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New Mexico Tenant Rights

New Mexico Tenant Rights


Quick Guide to New Mexico Tenant Rights

New Mexico Tenant Rights

Most NM tenant rights are located in §47-8 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 NM tenant rights provided by the state bar. 

Obligations of Landlord to Respect Certain New Mexico Tenant Rights

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

• comply with all applicable housing and safety codes that protect NM tenant rights for safety and habitable living conditions

• make repairs and make all necessary adjustments to keep the premises in safe and habitable condition to protect the New Mexico tenant right

• 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 and determined by local NM tenant rights

New Mexico Tenant Rights and Entry from Landlord

If a landlord wants to enter the premises for inspection or to make necessary repairs, they must respect a New Mexico tenant right and give the tenant at least 24 hours to enter the premises.  If there is an emergency within the unit, a landlord does not need to adhere to NM tenant rights of a 24-hour notice any may enter the premises immediately.  

New Mexico Tenant Rights and Security Deposits

A landlord cannot violate a New Mexico tenant right and charge more than 1 month’s rent in a month-to-month lease agreement.  However, if the lease agreement is for one year or more, the landlord can charge more than one month’s rent but the landlord must pay interest on the whole deposit according to a New Mexico tenant right.  

Upon the termination of tenancy, a landlord must respect a New Mexico tenant right and provide an itemized list of deductions for damages within 30 days of the tenant moving out.  If the landlord does not respect NM tenant rights for an itemized list within 30 days, they will forfeit all rights to compensation for certain damages.  

Additionally, New Mexico tenant rights allow the former tenant to sue the landlord for the return of the entire deposit if the remaining deposit is not forwarded in 30 days.  The tenant may also sue the landlord to include attorneys’ fees, and in some cases, a civil penalty of $250 according to NM tenant rights.  

New Mexico Tenant Rights in Evictions

If a tenant has failed to pay rent or violated other conditions, the landlord must respect NM tenant rights and give a seven day notice to the tenant to remedy the problem. 

If the tenant has failed to move out when required, the landlord must respect a New Mexico tenant right and give a 30-day notice before a court order is placed to remove the tenant.  In no cases can a landlord change locks or restrict access to the tenant according to a New Mexico tenant right.