Mold in Rentals: New Mexico Tenant Rights & Remedies

Mold issues in a rental can damage property and harm your health. In New Mexico, renters have clear legal rights and protections when it comes to living in healthy, safe housing. If you suspect a mold problem, understanding your responsibilities, and your landlord’s obligations, is the first step toward resolution.

Understanding Mold and Rental Habitability

Mold grows in damp, poorly ventilated areas. While small amounts are common, excessive mold signals a maintenance problem. Under New Mexico law, your landlord must keep the rental “habitable”—this means it must be safe, healthy, and fit to live in. Mold caused by structural issues or plumbing leaks may violate these rules, but it’s also important for tenants to keep their unit clean and promptly report issues.

Landlord Responsibilities for Mold in New Mexico

The New Mexico Uniform Owner-Resident Relations Act requires landlords to:

• Keep the rental structurally safe and weatherproof
• Fix leaks or issues causing water damage or mold
• Take action after receiving written notice from the tenant about mold or other hazards

If your landlord fails to respond, further steps may be needed.

Tenant Responsibilities

As a tenant, you must:

• Use the property responsibly (for example, avoid letting water pool or accumulate)
• Promptly notify your landlord in writing about potential mold or maintenance problems

Steps to Take If You Discover Mold

Acting promptly helps protect your health and legal rights. Here’s how:

• Document the Problem: Take clear photos of the affected area and note any leaks, musty odors, or visible mold.
• Notify Your Landlord in Writing: Quickly deliver a detailed written notice describing the mold and requesting repairs. Keep a copy for your records. A sample notice form is available below.
• Allow Access: Cooperate with reasonable attempts by the landlord to inspect or repair the unit.
• Follow Up: If repairs are not made within 7 days, you may have further rights, including ending your lease or arranging minor repairs within the law.

If the mold is severe or impacts health, you may also wish to contact your local code enforcement office or New Mexico Environmental Department for an inspection.

Important Official Forms

• 7-Day Written Notice to Repair: Often used by tenants to detail required repairs, including mold. In New Mexico, written notice is required under Section 47-8-27.1 of state law.
  When and how to use: Send this notice as soon as you observe mold or associated issues. Specify what needs fixing, your address, date, and request repairs in 7 days.
  Download New Mexico Notice to Repair Form (PDF).
• Notice of Termination of Rental Agreement: If repairs are not made, you may provide a written notice to terminate your lease (see Section 47-8-35).
  When and how to use: If serious mold isn’t fixed after written notice, fill out and deliver this form to legally end your tenancy.
  Download Notice of Termination Form (PDF).

If Your Landlord Does Not Respond

If repairs don’t happen after giving proper notice, tenants have several legal options under the New Mexico Uniform Owner-Resident Relations Act, such as:

• Requesting an inspection by local authorities
• Filing a complaint with the New Mexico Real Estate Commission (the official tribunal for landlord-tenant issues)
• Taking legal action in Magistrate, Metropolitan, or District Court

New Mexico Rental Law and Habitability Standards

The New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8) sets the legal standards for rentals, including habitability. Under this law, you have the right to a rental that is safe, healthy, and fit for occupancy—including protection from harmful mold.

FAQ: Mold Issues in New Mexico Rentals

1. Can my landlord refuse to repair mold?
   Landlords in New Mexico must address mold that affects habitability and is not caused by tenant neglect. If they fail to respond after written notice, tenants have legal options.
2. Can I withhold rent if mold isn’t fixed?
   No, New Mexico law does not allow renters to withhold rent without following formal procedures. Instead, send written notice and use official forms as outlined above.
3. What if mold makes my rental unsafe to live in?
   If the unit is seriously unsafe due to mold and the issue isn’t resolved, tenants may terminate the lease after proper notice or seek legal remedies.
4. How do I prove my landlord knew about the problem?
   Send all notices in writing (email, certified mail, or hand-delivered with a witness) and keep proof of delivery and copies for your records.
5. Does New Mexico have a government inspection service for rental mold?
   Some local code enforcement divisions or health departments can inspect if there are major habitability issues, especially when health is at risk.

Key Takeaways

• New Mexico renters are protected by law from unsafe mold conditions
• Always send written notice using official forms and document every step
• If repairs aren’t made, you may be able to terminate your lease or get help from local authorities or tribunals

Need Help? Resources for Renters

• New Mexico Real Estate Commission – Handles landlord-tenant complaints and provides information
• New Mexico Legal Aid – Free or low-cost legal advice for renters (call 1-833-545-4357)
• New Mexico Environment Department – Information on mold and air quality concerns
• View Full New Mexico Rental Laws (NMSA Chapter 47, Article 8)

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1. New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)
2. New Mexico Real Estate Commission – Landlord-Tenant Resources
3. New Mexico Environment Department – Mold and Indoor Issues

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