New Mexico Renters’ Rights and Landlord Responsibilities

Both landlords and tenants have distinct rights and responsibilities under New Mexico’s Uniform Owner-Resident Relations Act.

Tenant Rights

• The right to safe and habitable housing that meets health and safety codes.

• Protection against illegal eviction without proper notice and due process.

• The ability to request necessary repairs in a timely manner.

• The right to privacy, requiring landlords to give 24-hour notice before entering the unit (except in emergencies).

Landlord Rights

• The right to receive timely rent payments from tenants.

• The ability to terminate leases for violations, nonpayment of rent, or lease expiration.

• The right to inspect rental units with proper notice.

• The ability to withhold security deposits for damages beyond normal wear and tear.

Both landlords and tenants must adhere to their lease agreements and follow state and local rental laws to avoid legal disputes.

Compliance with Fair Housing Laws in New Mexico

Landlords must comply with the Federal Fair Housing Act and New Mexico Human Rights Act, which prohibit discrimination based on:

• Race, color, or national origin

• Religion

• Sex, gender identity, or sexual orientation

• Disability

• Familial status (having children under 18)

• Ancestry

Fair Housing Compliance Tips for Landlords

• Treat all applicants equally and apply consistent screening policies.

• Avoid discriminatory language in rental advertisements.

• Make reasonable accommodations for tenants with disabilities.

• Follow fair eviction procedures without bias or retaliation.

Violating fair housing laws can result in legal penalties, fines, and lawsuits.

Security Deposits in New Mexico

New Mexico law regulates how landlords handle security deposits to protect tenants from unfair deductions.

Key Security Deposit Rules

• Limit: No maximum deposit for leases under one year; for leases over one year, landlords may require up to two months’ rent.

• Return Period: Landlords must return the deposit within 30 days after the lease ends.

• Itemized Deductions: If any amount is withheld, landlords must provide a written list of deductions.

• Allowed Deductions:

  • Unpaid rent or utility bills

  • Damage beyond normal wear and tear

  • Cleaning fees (if specified in the lease)

Failure to return a security deposit on time may result in landlords owing tenants twice the withheld amount as damages.

Maintenance Responsibilities of Landlords in New Mexico

Landlords are legally required to maintain habitable living conditions under New Mexico’s implied warranty of habitability.

Landlord Maintenance Duties

• Keep all electrical, plumbing, heating, and cooling systems in working order.

• Maintain common areas in a safe condition.

• Provide running water and adequate heating.

• Ensure compliance with building, health, and safety codes.

Tenant Responsibilities

• Keep the rental unit clean and undamaged.

• Use appliances and fixtures properly.

• Notify the landlord of necessary repairs in writing.

• Dispose of garbage properly.

If a landlord fails to make essential repairs, tenants can:

1. Send a written request giving the landlord a reasonable time to fix the issue.

2. Withhold rent or deduct repair costs (if allowed by lease terms).

3. File a complaint with local housing authorities or take legal action.

Eviction Procedures for New Mexico Landlords

Evictions in New Mexico must follow strict legal procedures to ensure fairness.

Common Legal Reasons for Eviction

• Nonpayment of rent (3-day notice to pay or vacate)

• Lease violations (7-day notice to correct or vacate)

• End of lease term (no cause needed if proper notice is given)

• Criminal activity or property damage (immediate eviction may apply)

New Mexico Eviction Process

1. Provide Written Notice: Landlords must serve an official eviction notice based on the reason for termination.

2. File for Eviction in Court: If the tenant does not comply, the landlord can file an unlawful detainer lawsuit.

3. Court Hearing: A judge will determine if the eviction is lawful.

4. Writ of Restitution: If the landlord wins, the tenant is given a set time to leave before the sheriff enforces removal.

Illegal Evictions

Landlords cannot evict tenants by:

• Changing locks

• Removing belongings

• Cutting off utilities

Tenants can sue landlords for unlawful eviction and seek damages.

Conclusion

Understanding New Mexico landlord-tenant law ensures that both parties fulfill their legal responsibilities. Landlords must comply with fair housing laws, maintain habitable properties, and follow the correct eviction process. Tenants should be aware of their rights, including deposit regulations and maintenance obligations. By staying informed, landlords and tenants can avoid legal disputes and maintain positive rental relationships.