Internet Service Rules for Renters in New Mexico Apartments

If you’re renting an apartment in New Mexico, understanding how internet service is handled can help you avoid confusion and resolve issues more smoothly. Whether you’re moving in, dealing with an outage, or unsure about billing, knowing your rights and the law is key.

Who Is Responsible for Internet Service in New Mexico Rentals?

In New Mexico, internet service is generally considered an optional utility, not a required part of a rental unit like running water or heat. The responsibility for setting up and paying for internet typically depends on your rental agreement (lease). Most leases state whether internet is included or if it’s up to the renter to arrange with a provider.

• If the lease includes internet: The landlord must provide and maintain this service as agreed.
• If the lease excludes internet: The tenant is responsible for setting up and paying for internet directly with a chosen provider.

Check Your Lease for Internet Clauses

Look in your lease for sections on utilities or services. Internet may be listed along with items like electricity, water, or trash. Anything promised in writing is enforceable. If internet is not mentioned in your lease, assume you are responsible unless your landlord says otherwise.

Common Internet Issues for New Mexico Renters

Some common concerns New Mexico renters have about internet service in apartments include:

• Unexpected disconnection or outages
• Bills included in rent versus separate billing
• Responsibility for repairs or equipment
• Difficulty bringing service into older or remote buildings

If your landlord provides internet, they must ensure the service works as promised. If you pay the provider directly, you control your service and must troubleshoot or request repairs on your own.

Who Pays for Installation?

Unless your lease says the landlord will cover installation, the tenant normally pays for setting up new internet service. If you need to run wires or make changes to the property, always get your landlord’s written permission first.

Maintenance and Repairs

If the landlord provides internet as part of the lease, any service interruptions, broken equipment, or necessary repairs must be addressed by the landlord in a reasonable time. If you provide your own internet, contact your provider.

What the Law Says: New Mexico Tenant Rights and Utilities

While internet is not considered an “essential service” under New Mexico's Uniform Owner-Resident Relations Act[1], anything spelled out in a written lease is legally binding.

• Landlords must maintain any included utilities or services as outlined in the rental agreement.
• Landlords cannot unilaterally change what is included during the lease term without tenant consent.
• If you experience a service issue and your lease covers internet, inform your landlord in writing right away.

Relevant Forms for New Mexico Renters

• Notice of Failure to Provide Services (No official form number): If a landlord is not maintaining internet service as promised, send written notice by certified mail describing the problem and requesting a fix.
  Example: You pay rent including internet, but service stops working and your landlord does not respond. You should send a formal letter.
• New Mexico Self-Help Forms: The state court provides general forms to use if you need to file a claim, such as for failure to provide agreed-upon services.

For tenants pursuing a claim, small claims or magistrate court handles such matters. Forms and instructions can be found at the New Mexico Courts Self-Help Center.

Which Tribunal Handles Rental Disputes in New Mexico?

In New Mexico, there is no separate landlord-tenant tribunal. Most residential rental disputes, including those involving utilities or services, are addressed by local Magistrate Courts. For Bernalillo County (including Albuquerque), use the Bernalillo County Metropolitan Court.

FAQ: Internet Service Rights for New Mexico Renters

1. Is internet service required in New Mexico rental apartments?
   No, internet is not considered an essential utility under New Mexico law. It is only required if specified in your lease agreement.
2. If internet is included in my lease but not working, what should I do?
   Send your landlord a written notice describing the problem and request that they restore service promptly. Keep copies of all communication.
3. Can my landlord change responsibility for internet mid-lease?
   No, your landlord cannot remove or add internet service responsibilities during your lease without your consent.
4. Can I deduct internet costs from rent if the landlord fails to provide it?
   Only if your lease specifically includes internet and after you have given proper written notice. Always seek legal advice before withholding rent.
5. Who do I contact if my landlord will not address internet problems?
   If the issue remains unresolved, you may file a claim in your local Magistrate or Metropolitan Court. See the New Mexico Courts Self-Help Center for guidance.

Conclusion: Key Takeaways for New Mexico Renters

• Internet service is not automatically required in New Mexico apartments—check your lease.
• Write to your landlord quickly if internet included in your rent is not functioning.
• You can take unresolved disputes to your local Magistrate or Metropolitan Court.

Understanding your lease and keeping written records helps protect your rights if internet issues arise.

Need Help? Resources for Renters

• New Mexico Courts Self-Help Center – forms, tips, and instructions for renters
• New Mexico Regulation & Licensing Department – Tenant Resources
• New Mexico Mortgage Finance Authority – tenant education and assistance

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1. New Mexico Uniform Owner-Resident Relations Act (N.M. Stat. Ann. § 47-8-1 et seq.)

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