Posted in Blog  
  on Oct 15, 2015

New Mexico Landlord Tenant Law Explained

New Mexico requires landlords and tenants to perform certain duties in regards to a rental unit. Who is responsible for what is explained under the statutes of the landlord-tenant laws of the state. Here is a brief overview of common questions regarding those laws.

1. A Rental Unit Must Be a Clean And Safe Place To Live.

This means tenants must maintain a clean living environment by removing trash and other debris. If there are pets on the property, then all animal waste must be properly disposed of regularly. Landlords must make sure the home has services that are provided to it, including water, heat, and pest control.

2. A Rental Agreement Is Limited To The Stipulations That It Can Provide.

Tenants cannot agree to certain stipulations that may be in a lease. The rules that are included must be designed to improve the appearance of the property and the safety of the tenant. An equitable delivery of services to all tenants is also required. Each rule must fulfill a reasonable purpose and not be in place to avoid a landlord's or a tenant's legal obligations.

3. Landlords Have a Reasonable Right To Access a Rental Unit.

Tenants must be given a 24 hour written notice for an authorized entry into a rental unit. Authorized entry includes repairs, inspections, or to show the unit to a prospective buyer. Repairs that have been requested by the tenant within the past 7 days are exempted from this statute. Refusal to allow a landlord in without cause is consider a rental agreement violation and can become the basis of an eviction proceeding.

4. Most Lease Violations Have 3-7 Days To Rectify.

If a tenant is late on their rent, then they have 3 days to pay it or the lease will terminate. Substantial violations also qualify for a 72 hour notice, including criminal or drug-related offenses or lease violations that could harm other tenants. All other lease violations have a 7 day notice.

5. Tenants Have a Right To Use Their Rental Unit Until Evicted Or They Move.

Tenants cannot be locked out of their rental unit unless the court has ordered their removal. This is true even when eviction proceedings have been filed. The New Mexico landlord tenant law explained here is just a small sample of how this unique business relationship is defined. For specific answers to other questions you may have, be sure to take a look at the full list of laws and how they may apply.


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