New Mexico landlord repair laws

What your landlord is required to fix, how long they have once you put it in writing, and what New Mexico law lets you do if they don't.

What your landlord must maintain

Under NMSA 1978 § 47-8-20, a landlord must substantially comply with applicable minimum housing codes materially affecting health and safety, make repairs to keep the premises safe, keep common areas safe, maintain electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities in good and safe working order, provide waste receptacles and removal, and supply running water and a reasonable amount of hot water at all times and reasonable heat.

Conditions the statute covers

• ✓No working heat
• ✓No running water
• ✓No hot water
• ✓Electrical system not working or unsafe
• ✓Plumbing not in working order
• ✓Sewage backup or unsanitary conditions
• ✓Air conditioning not working (where supplied)
• ✓Supplied appliances not working — stove, refrigerator
• ✓Unsafe floors, stairs, railings, ceiling, or roof
• ✓Roof, window, or plumbing leak causing damage
• ✓Mold growth
• ✓Rodent or insect infestation
• ✓Common areas unsafe or unsanitary
• ✓No garbage receptacles or removal
• ✓Broken exterior door, window, or lock
• ✓Building or housing code violation

What you can do about it

Once written notice has been given and the statutory period has passed, you may abate rent under § 47-8-27.2 — one-third of the pro-rata daily rent for each day from this notice until the conditions are remedied, or one hundred percent of the rent for each day the dwelling is uninhabitable and I do not live in it as a result — or terminate the rental agreement under § 47-8-27.1, together with damages and injunctive relief; under § 47-8-48(A) the prevailing party is entitled to reasonable attorneys' fees and court costs.

New Mexico has no repair-and-deduct remedy. Paying for a repair and subtracting the cost from your rent is not authorized here, and doing it anyway can put your tenancy at risk. Use the remedies the statute actually provides.

Retaliation is illegal

NMSA 1978 § 47-8-39(A) prohibits an owner from increasing rent, decreasing services, or bringing or threatening an action for possession because the resident acted in good faith to exercise rights under the Uniform Owner-Resident Relations Act, and the violation is a defense to any action for possession. New Mexico sets no look-back window, and this letter claims none.

Limits and exceptions

New Mexico has no repair-and-deduct statute — rent abatement is the remedy — so this letter claims none. Under § 47-8-27.2(B), for each rental period in which there is a violation the resident may abate the rent or choose an alternate remedy, and choosing one does not preclude an alternate remedy for the same violation in a later rental period. Abatement reaches only a violation of § 47-8-20(A) other than a failure or defect in an amenity, and § 47-8-27.2(E) provides that nothing in the section entitles a resident to abate rent for the unavailability of an amenity. Under § 47-8-20(B), where a local minimum housing code applies, substantial compliance with that code is the ceiling on the owner's duty, and § 47-8-20(C) permits a single-family owner and resident to shift the waste-removal and water and heat duties by written agreement for consideration.

Common questions

How long does a landlord have to make repairs in New Mexico?

Under NMSA 1978 § 47-8-27.2, you have seven days from this notice to remedy the conditions. Under § 47-8-27.1(E), if that seventh day falls on a weekend or federal holiday, the period runs to the next day that is neither. That clock starts when your landlord receives written notice — which is why how you send it matters.

Can I withhold rent or repair it myself in New Mexico?

New Mexico does not provide a repair-and-deduct remedy — paying for a repair and subtracting it from rent is not something the statute allows here, and doing it can put your tenancy at risk. Your remedies are abate rent under § 47-8-27.2 — one-third of the pro-rata daily rent for each day from this notice until the conditions are remedied, or one hundred percent of the rent for each day the dwelling is uninhabitable and I do not live in it as a result — or terminate the rental agreement under § 47-8-27.1, together with damages and injunctive relief; under § 47-8-48(A) the prevailing party is entitled to reasonable attorneys' fees and court costs.

Can my landlord retaliate if I ask for repairs in New Mexico?

NMSA 1978 § 47-8-39(A) prohibits an owner from increasing rent, decreasing services, or bringing or threatening an action for possession because the resident acted in good faith to exercise rights under the Uniform Owner-Resident Relations Act, and the violation is a defense to any action for possession. New Mexico sets no look-back window, and this letter claims none.

Do I have to put a repair request in writing in New Mexico?

Yes — and it is the single most important step. Under NMSA 1978 §§ 47-8-27.1, 47-8-27.2, the landlord's obligations and your remedies run from written notice. A text message or a phone call generally leaves you arguing about whether and when your landlord was told.