Landlord Repair Timeframes: New Mexico Renters’ Guide

If you rent a home or apartment in New Mexico, you have the right to safe and decent living conditions. State law requires landlords to make certain repairs within specific timeframes. Understanding these requirements can help you feel empowered and proactive if maintenance problems arise in your rental housing.

How Quickly Must a Landlord Fix Problems in New Mexico?

Under the New Mexico Uniform Owner-Resident Relations Act, landlords are responsible for keeping rental units "habitable." This means your home must meet health and safety standards, including working heat, water, electricity, and protection from the elements.

The specific repair rules depend on the severity of the problem:

• Urgent, essential repairs (like lack of heat, water, or electricity): Landlords must fix these within 7 days after written notice from the renter.
• Non-urgent repairs: Landlords also have 7 days to address these after written notice, unless they agree to a different timeline in writing with the renter.

If the issue is so serious that it threatens health or safety, renters may have additional remedies available under law.

How to Notify Your Landlord About Repairs

Before a landlord is legally required to fix an issue, you must usually provide written notice. New Mexico does not have a required statewide notice form, but your notice should clearly state:

• Your name and address
• The specific problem that needs fixing
• The date you reported the issue

Official Forms Used in New Mexico

• "Notice of Breach of Rental Agreement"
  There is no standardized statewide form, but many legal aid organizations and courts provide sample forms to help renters notify landlords of repairs. For an example, review the “Landlord-Tenant Forms” provided by the New Mexico courts. Use a notice like this whenever you need to request repairs to your rental unit.

What if the Landlord Doesn't Make Repairs?

If your landlord does not respond within 7 days after your written notice (or sooner, if agreed), you may have several options:

• End your lease early by giving 7 days' written notice if the issue affects health and safety.
• Arrange for the repair yourself and deduct the cost from your next rent payment (this action must follow strict rules in Section 47-8-27.2 of the New Mexico Uniform Owner-Resident Relations Act).
• File a complaint or seek a court order requiring the landlord to make repairs through the New Mexico Magistrate Court, which is the tribunal handling landlord-tenant disputes in the state.

It’s important to follow proper steps to protect your rights and avoid possible eviction for unpaid rent or other legal issues.

Action Steps: If Repairs Are Not Made

• Send written notice to your landlord clearly describing the repair needed.
• Wait 7 days for your landlord to respond or make repairs.
• If there is no response, consider one of these actions:
  • Send a "Notice of Termination" (7 days' notice) if you wish to move out due to uninhabitable conditions.
  • File a case in the New Mexico Magistrate Court or District Court to require repairs or seek damages.

FAQ: Common Questions About Landlord Repair Deadlines in New Mexico

1. How long does my landlord have to fix a broken heater in New Mexico?
   Your landlord usually has 7 days after you provide written notice to repair an essential service like heating.
2. Can I withhold rent if repairs aren’t made?
   No, you generally should not withhold rent without following the law’s process. Doing so can lead to eviction. Always seek legal advice or file with the court first.
3. What if I need to leave because my apartment isn’t safe?
   If the conditions are unsafe and your landlord doesn’t fix them within 7 days, you may end your lease early by giving written notice under state law.
4. Is there an official place to file maintenance complaints in New Mexico?
   Landlord-tenant disputes, including repair issues, are handled by the New Mexico Magistrate Court.

Key Takeaways for New Mexico Renters

• Landlords have 7 days to make most repairs after written notice.
• Serious repair issues may allow you to end your lease or deduct repair costs, but follow legal procedures carefully.
• Use official court resources and seek legal help if your landlord does not respond.

Need Help? Resources for Renters

• New Mexico Landlord-Tenant Forms – Official notices, complaint forms, and court documents
• New Mexico Magistrate Court Landlord-Tenant Information
• New Mexico Legal Aid – Free legal help for qualifying renters
• New Mexico Uniform Owner-Resident Relations Act (statute text)

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1. New Mexico Uniform Owner-Resident Relations Act: statute text
2. New Mexico Magistrate Court: landlord-tenant page
3. Landlord-Tenant Forms (New Mexico Courts): official forms

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