Can a Landlord Shut Off Electricity for Non-Payment in New Mexico?

If you're renting a home or apartment in New Mexico, understanding your rights around utility shut-offs, especially electricity, is important. Losing power can seriously impact your health, safety, and comfort. This guide explains when, if ever, a landlord can shut off your electricity for non-payment, what New Mexico law says, and practical steps you can take if this happens.

Can a Landlord Legally Shut Off Electricity for Non-Payment?

In New Mexico, landlords are not permitted to shut off your electricity or any essential utility service—even if you have missed rent payments or are behind on utility bills. This is known as a "self-help eviction," and state law specifically prohibits it. The only legal way for a landlord to remove a tenant for non-payment is by following the New Mexico Uniform Owner-Resident Relations Act eviction process.^[1]

What Counts as an Essential Service?

• Electricity
• Water
• Gas
• Heat
• Other services vital for health and safety

These services must remain active unless disconnected by the provider for legitimate reasons unrelated to the landlord's actions.

What to Do If Your Landlord Shuts Off Your Electricity

If your landlord intentionally disconnects your electricity to force payment or eviction, you have the right to take immediate legal action. Here’s how you can respond:

• Contact your landlord in writing: Request that the electricity be restored right away.
• Document everything: Take photos, save text messages, and keep copies of any communications.
• Reach out to local law enforcement: In some cases, local police may help enforce your right to essential services.
• File a complaint in court: You may be able to sue for damages or ask a judge to order immediate restoration of services.

This process is handled through the New Mexico Magistrate Court, which manages landlord-tenant disputes in rental housing.

Official Forms You May Need

• Petition by Resident for Relief (Form 4-904):  Use this form if your landlord has unlawfully shut off utilities. For example, if your landlord disconnects electricity to make you move out, you can file this petition at your local Magistrate Court to request a court order restoring your utilities. You can download the form and read filing instructions at the New Mexico Courts Civil Forms page.

What Does the Law Say?

Under the Uniform Owner-Resident Relations Act, landlords must provide "essential services" such as electricity to tenants, unless the utility company itself discontinues services for reasons beyond the landlord’s control. Landlords cannot use utility shut-offs to pressure tenants to pay or leave. Violations can result in financial penalties for the landlord.^[1]

How Evictions for Non-Payment Actually Work

• Landlord must give you written notice of rent non-payment (usually 3 days)
• If not resolved, landlord may file for eviction in court—not through utility shut-off
• Court decides the outcome; only a judge can approve removal of a tenant

If you're threatened with a power shut-off, remember: an eviction must always follow court procedures, not shortcuts.

FAQ: New Mexico Utility Shut-Off and Tenant Rights

1. Can my landlord ever disconnect my electricity if I owe rent?
   No, landlords in New Mexico cannot legally disconnect electricity or any essential utility, even if you are behind on rent. Only utility providers can disconnect services for direct, unpaid utility bills and typically must provide advance notice.
2. Who do I contact if my landlord shuts off my power?
   You can reach out to New Mexico Magistrate Court to file a complaint and consider contacting local law enforcement for help restoring essential services. See the official landlord-tenant issues page for assistance.
3. What form do I use if I need to take my landlord to court over a utility shut-off?
   Use the Petition by Resident for Relief (Form 4-904) to ask the court to order the landlord to restore utilities and seek compensation.
4. Can utilities ever be shut off by the provider during my tenancy?
   Utilities can be disconnected by the service provider (like the electric company) for non-payment of your utility bill. Providers must follow state utility rules and notifications. Landlord-caused shut-offs are illegal.
5. Does a landlord have to pay utility bills if they're in their name?
   Yes, if your rental agreement says utilities are included in rent, your landlord must pay them. If they don't, and utilities are shut off, you have the right to seek relief through court.

Conclusion: Key Takeaways for New Mexico Renters

• Your landlord cannot legally shut off electricity to force payment or eviction—this is against state law.
• Always document any illegal utility shut-off and consider using official forms and Magistrate Court action to restore services.
• Eviction must go through the formal court system, never through "self-help" actions by your landlord.

Knowing your rights ensures your health and safety and empowers you to take action if your utilities are wrongly disconnected.

Need Help? Resources for Renters

• New Mexico Magistrate Court – Landlord/Tenant Issues: Official resource for landlord-tenant disputes and forms
• New Mexico Mortgage Finance Authority: State housing agency for renters' assistance and support
• New Mexico Attorney General Consumer Protection Division: Help with illegal landlord actions and rental complaints

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1. Uniform Owner-Resident Relations Act, NMSA 1978, Chapter 47, Article 8

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