Owner Resident Relations (NM)

If you’re renting a place, you have the right to live there safely and comfortably as long as you’re paying rent and following the lease and the law. But what happens if your landlord isn’t doing their part? Maybe they aren’t making repairs, breaking the lease, or doing something illegal. Here’s what you can do.

Step 1: Give Your Landlord a Notice
If your landlord isn’t following the law, breaking the lease, or leaving your home in a dangerous or unhealthy condition, you can send them something called a Resident’s Seven-Day Notice of Abatement or Termination.
This notice tells the landlord:

• What law or lease term they are breaking.
• What they need to fix or do.
• That they have 7 days to take action (or start taking action if it can’t be finished in 7 days).

Step 2: What Happens After 7 Days?
If the landlord doesn’t fix the problem after 7 days, you have some options:

1. Move out without penalty. You can end the lease and leave safely.
2. Pay less rent. You can reduce your rent: NMSA 1978 § 47‑8‑27.2 (Abatement)
   • By one-third of the daily rent for each day the repairs aren’t done.
   • If your home is completely unlivable, you can stop paying rent entirely until it’s fixed.
3. Go to court. You can file a Petition by Resident for Possession, which is a legal claim against your landlord for damages or to protect your right to live there peacefully. You might file this petition if:
   • Your landlord locks you out illegally.
   • Utilities (like water or electricity) are wrongfully turned off.
   • Your landlord otherwise interferes with your right to live in the home.

For a comprehensive up to date overview of the Uniform Owner-Resident Relations Act visit Justia