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 Mexicolaw lets you do if they don't.
The deadline
7 days after written notice
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.
NMSA 1978 § 47-8-20 · NMSA 1978 §§ 47-8-27.1, 47-8-27.2
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)(3) protects a resident who has, within the previous six months, made a written request or complaint to the owner to make repairs — so this letter itself starts that six-month protection. Under § 47-8-48(C), an owner who retaliates is liable for two times the amount of the monthly rent, and the violation is a defense to any action for possession.
Limits and exceptions
New Mexico has no repair-and-deduct statute — rent abatement is the remedy — so this letter claims none. Under § 47-8-27.1(D) a resident may not both terminate and abate for the same violation within the same rental period. 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.
Put it in writing — the way the statute expects
We'll write your notice citing NMSA 1978 § 47-8-20, the deadline it gives your landlord, and what happens if they miss it. Free to generate and download. If you want it sent USPS Certified Mail with tracking, we do that too.
Write my New Mexico repair noticeCommon 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)(3) protects a resident who has, within the previous six months, made a written request or complaint to the owner to make repairs — so this letter itself starts that six-month protection. Under § 47-8-48(C), an owner who retaliates is liable for two times the amount of the monthly rent, and the violation is a defense to any action for possession.
- 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.
Moving out of this New Mexico rental?
New Mexico gives your landlord 30 days to return your security deposit under N.M. Stat. § 47-8-18. See the deposit rules →
Verified against New Mexico's published statute text on August 11, 2026 — read the statute yourself. General information, not legal advice. We are not a law firm.