Can a Landlord Show Your Apartment While You Move Out in New Mexico?

If you’re moving out of your apartment in New Mexico, you may wonder if your landlord has the right to show the unit to prospective tenants or buyers while you’re still packing. Knowing your rights is essential for a stress-free transition and to maintain your privacy. This article explains what New Mexico law says, your obligations, and what you can expect if your landlord wants to show your apartment during your move-out process.

Landlord Rights of Entry in New Mexico

In New Mexico, landlords are allowed to enter rental units for specific reasons—one of which is to show the apartment to prospective tenants or buyers. However, there are rules they must follow to protect your privacy and peace of mind, as outlined in the New Mexico Uniform Owner-Resident Relations Act (NM UORRA)^[1].

• Landlords must give at least 24 hours’ written notice before entering.
• Entry can only occur at reasonable times (typically during normal business hours).
• Landlord’s purpose must be legitimate, such as showing the place to a potential renter or buyer, making repairs, or inspecting for damages.

Even if you are in the process of moving out and packing, the landlord must abide by these rules.

Your Rights While Packing and Moving

You do not lose your rights as a tenant simply because you are moving out. Until your lease ends, you are entitled to proper notice and to have your privacy respected.

• You can ask the landlord to schedule showings at times that least disrupt your packing, such as after work hours or on weekends.
• If 24 hours’ notice is not given—except in emergencies—you can lawfully refuse entry.
• If your landlord is frequently or unreasonably entering, or not giving proper notice, you have the right to file a complaint.

Required Forms and Notifications

While New Mexico law does not specify a required form for landlord entry notices, the notice must be in writing and delivered in-person, by mail, or left at your door. If you decide to document an incident (for example, improper entry), keep copies of all communications.

• 24-Hour Notice of Entry (no formal form number): Used by landlords to notify tenants before entering for showings or repairs.
  Example: If your landlord wishes to show the apartment, expect a written notice stating the intended date and time of entry, the reason, and contact info.
  See entry requirements in NM UORRA Section 47-8-24.
• Request for Repairs or Complaint Letter (no formal form number): If you feel your rights are violated (such as repeated unannounced entry), you can send a written request or complaint. You may use a template from the New Mexico Real Estate Commission.

If a dispute arises, the court system may become involved, particularly if your security deposit is withheld due to alleged damages observed during showings.

Where to File Complaints

For formal disputes or if you need to resolve an issue, the New Mexico Magistrate Court handles residential tenancy issues. You can find guidance and resources on filing complaints at the New Mexico Courts Self-Help Center.

What to Do If There is a Dispute

If your landlord enters without proper notice or at unreasonable hours:

• Start by sending a written letter reminding your landlord of the notice requirement
• Document all instances of improper entry and your communications
• If the problem continues, file a formal complaint with the court listed above

Some renters find it helpful to negotiate a set showing schedule that works for both parties as an amicable solution.

Frequently Asked Questions

1. Can my landlord show my apartment while I’m still packing in New Mexico?
   Yes, but they must give you at least 24 hours’ written notice and enter only at reasonable times.
2. What should I do if my landlord enters without proper notice?
   Remind your landlord in writing, keep a record, and escalate to the court system if needed.
3. Does my landlord have to use a specific form for entry notice?
   No, but the notice must be in writing and clearly state the reason, date, and time of entry.
4. What if I want to refuse a showing?
   You may refuse entry if you have not been given proper notice, except in emergencies.
5. Where can I get help if I feel my rights are being violated?
   You can contact the New Mexico Magistrate Court or visit the Self-Help Center for guidance and forms.

Key Takeaways for NM Tenants

• Landlords can show your apartment while you move out, but must provide at least 24 hours’ written notice and follow reasonable hours.
• As a renter, you can negotiate showing times and refuse entry if legal notice is not given.
• If disputes arise, document everything and seek help from the New Mexico courts or support organizations.

Knowing your rights empowers you to protect your privacy and ensure a smooth move-out process.

Need Help? Resources for Renters

• New Mexico Courts Self-Help Center – Guidance and forms for tenants.
• New Mexico Uniform Owner-Resident Relations Act – Complete tenancy law text.
• New Mexico Real Estate Commission – Info and complaint filing.
• State Rental Assistance and Tenant Resources

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1. See New Mexico Uniform Owner-Resident Relations Act, Section 47-8-24.
2. New Mexico Magistrate Court is the main tribunal handling residential tenancy disputes.

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