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.