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New Mexico Landlord Tenant Law

New Mexico Territorial Laws

Chapter 47 Property Law 
Chapter 47, Article 8A Rent Control Prohibition 


ARTICLE 8A
RENT CONTROL PROHIBITION

Section

47-8A-1. Rent control prohibition.
A. No political subdivision or any home rule municipality shall enact an ordinance or resolution
that controls or would have the effect of controlling rental rates for privately owned real property. 
B. This section does not impair the right of a state agency, county or municipality to otherwise
manage or control its property. 
C. The provisions of Subsection A of this section do not apply to privately owned real property
for which benefits or funding have been provided under contract by federal, state or local
governments or a governmental instrumentality for the express purpose of providing reduced
rents to low- or moderate-income tenants. 

History: Laws 1991, ch. 23,  1.




New Mexico Territorial Laws 
Chapter 47 Property Law 
Chapter 47, Article 8 Owner-Resident Relations 
47-8-1 Short title 


47-8-1. Short title.
Sections 47-8-1 through 47-8-51 NMSA 1978 may be cited as the "Uniform Owner-Resident
Relations Act". 

History: 1953 Comp.,  70-7-1, enacted by Laws 1975, ch. 38,  1; 1995, ch. 195,  1.


47-8-2. Purpose.
The purpose of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] is
to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the
rights and obligations of owner and resident, and to encourage the owners and the residents to
maintain and improve the quality of housing in New Mexico. 

History: 1953 Comp.,  70-7-2, enacted by Laws 1975, ch. 38,  2.


47-8-3. Definitions.
As used in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]: 
A. "abandonment" means absence of the resident from the dwelling, without notice to the owner,
for one full rental period or in excess of seven days, whichever is less; providing such absence
occurs only after rent for the dwelling unit is delinquent; 
B. "action" includes recoupment, counterclaim, set off, suit in equity and any other proceeding in
which rights are determined, including an action for possession; 
C. "codes" includes building codes, housing codes, health and safety codes, sanitation codes and
any law, ordinance or governmental regulation concerning fitness for habitation or the
construction, maintenance, operation, occupancy or use of a dwelling unit; 
D. "deposit" means an amount of currency or instrument delivered to the owner by the resident as
a pledge to abide by terms and conditions of the rental agreement;
E. "dwelling unit" means a structure, mobile home or the part of a structure, including a hotel or
motel, that is used as a home, residence or sleeping place by one person who maintains a
household or by two or more persons who maintain a common household and includes a parcel of
land, other than a mobile home lot, leased by its owner for use as a site for the parking of a mobile
home; 
F. "eviction" means any action initiated by the owner to regain possession of a dwelling unit and
use of the premises under terms of the Uniform Owner-Resident Relations Act; 
G. "fair rental value" is that value that is comparable to the value established in the market place; 
H. "good faith" means honesty in fact in the conduct of the transaction concerned as evidenced by
all surrounding circumstances; 
I. "normal wear and tear" means deterioration that occurs based upon the use for which the rental
unit is intended, without negligence, carelessness, accident, abuse or intentional damage of the
premises, equipment or chattels of the owner by the residents or by any other person in the
dwelling unit or on the premises with the resident's consent; however, uncleanliness does not
constitute normal wear and tear; 
J. "organization" includes a corporation, government, governmental subdivision or agency
thereof, business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest or any other legal or commercial entity; 
K. "owner" means one or more persons, jointly or severally, in whom is vested: 
(1) all or part of the legal title to property, but shall not include the limited partner in an
association regulated under the Uniform Limited Partnership Act [Chapter 54, Article 2 NMSA
1978]; or 
(2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises
and agents thereof and includes a mortgagee in possession and the lessors, but shall not include a
person or persons, jointly or severally, who as owner leases the entire premises to a lessee of
vacant land for apartment use; 
L. "person" includes an individual, corporation, entity or organization; 
M. "premises" means facilities, facilities and appurtenances, areas and other facilities held out for
use of the resident or whose use is promised to the resident coincidental with occupancy of a
dwelling unit; 
N. "rent" means payments in currency or in kind under terms and conditions of the rental
agreement for use of a dwelling unit or premises, to be made to the owner by the resident, but
does not include deposits; 
O. "rental agreement" means all written agreements between an owner and resident and valid rules
and regulations adopted under Section 47-8-23 NMSA 1978 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit or premises; 
P. "resident" means a person entitled under a rental agreement to occupy a dwelling unit in
peaceful possession to the exclusion of others and includes the owner of a mobile home renting
premises, other than a lot or parcel in a mobile home park, for use as a site for the location of the
mobile home; 
Q. "roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen
facility in a structure where one or more major facilities are used in common by occupants of the
dwelling units. As referred to in this subsection, "major facility", in the case of a bathroom, means
toilet and either a bath or shower and, in the case of a kitchen, means refrigerator, stove or sink; 
R. "single family residence" means a structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a
single family residence if it has direct access to a street or thoroughfare and shares neither heating
facilities, hot water equipment nor any other essential facility or service with any other dwelling
unit; 
S. "substantial violation" means any act or series of acts that occur in the dwelling unit or on the
premises by the resident or with the resident's consent and: 
(1) is considered a felony under the Controlled Substances Act; 
(2) involves a deadly weapon and is considered a felony under the Criminal Code; 
(3) is considered assault with intent to commit a violent felony, murder, criminal sexual
penetration, robbery or burglary under the Criminal Code; or 
(4) is considered criminal damage to property and a felony under the Criminal Code; 
T. "term" is the period of occupancy specified in the rental agreement; and 
U. "transient occupancy" means occupancy of a dwelling unit for which rent is paid on less than a
weekly basis or where the resident has not manifested an intent to make the dwelling unit a
residence or household. 

History: 1953 Comp.,  70-7-3, enacted by Laws 1975, ch. 38,  3; 1977, ch. 55,  1; 1983, ch.
122,  18; 1985, ch. 146,  1; 1989, ch. 340,  1; 1995, ch.
195,  2.


47-8-4. Principles of law and equity.
Unless displaced by the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to
47-8-51 NMSA 1978], the principles of law and equity, including the law relating to capacity to
contract, mutuality of obligations, equitable abatement, principal and agent, real property, public
health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake,
bankruptcy or other validating or invalidating cause supplement its provisions. 

History: 1953 Comp.,  70-7-4, enacted by Laws 1975, ch. 38,  4; 1995, ch. 195,  3.


47-8-5. General act.
The Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] being a general act
is intended as a unified coverage of its subject matter, and nopart of it is to be construed as
impliedly repealed by subsequent legislation if that construction can reasonably be avoided. 

History: 1953 Comp.,  70-7-5, enacted by Laws 1975, ch. 38,  5.


47-8-6. Recovery of damages.
A. The remedies provided by the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978] shall be so administered that the aggrieved party may recover damages as provided
in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate
damages. 
B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable
by action unless the provision declaring it specifies a different and limited effect. 

History: 1953 Comp.,  70-7-6, enacted by Laws 1975, ch. 38,  6.


47-8-7. Provision for agreement.
A claim or right arising under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978] or on a rental agreement may be settled by agreement.

History: 1953 Comp.,  70-7-7, enacted by Laws 1975, ch. 38,  7.


47-8-8. Rights, obligations and remedies.
The Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] applies to,
regulates and determines rights, obligations and remedies under a rental agreement, wherever
made, for a dwelling unit located within this state. 

History: 1953 Comp.,  70-7-8, enacted by Laws 1975, ch. 38,  8.


47-8-9. Exemptions.
Unless created to avoid the application of the Uniform Owner-Resident Relations Act [47-8-1 to
47-8-51 NMSA 1978], the following arrangements are exempted by that act: 
A. residence at an institution, public or private, if incidental to detention or the provision of
medical, geriatric, counseling, religious, educational when room and board are an entity or similar
service; 
B. occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the
occupant is the purchaser or a person who succeeds to his interest; 
C. occupancy by a member of a fraternal or social organization in the portion of a structure
operated for the benefit of the organization; 
D. transient occupancy in a hotel or motel; 
E. occupancy by an employee of an owner pursuant to a written rental or employment agreement
that specifies the employee's right to occupancy is conditional upon employment in and about the
premises; and 
F. occupancy under a rental agreement covering premises used by the occupant primarily for
agricultural purposes. 

History: 1953 Comp.,  70-7-9, enacted by Laws 1975, ch. 38,  9; 1995, ch. 195,  4.


47-8-10. Judicial jurisdiction.
A. The district or magistrate court of this state may exercise jurisdiction over any person with
respect to any conduct in this state governed by the UniformOwner-Resident Relations Act
[47-8-1 to 47-8-51 NMSA 1978] or with respect to any claim arising from a transaction subject
to this act for a dwelling unit located within its jurisdictional boundaries. In addition to any other
method provided by rule or by statute, personal jurisdiction over a person may be acquired in a
civil action or proceeding instituted in the district or magistrate court by the service of process in
the manner provided by this section. 
B. If a person is not a resident of this state or is a corporation not authorized to do business in this
state and engages in any conduct in this state governed by the Uniform Owner-Resident Relations
Act, or engages in a transaction subject to this act, he may designate an agent upon whom service
of process may be made in this state. The agent shall be a resident of this state or a corporation
authorized to do business in this state. The designation shall be in writing and shall be filed with
the secretary of state. If no designation is made and filed or if process cannot be served in this
state upon the designated agent, process may be served upon the secretary of state, but service
upon him is not effective unless the plaintiff or petitioner immediately mails a copy of the process
and pleading by registered or certified mail to the defendant or respondent at his last reasonably
ascertainable address. An affidavit of compliance with this section shall be filed with the clerk of
the court on or before the return day of the process, if any, or within any further time the court
allows. 
History: 1953 Comp.,  70-7-10, enacted by Laws 1975, ch. 38,  10.


47-8-11. Obligation of good faith.
Every duty under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]
and every act which must be performed as a condition precedent to the exercise of a right or
remedy under the Uniform Owner-Resident Relations Act imposes an obligation of good faith in
its performance or enforcement. 

History: 1953 Comp.,  70-7-11, enacted by Laws 1975, ch. 38,  11.


47-8-12. Inequitable agreement provision.
A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable
when made, the court may limit the application of such inequitable provisions to avoid an
inequitable result. 
B. If inequitability is put into issue by a party to the rental agreement, the parties to the rental
agreement shall be afforded a reasonable opportunity to present evidence as to the setting,
purpose and effect of the rental agreement, or settlement, to aid the court in making
determination. 

History: 1953 Comp.,  70-7-12, enacted by Laws 1975, ch. 38,  12.


47-8-13. Service of notice.
A. A person has notice of a fact if: 
(1) he has actual knowledge of it; 
(2) he has received a notice or notification of it; or 
(3) from all facts and circumstances known to him at the time in question he has
reason to know that it exists. 
B. A person notifies or gives a notice or notification to another by taking steps reasonably
calculated to inform the other in ordinary course, whether or not the other actually comes to
know of it. 
C. A person receives a notice or notification: 
(1) when it comes to his attention; 
(2) where written notice to the owner is required, when it is mailed or otherwise
delivered at the place of business of the owner through which the rental agreement was made or
at any place held out by him as the place for receipt of the communication; or 
(3) if written notice to the resident is required, when it is delivered in hand to the
resident or mailed to him at the place held out by him as the place for receipt of the
communication, or in the absence of such designation, to his last known place of residence. 
D. Notwithstanding any other provisions of this section, notice to a resident for
nonpayment of rent shall be effective only when hand delivered or mailed to the resident or posted
on an exterior door of the dwelling unit. In all other cases where written notice to the resident is
required, even if there is a notice by posting, there must also be a mailing of the notice by first
class mail or hand delivery of the notice to the resident. The date of a posting shall be included in
any notice posted, mailed or hand delivered, and shall constitute the effective date of the notice. A
posted notice shall be affixed to a door by taping all sides or placed in a fixture or receptacle
designed for notices or mail. 
E. Notice, knowledge or a notice or notification received by the resident or person is
effective for a particular transaction from the time it is brought to the attention of the resident or
person conducting that transaction, and in any event from the time it would have been brought to
the resident's or person's attention if the resident or person had exercised reasonable diligence. 
F. Where service of notice is required under the Uniform Owner-Resident Relations Act
[47-8-1 to 47-8-51 NMSA 1978], and the item is mailed but returned as undeliverable, or where
the last known address is the vacated dwelling unit, the owner shall serve at least one additional
notice if an alternative address has been provided to the owner by the resident. 

History: 1953 Comp.,  70-7-13, enacted by Laws 1975, ch. 38,  13; 1995, ch. 195,  5.


47-8-14. Terms and conditions of agreement.
The owner and resident may include in a rental agreement terms and conditions not prohibited by
the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or other rule of law
including rent, term of the agreement or other provisions governing the rights and obligations of
the parties. 

History: 1953 Comp.,  70-7-14, enacted by Laws 1975, ch. 38,  14.


47-8-15. Payment of rent.
A. The resident shall pay rent in accordance with the rental agreement. In the absence of an
agreement, the resident shall pay as rent the fair rental value for the use of the premises and
occupancy of the dwelling unit. 
B. Rent is payable without demand or notice at the time and place agreed upon by the parties.
Unless otherwise agreed, rent is payable at the dwelling unit. Unless otherwise agreed, periodic
rent is payable at the beginning of any term of one month or less and otherwise in equal monthly
installments at the beginning of each monthly period. The date of one month to the same date of
the following month shall constitute a term of one month. 
C. Unless the rental agreement fixes a definite term, the residency is week-to-week in the case of
a person who pays weekly rent and in all other cases month-to-month. 
D. If the rental agreement provides for the charging of a late fee, and if the resident does not pay
rent in accordance with the rental agreement, the owner may charge the resident a late fee in an
amount not to exceed ten percent of the total rent payment for each rental period that the resident
is in default. To assess a late fee, the owner shall provide notice of the late fee charged no later
than the last day of the next rental period immediately following the period in which the default
occurred. 
E. An owner may not assess a fee from the resident for occupancy of the dwelling unit by a
reasonable number of guests for a reasonable length of time. This shall not preclude charges for
use of premises or facilities other than the dwelling unit by guests. 
F. An owner may increase the rent payable by the resident in a month-to-month residency by
providing written notice to the resident of the proposed increase at least thirty days prior to the
periodic rental date specified in the rental agreement or, in the case of a fixed term residency, at
least thirty days prior to the end of the term. In the case of a periodic residency of less than one
month, written notice shall be provided at least one rental period in advance of the first rental
payment to be increased. 
G. Unless agreed upon in writing by the owner and the resident, a resident's payment of rent may
not be allocated to any deposits or damages. 

History: 1953 Comp.,  70-7-15, enacted by Laws 1975, ch. 38,  15; 1995, ch. 195,  6.


47-8-16. Waiver of rights prohibited.
No rental agreement may provide that the resident or owner agrees to waive or to forego rights or
remedies under the law. 

History: 1953 Comp.,  70-7-16, enacted by Laws 1975, ch. 38,  16.


47-8-17. Unlawful agreement provision.
If an owner deliberately uses a rental agreement containing provisions known by him to be
prohibited by law, the resident may recover damages sustained by him resulting from application
of the illegal provision and reasonable attorney's fees. 

History: 1953 Comp.,  70-7-17, enacted by Laws 1975, ch. 38,  17.


47-8-18. Deposits.
A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the
owner to recover damages, if any, caused to the premises by the resident during his term of
residency. 
(1) Under the terms of an annual rental agreement, if the owner demands or receives of the
resident such a deposit in an amount greater than one month's rent, the owner shall be required to
pay to the resident annually an interest equal to the passbook interest permitted to savings and
loan associations in this state by the federal home loan bank board on such deposit. 
(2) Under the terms of a rental agreement of a duration less than one year, an owner shall not
demand or receive from the resident such a deposit in an amount in excess of one month's rent. 
B. It is not the intention of this section to include the last month's prepaid rent, which may be
required by the rental agreement as a deposit as defined in Subsection D of Section 47-8-3 NMSA
1978. Any deposit as defined in Paragraph (1) of Subsection A of this section shall not be
construed as prepaid rent. 
C. Upon termination of the residency, property or money held by the owner as deposits may be
applied by the owner to the payment of rent and the amount of damages which the owner has
suffered by reason of the resident's noncompliance with the rental agreement or Section 47-8-22
NMSA 1978. No deposit shall be retained to cover normal wear and tear. In the event actual
cause exists for retaining any portion of the deposit, the owner shall provide the resident with an
itemized written list of the deductions from the deposit and the balance of the deposit, if any,
within thirty days of the date of termination of the rental agreement or resident departure,
whichever is later. The owner is deemed to have complied with this section by mailing the
statement and any payment required to the last known address of the resident. Nothing in this
section shall preclude the owner from retaining portions of the deposit for nonpayment of rent or
utilities, repair work or other legitimate damages. 
D. If the owner fails to provide the resident with a written statement of deductions from the
deposit and the balance shown by the statement to be due, within thirty days of the termination of
the tenancy, the owner: 
(1) shall forfeit the right to withhold any portion of the deposit; 
(2) shall forfeit the right to assert any counterclaim in any action brought to recover that deposit; 
(3) shall be liable to the resident for court costs and reasonable attorneys' fees; and 
(4) shall forfeit the right to assert an independent action against the resident for damages to the
rental property. 
E. An owner who in bad faith retains a deposit in violation of this section is liable for a civil
penalty in the amount of two hundred fifty dollars ($250) payable to the resident. 

History: 1953 Comp.,  70-7-18, enacted by Laws 1975, ch. 38,  18; 1985, ch. 146,  2; 1989,
ch. 340,  2.


47-8-19. Owner disclosure.
A. The owner or any person authorized to enter into a rental agreement on his behalf shall
disclose to the resident in writing at or before the commencement of the residency the name,
address and telephone number of: 
(1) the person authorized to manage the premises; and 
(2) an owner of the premises or a person authorized to act for and on behalf of the owner for the
purpose of service of process and for the purpose of receiving and receipting for notices and
demands. 
B. The information required to be furnished by this section shall be kept current, and this section
extends to and is enforceable against any successor, owner or manager. 
C. A person designated under Paragraph (2) of Subsection A of this section becomes an agent of
each person who is an owner for the purpose of service of process and receiving and receipting
for notices and demands. A person designated under Paragraph (1) of Subsection A of this section
becomes an agent of each person who is an owner for the purpose of performing the obligations
of the owner under the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]
and under the rental agreement. 
D. Failure of the owner to comply with this section shall relieve the resident from the obligation to
provide notice to the owner as required by the Uniform Owner-Resident Relations Act. 

History: 1953 Comp.,  70-7-19, enacted by Laws 1975, ch. 38,  19; 1995, ch. 195,  7.


47-8-20. Obligations of owner.
A. The owner shall: 
(1) substantially comply with requirements of the applicable minimum housing codes materially
affecting health and safety; 
(2) make repairs and do whatever is necessary to put and keep the premises in a safe condition as
provided by applicable law and rules and regulations as provided in Section 47-8-23 NMSA 1978; 
(3) keep common areas of the premises in a safe condition; 
(4) maintain in good and safe working order and condition electrical, plumbing, sanitary, heating,
ventilating, air conditioning and other facilities and appliances, including elevators, if any, supplied
or required to be supplied by him; 
(5) provide and maintain appropriate receptacles and conveniences for the removal of ashes,
garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for
their removal from the appropriate receptacle; and 
(6) supply running water and a reasonable amount of hot water at all times and reasonable heat
except where the building that includes the dwelling unit is not required by law to be equipped for
that purpose, or the dwelling unit is so constructed that heat or hot water is generated by an
installation within the exclusive control of the resident and supplied by a direct public utility
connection. 
B. If there exists a minimum housing code applicable to the premises, the owner's maximum duty
under this section shall be determined by Paragraph (1) of Subsection A of this section. The
obligations imposed by this section are not intended to change existing tort law in the state. 
C. The owner and resident of a single family residence may agree that the resident perform the
owner's duties specified in Paragraphs (5) and (6) of Subsection A of this section and also
specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is in
writing, for consideration, entered into in good faith and not for the purpose of evading the
obligations of the owner. 
D. The owner and resident of a dwelling unit other than a single family residence may agree that
the resident is to perform specified repairs, maintenance tasks, alterations or remodeling only if: 
(1) the agreement of the parties is entered into in good faith and not for the purpose of evading
the obligations of the owner and is set forth in a separate writing signed by the parties and
supported by consideration; and 
(2) the agreement does not diminish or affect the obligation of the owner to other residents in the
premises. 
E. Notwithstanding any provision of this section, an owner may arrange with a resident to
perform the obligations of the owner. Any such arrangement between the owner and the resident
will not serve to diminish the owner's obligations as set forth in this section, nor shall the failure of
the resident to perform the obligations of the owner serve as a basis for eviction or in any way be
considered a material breach by the resident of his obligations under the Uniform Owner-Resident
Relations Act [47-8-1 to 47-8-51 NMSA 1978] or the rental agreement. 
F. In multi-unit housing, if there is separate utility metering for each unit, the resident shall receive
a copy of the utility bill for his unit upon request made to the owner or his agent. If the unit is
submetered, the resident shall then be entitled to receive a copy of the apartment's utility bill.
When utility bills for common areas are separately apportioned between units and the costs are
passed on to the residents of each unit, each resident may, upon request, receive a copy of all
utility bills being apportioned. The calculations used as the basis for apportioning the cost of
utilities for common areas and submetered apartments shall be made available to any resident
upon request. The portion of the common area cost that would be allocated to an empty unit if it
were occupied shall not be allocated to the remaining residents. It is solely the owner's
responsibility to supply the items and information in this subsection to the tenant upon request.
The owner may charge an administrative fee not to exceed two dollars ($2.00) for each monthly
request of the items in this subsection. 
G. The owner shall provide a written rental agreement to each tenant prior to the beginning of
occupancy. 

History: 1953 Comp.,  70-7-20, enacted by Laws 1975, ch. 38,  20; 1987, ch. 297,  1; 1989,
ch. 340,  3.


47-8-21. Relief of owner liability.
A. Unless otherwise agreed, upon termination of the owner's interest in the dwelling unit,
including but not limited to terminations of interest by sale, assignment, death, bankruptcy,
appointment of receiver or otherwise, the owner is relieved of all liability under the rental
agreement and of all obligations under the Uniform Owner-Resident Relations Act [47-8-1 to
47-8-51 NMSA 1978] as to events occurring subsequent to written notice to the resident of the
termination of the owner's interest. The successor in interest to the owner shall be liable for all
obligations under the rental agreement or under the Uniform Owner-Resident Relations Act.
Upon receipt by the resident of written notice of the termination of the owner's interest in the
dwelling unit, the resident shall pay all future rental payments, when due, to the successor in
interest to the owner. 
B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of
liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events
occurring after written notice to the resident of the termination of his management. 

History: 1953 Comp.,  70-7-21, enacted by Laws 1975, ch. 38,  21.


47-8-22. Obligations of resident.
The resident shall: 
A. comply with obligations imposed upon residents by applicable minimum standards of housing
codes materially affecting health or safety; 
B. keep that part of the premises that he occupies and uses as clean and safe as the condition of
the premises permit, and, upon termination of the residency, place the dwelling unit in as clean
condition, excepting ordinary wear and tear, as when residency commenced; 
C. dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe
manner; 
D. keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their
condition permits; 
E. use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, air
conditioning and other facilities and appliances including elevators, if any, in the premises; 
F. not deliberately or negligently destroy, deface, damage, impair or remove any part of the
premises or knowingly permit any person to do so; 
G. conduct himself and require other persons on the premises with his consent to conduct
themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises; 
H. abide by all bylaws, covenants, rules or regulations of any applicable condominium regime,
cooperative housing agreement or neighborhood association not inconsistent with owner's rights
or duties; and 
I. not knowingly commit or consent to any other person knowingly committing a substantial
violation. 

History: 1953 Comp.,  70-7-22, enacted by Laws 1975, ch. 38,  22; 1995, ch. 195,  8.


47-8-23. Application of rules or regulations.
An owner, from time to time, may adopt rules or regulations, however described, concerning the
resident's use and occupancy of the premises. They are
enforceable as provided in Section 47-8-33 NMSA 1978 against the resident only if: 
A. their purpose is to promote the appearance, convenience, safety or welfare of the residents in
the premises, preserve the owner's property from abusive use or make a fair distribution of
services and facilities held out for the residents generally; 
B. they are reasonably related to the purpose for which they are adopted; 
C. they apply to all residents in the premises in a fair manner; 
D. they are sufficiently explicit in their prohibition, direction or limitation of the resident's conduct
to fairly inform him of what he must or must not do to comply; 
E. they are not for the purpose of evading the obligations of the owner; and 
F. the resident is presented with copies of existing rules and regulations at the time he enters into
the rental agreement and is presented notice of amendments to the rules and regulations and rules
and regulations adopted subsequent to the time he enters into the rental agreement. A rule or
regulation adopted after the resident enters into the rental agreement is enforceable against the
resident if reasonable notice of its adoption is given to the resident and it does not work a
substantial modification of his bargain. 

History: 1953 Comp.,  70-7-23, enacted by Laws 1975, ch. 38,  23; 1995, ch. 195,  9.


47-8-24. Right of entry.
A. The resident shall, in accordance with provisions of the rental agreement and notice provisions
as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect
the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply
necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, prospective residents, workmen or contractors; provided that: 
(1) unless otherwise agreed upon by the owner and resident, the owner may enter the resident's
dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written
notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the
time frame of the entry; 
(2) this subsection is not applicable to entry by the owner to perform repairs or services within
seven days of a request by the resident or when the owner is accompanied by a public official
conducting an inspection or a cable television, electric, gas or telephone company representative;
and 
(3) where the resident gives reasonable prior notice and alternate times or dates for entry and it is
practicable or will not result in economic detriment to the owner, then the owner shall attempt to
reasonably accommodate the alternate time of entry. 
B. The owner may enter the dwelling unit without consent of the resident in case of an
emergency. 
C. The owner shall not abuse the right of access. 
D. The owner has no other right of access except by court order, as permitted by this section if
the resident has abandoned or surrendered the premises or if the resident has been absent from the
premises more than seven days, as permitted in Section 47-8-34 NMSA 1978. 
E. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel
access or terminate the rental agreement. In either case, the owner may recover damages. 
F. If the owner makes an unlawful entry, or a lawful entry in an unreasonable manner, or makes
repeated demands for entry that are otherwise lawful but that have the effect of unreasonably
interfering with the resident's quiet enjoyment of the dwelling unit, the resident may obtain
injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In
either case, the resident may recover damages. 

History: 1953 Comp.,  70-7-24, enacted by Laws 1975, ch. 38,  24; 1995, ch. 195,  10.


47-8-25. Use of dwelling unit limited.
Unless otherwise agreed, the resident shall occupy his dwelling unit only as a dwelling unit and in
compliance with terms and conditions of the rental agreement. The rental agreement may require
that the resident notify the owner of any anticipated extended absence from the premises in excess
of seven days no later than the first day of the extended absence. 

History: 1953 Comp.,  70-7-25, enacted by Laws 1975, ch. 38,  25.


47-8-26. Delivery of possession.
At the commencement of the rental period as specified in the rental agreement, the owner shall
deliver possession of the premises to the resident in compliance with the rental agreement and
Section 20 [47-8-20 NMSA 1978] of the Uniform Owner-Resident Relations Act. The owner
may bring an action for possession against the resident or any person wrongfully in possession and
may recover the damages provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the
Uniform Owner-Resident Relations Act. 

If the owner makes reasonable efforts to obtain possession of the premises, he shall not be liable
for an action under this section. 

History: 1953 Comp.,  70-7-26, enacted by Laws 1975, ch. 38,  26.


47-8-27. Repealed.


47-8-27.1. Breach of agreement by owner and relief by resident.
A. Upon the failure of the owner to perform his obligations as required by Section 47-8-20
NMSA 1978, the resident shall give written notice to the owner specifying the breach and: 
(1) if there is a material noncompliance by the owner with the rental agreement or a
noncompliance with the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]
materially affecting health and safety, the resident shall deliver a written notice to the owner
specifying the acts and omissions constituting the breach. The notice shall state that the rental
agreement will terminate upon a date not less than seven days after receipt of the notice if a
reasonable attempt to remedy the breach is not made in seven days, and the rental agreement shall
terminate as provided in the notice. If the owner makes a reasonable attempt to adequately
remedy the breach prior to the date specified in the notice, the rental agreement shall not
terminate. If the rental agreement is terminated by the resident and possession restored to the
owner, the owner shall return the balance, if any, of prepaid rent and deposit to which the resident
is entitled pursuant to the rental agreement or Section 47-8-18 NMSA 1978; or 
(2) the resident may be entitled to abatement of the rent as provided in Section 47-8-27.2 NMSA
1978. 
B. The rights provided under this section do not arise if the condition was caused by the deliberate
or negligent act or omission of the resident, a member of his family or other person on the
premises with his consent. If the noncompliance with the rental agreement or with Section
47-8-20 NMSA 1978 results solely from circumstances beyond the owner's control, the resident is
entitled only to those remedies set forth in Paragraph (1) or (2) of this subsection and is not
entitled to an action for damages or injunctive relief against the owner. 
C. The resident may also recover damages and obtain injunctive relief for any material
noncompliance by the owner with the rental agreement or the provisions of Section 47-8-20
NMSA 1978. The remedy provided in this subsection is in addition to any right of the resident
arising under Subsection A of this section. 
D. If the resident proceeds under Paragraph (1) of Subsection A of this section, he shall not
proceed under Paragraph (2) of Subsection A of this section in the same rental period for the
same violation. If the resident proceeds under Paragraph (2) of Subsection A of this section, he
shall not proceed under Paragraph (1) of Subsection A of this section in the same rental period for
the same violation. A resident may, however, proceed under another paragraph of Subsection A
of this section for a subsequent violation or the same violation that occurs in subsequent rental
periods. 
E. When the last day for remedying any breach pursuant to the written notice required under the
Uniform Owner-Resident Relations Act occurs on a weekend or federal holiday, the period to
remedy shall be extended until the next day that is not a weekend or federal holiday. 

History: 1978 Comp.,  47-8-27.1, enacted by Laws 1995, ch. 195,  11.


47-8-27.2. Abatement.
A. If there is a violation of Section 47-8-20 NMSA 1978, the resident shall give written notice to
the owner of the conditions needing repair. If the owner does not remedy the conditions, the
resident is entitled to abate rent as set forth below: 
(1) one-third of the pro-rata daily rent for each day from the date the resident notified the owner
of the conditions needing repair, through the day the conditions in the notice are remedied. If the
conditions complained of continue to exist without remedy through any portion of subsequent
rental period, the resident may abate at the same rate for each day that the conditions are not
remedied; and 
(2) one hundred percent of the rent for each day from the date the resident notified the owner of
the conditions needing repair until the date the breach is cured if the dwelling is uninhabitable and
the resident does not inhabit the dwelling unit as a result of the condition. 
B. For each rental period in which there is a violation under Subsection A of this section, the
resident may abate the rent or may choose an alternate remedy in accordance with the Uniform
Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]. The choice of one remedy shall
not preclude the use of an alternate remedy for the same violation in a subsequent rental period. 
C. If the resident's rent is subsidized in whole or in part by a government agency, the abatement
limitation of one month's rent shall mean the total monthly rent paid for the dwelling and not the
portion of the rent that the resident alone pays. Where there is a third party payor, either the
payor or the resident may authorize the remedy and may abate rent payments as provided in this
section. 
D. Nothing in this section shall limit a court in its discretion to apply equitable abatement. 

History: 1978 Comp.,  47-8-27.2, enacted by Laws 1995, ch. 195,  12.


47-8-28. Failure to deliver possession.
A. At the time specified in the rental agreement for the commencement of occupancy, the owner
shall deliver possession of the premises to the resident in
compliance with the rental agreement and Section 47-8-20 NMSA 1978. 
B. If the owner fails to deliver possession of the dwelling unit to the prospective resident as
provided in Subsection A of this section, one hundred percent of the rent abates until possession
is delivered and the prospective resident may: 
(1) upon written notice to the owner, terminate the rental agreement effective immediately. Upon
termination the owner shall return all prepaid rent and deposits; or 
(2) demand performance of the rental agreement by the owner and, if the prospective resident
elects, maintain an action for possession of the dwelling unit against any person wrongfully in
possession or wrongfully withholding possession and recover the damages sustained by him and
seek the remedies provided in Section 47-8-48 NMSA 1978. 
C. If the owner makes reasonable efforts to obtain possession of the premises and returns prepaid
rents, deposits and fees within seven days of receiving a resident's notice of termination, the
owner shall not be liable for damages under this section. 

History: 1953 Comp.,  70-7-28, enacted by Laws 1975, ch. 38,  28; 1995, ch. 195,  13.


47-8-29. Repealed.


47-8-30. Action for counterclaim for resident.
A. In an action for possession based upon nonpayment of rent or in an action for rent where the
resident is in possession, the resident may counterclaim for any amount which he may recover
under the rental agreement or the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978], providing that the resident shall be responsible for payment to the owner of the
rent specified in the rental agreement during his period of possession. Judgment shall be entered in
accordance with the facts of the case. 
B. If the defense or counterclaim by the resident is without merit and is not raised in good faith,
the owner may recover reasonable attorney's fees and his court costs. 
C. If the action or reply to the counterclaim is without merit and is not in good faith, the resident
may recover reasonable attorney's fees and his court costs. 

History: 1953 Comp.,  70-7-30, enacted by Laws 1975, ch. 38,  30.


47-8-31. Resident rights following fire or casualty.
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that
enjoyment of the dwelling unit is substantially impaired, the resident may: 
(1) vacate the premises and notify the owner in writing within seven days thereafter of his
intention to terminate the rental agreement, in which case the rental agreement terminates as of
the date of vacating; or 
(2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the
fire or casualty, in which case the resident's liability for rent is reduced in proportion to the
diminution in the fair rental value of the dwelling unit. 
B. If the rental agreement is terminated, the owner shall return the balance, if any, [of] prepaid
rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of the Uniform
Owner-Resident Relations Act. Accounting for rent, in the event of termination or apportionment,
is to occur as of the date of the vacation. Notwithstanding the provisions of this section, the
resident is responsible for damage caused by his negligence. 

History: 1953 Comp.,  70-7-31, enacted by Laws 1975, ch. 38,  31.


47-8-32. Repealed.


47-8-33. Breach of agreement by resident and relief by owner.
A. Except as provided in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978], if there is noncompliance with Section 47-8-22 NMSA 1978 materially affecting
health and safety or upon the initial material noncompliance by the resident with the rental
agreement or any separate agreement, the owner shall deliver a written notice to the resident
specifying the acts and omissions constituting the breach, including the dates and specific facts
describing the nature of the alleged breach, and stating that the rental agreement will terminate
upon a date not less than seven days after receipt of the notice if the breach is not remedied in
seven days. 
B. Upon the second material noncompliance with the rental agreement or any separate
agreement by the resident, within six months of the initial breach, the owner shall deliver a written
notice to the resident specifying the acts and omissions constituting the breach, including the dates
and specific facts describing the nature of the alleged breach, and stating that the rental agreement
shall terminate upon a date not less than seven days after receipt of the notice. If the subsequent
breach occurs more than six months after the initial breach, it shall constitute an initial breach for
purposes of applying the provisions of this section. 
C. The initial notice provided in this section shall state that the rental agreement will
terminate upon the second material noncompliance with the rental agreement or any separate
agreement by the resident, within six months of the initial breach. To be effective, any notice
pursuant to this subsection shall be given within thirty days of the breach or knowledge thereof. 
D. If rent is unpaid when due and the resident fails to pay rent within three days after
written notice from the owner of nonpayment and his intention to terminate the rental agreement,
the owner may terminate the rental agreement and the resident shall immediately deliver
possession of the dwelling unit; provided that tender of the full amount due, in the manner stated
in the notice, prior to the expiration of the three-day notice shall bar any action for nonpayment of
rent. 
E. In any court action for possession for nonpayment of rent or other charges where the
resident disputes the amount owed because: 
(1) the resident has abated rent pursuant to Section 47-8-27.2 or 47-8-4 NMSA
1978; or 
(2) the owner has allocated rent paid by the resident as payment for damages to the
premises, then, if the owner is the prevailing party, the court shall enter a writ of restitution
conditioned upon the right of the resident to remedy within three days of entry of judgment. If the
resident has satisfied the judgment within three days, the writ shall be dismissed. If the resident
has not satisfied the judgment within three days, the owner may execute upon the writ without
further order of the court. 
F. Except as provided in the Uniform Owner-Resident Relations Act, the owner may
recover damages and obtain injunctive or other relief for any noncompliance by the resident with
the rental agreement or this section or Section 47-8-22 NMSA 1978. 
G. In any judicial action to enforce a remedy for which prior written notice is required,
relief may be granted based only upon the grounds set forth in the written notice served; provided,
however, that this shall not bar a defendant from raising any and all defenses or counterclaims for
which written notice is not otherwise required by the Uniform Owner-Resident Relations Act. 
H. When the last day for remedying any breach pursuant to written notice required under
this act [the Uniform Owner-Resident Relations Act] occurs on a weekend or federal holiday, the
period to remedy shall be extended until the next day that is not a weekend or federal holiday. 
I. If the resident knowingly commits or consents to any other person in the dwelling unit
or on the premises knowingly committing a substantial violation, the owner shall deliver a written
notice to the resident specifying the time, place and nature of the act constituting the substantial
violation and that the rental agreement will terminate upon a date not less than three days after
receipt of the notice. 
J. In any action for possession under Subsection I of this section, it shall be a defense that
the resident is a victim of domestic violence. If the resident has filed for or secured a temporary
domestic violence restraining order as a result of the incident that is the basis for the termination
notice or as a result of a prior incident, then the writ of restitution shall not issue. In all other
cases where domestic violence is raised as a defense, the court shall have the discretion to evict
the resident accused of the violation, while allowing the tenancy of the remainder of the residents
to continue undisturbed. 
K. In any action for possession under Subsection I of this section, it shall be a defense that
the resident did not know of, and could not have reasonably known of or prevented, the
commission of a substantial violation by any other person in the dwelling unit or on the premises. 
L. In any action for possession under Subsection I of this section, if the court finds that the
action was frivolous or brought in bad faith, the petitioner shall be subject to a civil penalty equal
to two times the amount of the monthly rent, plus damages and costs. 

History: 1953 Comp.,  70-7-33, enacted by Laws 1975, ch. 38,  33; 1977, ch. 130,  1; 1995,
ch. 195,  14.


47-8-34. Notice of extended absence.
A. If the rental agreement requires the resident to give notice to the owner of an anticipated
extended absence in excess of seven days as required in Subsection A of Section 3 [47-8-3 NMSA
1978] of the Uniform Owner-Resident Relations Act and the resident willfully fails to do so, the
owner may recover damages from the resident. 
B. During any absence of the resident in excess of seven days, the owner may enter the dwelling
unit at times reasonably necessary. 
C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3 of the
Uniform Owner-Resident Relations Act, the owner shall be entitled to take immediate possession
of the dwelling unit. The owner shall, in such cases, be responsible for the removing and storing
of the personal property for such periods as are provided by law. Upon abandonment, the owner
may make reasonable efforts to rent the dwelling unit and premises at a fair rental. If the owner
rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is
deemed to be terminated as of the date the new tenancy begins. 

History: 1953 Comp.,  70-7-34, enacted by Laws 1975, ch. 38,  34.


47-8-34.1. Disposition of property left on the premises.
A. Where the rental agreement terminates by abandonment pursuant to Section 47-8-34 NMSA
1978: 
(1) the owner shall store all personal property of the resident left on the premises for not less than
thirty days; 
(2) the owner shall serve the resident with written notice stating the owner's intent to dispose of
the personal property on a date not less than thirty days from the date of the notice. The notice
shall also contain a telephone number and address where the resident can reasonably contact the
owner to retrieve the property prior to the disposition date in the notice; 
(3) the notice of intent to dispose of personal property shall be personally delivered to the resident
or be sent by first class mail, postage prepaid, to the resident at his last known address. If the
notice is returned as undeliverable, or where the resident's last known address is the vacated
dwelling unit, the owner shall also serve at least one notice to such other address as has been
provided to the owner by the resident, including the address of the resident's place of
employment, or of a family member or emergency contact for which the owner has a record; 
(4) the resident may contact the owner to retrieve the property at any time prior to the date
specified in the notice for disposition of the property; 
(5) the owner shall provide reasonable access and adequate opportunities for the resident to
retrieve all of the property stored prior to any disposition; and 
(6) if the resident does not claim or make attempt to retrieve the stored personal property prior to
the date specified in the notice of disposition of the property, the owner may dispose of the stored
personal property. 
B. Where the rental agreement terminates by the resident's voluntary surrender of the premises,
the owner shall store any personal property on the premises for a minimum of fourteen days from
the date of surrender of the premises. The owner shall provide reasonable access to the resident
for the purpose of the resident obtaining possession of the personal property stored. If after
fourteen days from surrender of the premises, the resident has not retrieved all the stored personal
property, the owner may dispose of the stored personal property. 
C. Where the rental agreement terminates by a writ of restitution, the owner shall have no
obligation to store any personal property left on the premises after three days following execution
of writ of restitution, unless otherwise agreed by the owner and resident. The owner may
thereafter dispose of the personal property in any manner without further notice or liability. 
D. Where the property has a market value of less than one hundred dollars ($100), the owner has
the right to dispose of the property in any manner. 
E. Where the property has a market value of more than one hundred dollars ($100), the owner
may: 
(1) sell the personal property under any provisions herein, and the proceeds of the sale, if in
excess of money due and owing to the owner, shall be mailed to the resident at his last known
address along with an itemized statement of the amounts received and amounts allocated to other
costs, within fifteen days of the sale; or 
(2) retain the property for his own use or the use of others, in which case the owner shall credit
the account of the resident for the fair market value of the property against any money due and
owing to the owner, and any value in excess of money due and owing shall be mailed to the
resident at his last known address along with an itemized statement of the value allocated to the
property and the amount allocated to costs within fifteen days of the retention of the property. 
F. If the last known address is the dwelling unit, the owner shall also mail at least one copy of the
accounting and notice of the sums for distribution, to the other address, if provided to the owner
by the resident, such as, place of employment, family members, or emergency contact on record
with the owner. 
G. An owner may charge the resident reasonable storage fees for any time that the owner
provided storage for the resident's personal property and the prevailing rate of moving fees. The
owner may require payment of storage and moving costs prior to the release of the property. 
H. The owner may not hold the property for any other debts claimed due or owning or for
judgments for which an application for writ of execution has not previously been filed. The owner
may not retain exempt property where an application for a writ of execution has been granted. 

History: 1978 Comp.,  47-8-34.1, enacted by Laws 1995, ch. 195,  15.


47-8-35. Claim for rent and damages.
If the rental agreement is terminated, the owner is entitled to possession and may have a claim for
rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's
fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform
Owner-Resident Relations Act. 

History: 1953 Comp.,  70-7-35, enacted by Laws 1975, ch. 38,  35.


47-8-36. Unlawful removal and diminution of services prohibited.
A. Except in case of abandonment, surrender or as otherwise permitted in the Uniform
Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978], an owner or any person acting
on behalf of the owner shall not knowingly exclude the resident, remove, threaten or attempt to
remove or dispossess a resident from the dwelling unit without a court order by: 
(1) fraud; 
(2) plugging, changing, adding or removing any lock or latching device; 
(3) blocking any entrance into the dwelling unit; 
(4) interfering with services or normal and necessary utilities to the unit pursuant to Section
47-8-32 NMSA 1978, including but not limited to electricity, gas, hot or cold water, plumbing,
heat or telephone service, provided that this section shall not impose a duty upon the owner to
make utility payments or otherwise prevent utility interruptions resulting from nonpayment of
utility charges by the resident; 
(5) removing the resident's personal property from the dwelling unit or its premises; 
(6) removing or incapacitating appliances or fixtures, except for making necessary and legitimate
repairs; or 
(7) any willful act rendering a dwelling unit or any personal property located in the dwelling unit
or on the premises inaccessible or uninhabitable. 
B. The provisions of Subsection A of this section shall not apply if an owner temporarily
interferes with possession while making legitimate repairs or inspections as provided for in the
Uniform Owner-Resident Relations Act. 
C. If an owner commits any of the acts stated in Subsection A of this section, the resident may: 
(1) abate one hundred percent of the rent for each day in which the resident is denied possession
of the premises for any portion of the day or each day where the owner caused termination or
diminishment of any service for any portion of the day; 
(2) be entitled to civil penalties as provided in Subsection B of Section 47-8-48 NMSA 1978; 
(3) seek restitution of the premises pursuant to Sections 47-8-41 and Section 47-8-42 NMSA
1978 or terminate the rental agreement; and 
(4) be entitled to damages. 

History: 1953 Comp.,  70-7-36, enacted by Laws 1975, ch. 38,  36; 1995, ch. 195,  16.


47-8-36.1. Landlord lien.
A. There shall be no landlord's lien arising out of the rental of a dwelling unit to which the
Uniform Owner-Resident [Relations] Act [47-8-1 to 47-8-51 NMSA 1978] applies. 
B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising
out of a claim for rent or damages. 

History: 1978 Comp.,  47-8-36.1, enacted by Laws 1995, ch. 195,  17.


47-8-37. Notice of termination and damages.
A. The owner or the resident may terminate a week-to-week residency by a written notice
given to the other at least seven days prior to the termination date specified in the notice. 
B. The owner or the resident may terminate a month-to-month residency by a written
notice given to the other at least thirty days prior to the periodic rental date specified in the
notice. 
C. If the resident remains in possession without the owner's consent after expiration of the
term of the rental agreement or its termination, the owner may bring an action for possession and
if the resident's holdover is willful and not in good faith the owner, in addition, may recover the
damages sustained by him and reasonable attorney's fees. If the owner consents to the resident's
continued occupancy, Subsection C of Section 15 [47-8-15 NMSA 1978] of the Uniform
Owner-Resident Relations Act applies. 

History: 1953 Comp.,  70-7-37, enacted by Laws 1975, ch. 38,  37.


47-8-38. Injunctive relief.
A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel
access or terminate the rental agreement. In either case, the owner may recover damages,
reasonable attorney's fees and court costs. 
B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes
repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing
the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement. In either case, the resident may recover damages and reasonable
attorney's fees. 

History: 1953 Comp.,  70-7-38, enacted by Laws 1975, ch. 38,  38.


47-8-39. Owner retaliation prohibited.
A. An owner may not retaliate against a resident who is in compliance with the rental agreement
and not otherwise in violation of any provision of the Uniform Owner-Resident Relations Act
[47-8-1 to 47-8-51 NMSA 1978] by increasing rent, decreasing services or by bringing or
threatening to bring an action for possession because the resident has within the previous three
months: 
(1) complained to a government agency charged with responsibility for enforcement of a minimum
building or housing code of a violation applicable to the premises materially affecting health and
safety; 
(2) organized or become a member of a residents' union, association or similar organization; 
(3) acted in good faith to exercise his rights provided under the Uniform Owner-Resident
Relations Act, including when the resident makes a written request or complaint to the owner to
make repairs to comply with the owner's obligations under Section 47-8-20 NMSA 1978; 
(4) made a fair housing complaint to a government agency charged with authority for enforcement
of laws or regulations prohibiting discrimination in rental housing; 
(5) prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit pending against the
owner relating to the residency; 
(6) testified on behalf of another resident; or 
(7) abated rent in accordance with the provisions of Sections 47-8-27.1 or 47-8-27.2 NMSA
1978. 
B. If the owner acts in violation of Subsection A of this section, the resident is entitled to the
remedies provided in Section 47-8-48 NMSA 1978 and the violation shall be a defense in any
action against him for possession. 
C. Notwithstanding the provisions of Subsection A of this section, the owner may increase the
rent or change services upon appropriate notice at the end of the term of the rental agreement or
as provided under the terms of the rental agreement if the owner can establish that the increased
rent or changes in services are consistent with those imposed on other residents of similar rental
units and are not directed at the particular resident, but are uniform. 

History: 1953 Comp.,  70-7-39, enacted by Laws 1975, ch. 38,  39; 1989, ch. 253,  1; 1995,
ch. 195,  18.


47-8-40. Action for possession by owner.
A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA 1978, an owner may
bring an action for possession if: 
(1) the violation of the applicable minimum building or housing code was caused
primarily by lack of reasonable care by the resident or other person in his household or upon the
premises with the resident's consent; 
(2) the resident is in default in rent; 
(3) there is a material noncompliance with the rental agreement that would
otherwise give rise to the owner's right to terminate the rental agreement; 
(4) a resident knowingly commits or consents to any other person in the dwelling
unit or on the premises knowingly committing a substantial violation; or 
(5) compliance with the applicable building or housing code requires alteration,
remodeling or demolition that would effectively deprive the resident of use of the dwelling unit. 
B. The maintenance of an action under Subsection A of this section does not release the
owner from liability under Section 47-8-20 NMSA 1978. 

History: 1953 Comp.,  70-7-40, enacted by Laws 1975, ch. 38,  40; 1995, ch. 195,  19.


47-8-41. Action for possession by owner or resident.
An action for possession of any premises subject to the provisions of the Uniform
Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] shall be commenced in the
manner prescribed by the Uniform Owner-Resident Relations Act. 

History: 1953 Comp.,  70-7-41, enacted by Laws 1975, ch. 38,  41.


47-8-42. Petition for restitution.
The person seeking possession shall file a petition for restitution with the clerk of the district or
magistrate court. The petition shall contain: 
A. the facts, with particularity, on which he seeks to recover; 
B. a reasonably accurate description of the premises; and 
C. the requisite compliance with the notice provisions of the Uniform Owner-Resident
Relations Act [47-8-1 to 47-8-51 NMSA 1978]. 

The petition may also contain other causes of action relating to the residency, but such causes of
action shall be answered and tried separately, if requested by either party in writing. 

History: 1953 Comp.,  70-7-42, enacted by Laws 1975, ch. 38,  42.


47-8-43. Issuance of summons.
A. The summons shall be issued and directed, with a copy of the petition attached to the
summons, and shall state the cause of the complaint, the answer day for other causes of action and
notice that if the defendant fails to appear, judgment shall be entered against him. The summons
may be served pursuant to the New Mexico rules of civil procedure and returned as in other
cases. Trial of the action for possession shall be set as follows: 
(1) for any matter brought by the owner for possession, not less than seven or
more than ten days after the service of summons; or 
(2) for any matter brought by the resident for possession, not less than three or
more than five days after the service of summons. 
B. Upon finding of good cause, the court may continue the date of hearing on the action
for possession for up to seven days from the date of the initial hearing. 

History: 1953 Comp.,  70-7-43, enacted by Laws 1975, ch. 38,  43; 1995, ch. 195,  20.


47-8-44. Absence from court of defendant.
If the defendant shall not appear in response to the summons, and it shall have been properly
served, the court shall try the cause as though he were present. 

History: 1953 Comp.,  70-7-44, enacted by Laws 1975, ch. 38,  44.


47-8-45. Legal or equitable defense.
On or before the day fixed for his appearance, the defendant may appear and answer and assert
any legal or equitable defense, setoff or counterclaim. 

History: 1953 Comp.,  70-7-45, enacted by Laws 1975, ch. 38,  45.


47-8-46. Writ of restitution.
A. Upon petition for restitution filed by the owner if judgment is rendered against the
defendant for restitution of the premises, the court shall declare the forfeiture of the rental
agreement and shall, at the request of the plaintiff or his attorney, issue a writ of restitution
directing the sheriff to restore possession of the premises to the plaintiff on a specified date not
less than three nor more than seven days after entry of judgment. 
B. Upon a petition for restitution filed by the resident, if judgment is rendered against the
defendant for restitution of the premises, the court shall, at the request of the plaintiff or his
attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to
the plaintiff within twenty-four hours after entry of judgment. 

History: 1953 Comp.,  70-7-46, enacted by Laws 1975, ch. 38,  46; 1995, ch. 195,  21.


47-8-47. Appeal stays execution.
A. If either party feels aggrieved by the judgment, he may appeal as in other civil actions.
An appeal by the defendant shall stay the execution of any writ of restitution; provided that in
cases in which the resident is the appellant, the execution of the writ of restitution shall not be
stayed unless the resident shall, within five days of the filing of the notice of appeal, pay into an
escrow account established by the trial court an amount equal to the rental amount that shall come
due from the day following the judgment through the end of that rental period. The resident shall
continue to pay the monthly rent established by the rental agreement at the time the complaint was
filed, into the escrow account on a monthly basis on the date rent would otherwise become due.
Payments into an escrow account pursuant to this subsection by a subsidized resident shall not
exceed the actual amount of monthly rent paid by that resident. Such amounts shall be paid over
to the owner monthly unless otherwise ordered by the trial court. Upon the resident's failure to
make any monthly escrow deposit on the first day rent would otherwise come due, the owner
shall serve a three-day written notice on the resident pursuant to Subsection B of Section 47-8-33
NMSA 1978. If the resident fails to deposit the rent within three days, a hearing on the issue shall
be scheduled within ten days from the date the court is notified of the failure to deposit rent. The
trial court shall lift the stay and issue the writ of restitution forthwith, unless the resident
demonstrates a legal justification for failing to comply with the escrow requirement. 
B. In order to stay the execution of a money judgment, the trial court, within its
discretion, may require an appellant to deposit with the clerk of the trial court the amount of
judgment and costs or to give a supersedeas bond in the amount of judgment and costs with or
without surety. Any bond or deposit shall not be refundable during the pendency of any appeal. 
C. If judgment is rendered in favor of the owner, all money remaining in the escrow
account established by the court shall be paid over by the court, following judgment, to the owner
without penalty or charges. 

History: 1953 Comp.,  70-7-47, enacted by Laws 1975, ch. 38,  47; 1989, ch. 253,  2; 1995,
ch. 195,  22.


47-8-48. Prevailing party rights in law suit; civil penalties.
A. If suit is brought by any party to the rental agreement to enforce the terms and
conditions of the rental agreement or to enforce any provisions of the Uniform Owner-Resident
Relations Act [47-8-1 to 47-8-51 NMSA 1978], the prevailing party shall be entitled to
reasonable attorneys' fees and court costs to be assessed by the court. 
B. Any owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall
be subject to a civil penalty equal to two times the amount of the monthly rent. 
C. Any resident who intentionally violates a provision of Subsection F of Section 47-8-22
NMSA 1978 shall be subject to a civil penalty equal to two times the amount of the monthly rent. 

History: 1953 Comp.,  70-7-48, enacted by Laws 1975, ch. 38,  48; 1995, ch. 195,  23.


47-8-49. Unlawful and forcible entry.
The laws and procedures of New Mexico pertaining to complaints of unlawful and forcible entry
shall apply to actions for possession of any premises not subject to the provisions of the Uniform
Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] or the Mobile Home Park Act
[Ch. 47, art. 10 NMSA 1978]. 

History: 1953 Comp.,  70-7-49, enacted by Laws 1975, ch. 38,  49; 1995, ch. 195,  24.


47-8-50. Prior transactions valid.
Transactions entered into before the effective date of the Uniform Owner-Resident Relations Act
[47-8-1 to 47-8-51 NMSA 1978], and not extended or renewed after that date, and the rights,
duties and interests flowing from them remain valid and may be terminated, completed,
consummated or enforced as required or permitted prior to the effective date of the Uniform
Owner-Resident Relations Act. 

History: 1953 Comp.,  70-7-50, enacted by Laws 1975, ch. 38,  50.


47-8-51. Applicability.
The provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]
are applicable to rental agreements entered into or extended or renewed after the effective date
and shall not be applicable to any agreements or conditions entered into between the owner and
resident which provisions may alter agreements or conditions existing prior to the effective date of
the provisions of the Uniform Owner-Resident Relations Act. 

History: 1953 Comp.,  70-7-51, enacted by Laws 1975, ch. 38,  51.


47-8-52. Conflicts; applicability of law.
Unless a provision of the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978] directly
conflicts with the provisions of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51
NMSA 1978], the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile
home park owners and residents. 

History: Laws 1989, ch. 253,  3.




New Mexico Territorial Laws 
Chapter 35 Magistrate and Municipal Courts 
Chapter 35, Article 10 Magistrate Court; Forcible Entry or Unlawful Detainer 


ARTICLE 10
MAGISTRATE COURT; FORCIBLE ENTRY OR UNLAWFUL DETAINER

Section
35-10-1. Forcible entry or detainer; grounds. 
35-10-2. Limitation of remedy. 
35-10-3. Forcible entry or detainer; special provisions. 
35-10-4. Forcible entry or detainer; judgment. 
35-10-5. Forcible entry or detainer; damages on appeal. 
35-10-6. Forcible entry or detainer; form of execution. 


35-10-1. Forcible entry or detainer; grounds.
A. A civil action for forcible entry or unlawful detainer of real property is commenced by the filing
of a civil complaint alleging that one or more of the following facts
exists: 
(1) the defendant entered and occupied the lands and tenements of another against the will or
consent of the owner and refused to vacate the premises after notice by the owner or his agent or
attorney; 
(2) the defendant holds over after the termination, or contrary to the terms of, his lease or
tenancy; 
(3) the defendant fails to pay rent at the time stipulated for payment; 
(4) the defendant continues in possession after a sale by foreclosure of mortgage or on execution
unless the defendant claims by a title paramount to the mortgage under which the sale was made
or by title derived from the purchaser at the sale; or 
(5) the defendant is a tenant from month to month or a tenant at will and continues in possession
of the premises after thirty days' written notice by the owner or his agent or attorney to vacate. 
B. The district court of the county in which the real property is located has concurrent original
jurisdiction in civil actions for forcible entry or unlawful detainer when the rent contracted for
amounts to fifty dollars ($50.00) or more a month or when the reasonable rental value of the
premises is fifty dollars ($50.00) or more a month. 

History: 1953 Comp.,  36-12-1, enacted by Laws 1968, ch. 62,  122.


35-10-2. Limitation of remedy.
The provisions of Sections 35-10-1 through 35-10-6 NMSA 1978 shall not apply to actions by a
landlord arising out of a residential tenancy governed by the Uniform Owner-Resident Relations
Act [47-8-1 to 47-8-51 NMSA 1978]. 

History: 1953 Comp.,  36-12-1.1, enacted by Laws 1975, ch. 38,  53.


35-10-3. Forcible entry or detainer; special provisions.
A. Except as provided in Section 35-10-1 NMSA 1978, three days' notice in writing to quit must
be given to the defendant before a civil action for forcible entry or unlawful detainer may be filed. 
B. The return day of the summons in an action for forcible entry or unlawful detainer shall be not
less than three, nor more than ten, days from the time of service of the civil complaint and
summons on the defendant. Except by consent of the parties, no continuance shall be granted for
more than ten days. 
C. The questions of title or boundaries of land shall not be investigated in an action for forcible
entry or unlawful detainer, but the action does not prevent a party from testing the right of
property in any other manner. An action for forcible entry or unlawful detainer may not be
brought in connection with any other action, nor may it be made the subject of setoff. 
D. The right of a landlord in an action for forcible entry or unlawful detainer is not affected by the
underleasing of his tenant. 
E. When a lessee has been induced to take a lease by means of force, fraud or intimidation, he
may plead a paramount title in himself, an outstanding title or the want of title in the lessor. 
F. Legal representatives of a person who, if alive, might have brought an action for forcible entry
or unlawful detainer may bring the action after his death. 
G. All laws and procedures governing magistrate courts apply to actions for forcible entry or
unlawful detainer in the magistrate court except as otherwise provided by law. 

History: 1953 Comp.,  36-12-2, enacted by Laws 1968, ch. 62,  123.


35-10-4. Forcible entry or detainer; judgment.
A. If the defendant is found guilty in a civil action for forcible entry or unlawful detainer,
judgment shall be entered against him: 
(1) for damages; and 
(2) that he be removed from the premises and the plaintiff be put in possession. 
B. Execution shall include an order that the sheriff or a full-time, salaried deputy sheriff remove
the defendant from the premises. 

History: 1953 Comp.,  36-12-3, enacted by Laws 1968, ch. 62,  124.


35-10-5. Forcible entry or detainer; damages on appeal.
A. If the plaintiff recovers judgment in an action for forcible entry or unlawful detainer upon
appeal: 
(1) to the district court, the damages assessed shall be the actual value of the rent due until entry
of judgment by the magistrate court and double the value of all rent accrued thereafter until entry
of judgment in the district court; and 
(2) to the supreme court or court of appeals, further damages at double the value of all rent
accrued from the entry of judgment in the district court until delivery of possession to him. 
B. The supersedeas bond required under Section 39-3-22 NMSA 1978, shall contain a condition
requiring the defendant appealing or taking a writ of error to the supreme court or court of
appeals to pay all damages prescribed in this section if the judgment of the district court is
affirmed by the supreme court or court of appeals, and the amount of the bond shall be sufficient
to cover all such damages. The bond operates as a supersedeas to the order of removal as well as
to execution for damages and costs. Upon final disposition of the appeal from the district court in
his favor, the plaintiff may sue on the supersedeas bond to recover the damages. 

History: 1953 Comp.,  36-12-4, enacted by Laws 1968, ch. 62,  125.

35-10-6. Forcible entry or detainer; form of execution.

Executions in civil actions for forcible entry or detainer in the magistrate court shall be in
substantially the following form: 


"STATE OF NEW MEXICO
...... MAGISTRATE DISTRICT, DIVISION ...... 
(Name), Plaintiff
v. CIVIL DOCKET NO. ....... 
(Name), Defendant 

EXECUTION IN FORCIBLE ENTRY OR DETAINER
THE STATE OF NEW MEXICO
To: The sheriff or a full-time, salaried deputy sheriff: 
Judgment having been entered for the plaintiff in this action, you are ordered to cause the
defendant forthwith to be removed from the premises at: (describe premises as in the judgment)
...... the plaintiff to have possession thereof, and that you levy against the personal property of the
defendant, wherever the same may be found in the county, the sum of ... ($ ... ) and your fees
hereon, and that you return this writ to me within twenty days.
Dated .........., 19 ... .....................................
Magistrate" 

History: 1953 Comp.,  36-12-5, enacted by Laws 1968, ch. 62,  126.


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