date.
– The length of the tenancy and any renewal terms.
– The amount of the security deposit and any non-refundable fees.
– A list of any utilities or services included in the rent, such as water, heat or trash removal.
– The landlord’s and tenant’s responsibilities for maintenance and repairs.
– Any restrictions on the use or occupancy of the property, such as no smoking or pets.
– The procedure for ending the tenancy.

Both the landlord and tenant should review and sign the lease agreement. This document is legally binding and can be used in court if necessary.

Security Deposits

Landlords in New Mexico may require tenants to pay a security deposit to cover any unpaid rent or damages to the property beyond ordinary wear and tear. The security deposit may not exceed one month’s rent for unfurnished properties and one and a half month’s rent for furnished properties.

Under New Mexico law, landlords must do the following with security deposits:

– Deposit the security deposit in a separate account within 30 days of receipt.
– Provide tenants with a written receipt acknowledging the deposit.
– Provide tenants with a written notice of the deposits’ location and bank account number.
– Return the security deposit within 30 days after the termination of the tenancy.

If the landlord retains any portion of the security deposit, they must provide the tenant with written notice stating the amount and reason for the deduction.

Evictions

In New Mexico, landlords must follow specific procedures when evicting tenants. Failure to follow these procedures can result in legal repercussions. In most cases, landlords must provide the tenant with written notice of the eviction.

The most common reasons for eviction are:

– Failure to pay rent.
– Violations of lease terms or house rules, such as having unauthorized pets on the premises.
– Criminal activity on the premises.

If the tenant is being evicted for non-payment of rent, the landlord must provide the tenant with written notice of the amount owed and how much time they have to pay. If the tenant fails to pay by the deadline, the landlord can file for an eviction in court.

If the tenant is being evicted for lease violations or criminal activity, the landlord must provide written notice stating the reasons for the eviction. The notice should provide the tenant with a specific amount of time (usually 30 days) to correct the violation or vacate the premises.

Landlord and Tenant Rights and Responsibilities

New Mexico landlord tenant laws outline the rights and responsibilities of both landlords and tenants. Here is a list of some of the most important ones:

Landlord Responsibilities:

– Provide a safe and habitable dwelling.
– Maintain the property in good repair.
– Provide essential services, such as hot water, heat, and electricity.
– Give notice before entering the property except in an emergency.
– Return the security deposit within 30 days after the termination of the tenancy.

Tenant Responsibilities:

– Pay rent on time.
– Keep the property clean and undamaged.
– Notifying the landlord of any necessary repairs or maintenance.
– Abide by the terms of the lease or house rules.
– Give notice before moving out.

Conclusion

As you can see, there are various intricacies involved in renting a property in New Mexico. The New Mexico Landlord Tenant Law provides both landlords and tenants with legal guidelines to follow. For tenants, it is vital to understand their rights and responsibilities, and for landlords, it is essential to know the proper procedures for leasing and evictions. By following these rules, both parties can avoid misunderstandings and disputes, and create a harmonious renting experience.

Quick Guide to New Mexico Landlord/Tenant Law 

New Mexico Landlord/Tenant Law

The majority of NM landlord/tenant law is located in Article 8 of Chapter 47 of the state’s updated statutes.

The majority of this article will reference information provided by the State Bar of New Mexico, and you can view a complete list of New Mexico landlord/tenant laws provided by the state bar.

Additionally, if you believe your rights under New Mexico landlord/tenant laws have been violated and you are a tenant, landlord, property manager, attorney, judge, or other person concerned about certain rights, you should reference the link.

The rest of this article will refer to certain obligations of the landlord and tenant according to New Mexico landlord/tenant law, as well as other commonly disputed issues between a landlord and tenant in NM landlord/tenant law.

Obligations of Landlord under New Mexico Landlord/Tenant Law

According to the state bar and New Mexico landlord/tenant law under Chapter 47, a landlord is responsible for the following obligations:

• comply with all applicable housing and safety codes under the state and local NM landlord/tenant law

• make repairs and make all necessary adjustments to keep the premises in safe and habitable condition

• keep all the common areas in sanitary and safe condition

• maintain and provide safe electrical, plumbing, sanitary, heating, ventilating, air conditioning, and all other appliances

• provide and maintain all trash receptacles

• supply running water, reasonable amounts of hot water, and a reasonable amount of heat in the units as determined by local NM landlord/tenant law

Obligations of Tenant under New Mexico Landlord/Tenant Law

A tenant has specific responsibilities under New Mexico landlord/tenant laws.  If a tenant disregards any of their obligations under New Mexico landlord/tenant laws, they may face disciplinary action from the landlord such as losing their security deposit and/or be evicted.  The obligations of the tenant under NM landlord/tenant law are as follows:

• comply with all state and local housing codes under New Mexico landlord/tenant laws that affect health and safety

• keep the premises as clean and safe as the property allows, and return the premises to the landlord in the same condition as when the tenant moved in

• dispose of all trash in a clean and safe manner

• keep plumbing fixtures clean and in working condition

• use all utilities correctly

• keep from deliberately destroying or allowing anyone else to destroy property

• keep from disturbing neighbors’ peace as determined by local NM landlord/tenant law

• abide by all conditions within the lease that are not specifically listed in NM landlord/tenant law

What if a landlord has violated Obligations under New Mexico Landlord/Tenant Laws?

If a landlord has neglected a New Mexico landlord/tenant law, the tenant may give a written statement to the landlord describing the problem.  The tenant must also state if the problem is not fixed in 7 days, the rent will be reduced as allowed by New Mexico landlord/tenant laws.

If the landlord has still neglected New Mexico landlord/tenant law after 7 days, the tenant may reduce rent up to 1/3 if the premises are still habitable.  They reduce the rent by 100% and terminate the tenancy if the premises are uninhabitable according to NM landlord/tenant law.