Is it legal to rent a basement apartment in New Mexico?

Yes, as long as the basement unit meets all local building code and habitability standards required by the state.

What if my basement apartment doesn't meet safety standards?

Document concerns, notify your landlord in writing, and contact your local code enforcement if issues aren't resolved.

Do I have to pay rent if my unit is unsafe or illegal?

You may be able to terminate your lease or withhold rent if the unit is uninhabitable and repairs are not made, after proper notice.

Can a landlord evict basement tenants without notice in New Mexico?

No, landlords must provide proper written notice and follow court procedures before evicting any renter.

Where can I find official forms for landlord-tenant issues in New Mexico?

Official forms are available at the NM Courts' Landlord/Tenant Self-Help Center website.

New Mexico Basement Apartment Rental Laws: What Renters Need to Know

Special Housing Types & Situations New Mexico published June 21, 2025

Renting a basement apartment in New Mexico comes with unique legal and practical considerations. Whether you're looking to save on rent, seeking privacy, or considering your rental options, it's essential to know your rights and responsibilities under New Mexico law. This guide explains important state laws about basement rentals, outlines what makes a unit legal and habitable, and offers practical tips on how to protect yourself as a tenant.

Legal Status of Basement Apartments in New Mexico

Before signing a lease, renters should confirm whether the basement apartment meets state and local standards. Not all basement units are legally considered rental housing. Basement apartments must comply with:

Local building codes, which address safety, emergency exits ("egress"), ceiling height, heating, and ventilation
New Mexico's Uniform Owner-Resident Relations Act (UORRA), which covers rentals statewide
Any local zoning or occupancy ordinances in cities like Albuquerque or Santa Fe

Renting an illegal or non-compliant basement unit may affect your rights, especially in disputes over conditions or eviction. If you have concerns, you can check with your city or county building department, or ask your landlord for the unit's certificate of occupancy.

Habitability Standards for Basement Apartments

All residential rentals in New Mexico—including basement apartments—must be "habitable." This means your unit should be safe, sanitary, and equipped with basic utilities.

Working smoke detectors and at least one safe escape route
Proper heating, plumbing, and electrical wiring
No hazardous conditions (like mold, flooding, or exposed wires)
Running hot and cold water and reasonable water pressure

If your landlord fails to maintain these essential conditions, you have the right to request repairs. Most issues must be addressed within 7 days after you notify the landlord in writing, per the New Mexico Uniform Owner-Resident Relations Act¹.

Your Rights Regarding Lease Agreements and Notices

Your lease (written or verbal) should state key terms such as rent amount, payment procedures, and duration. Under New Mexico law, landlords must provide at least 30 days’ written notice to end a month-to-month tenancy or to increase rent. Shorter notice may apply for certain violations.

Common Official Forms Renters May Encounter:

Notice of Termination of Tenancy
Used if a landlord or renter wishes to end the lease. For nonpayment, landlords must give at least 3 days’ written notice.
See New Mexico Courts' Landlord/Tenant forms for templates and instructions.
Petition by Owner for Restitution (CV-10501)
Filed by the landlord in Magistrate Court to seek eviction for nonpayment or violations. As a renter, you will be served this form if your landlord starts court eviction.
Learn more and access the official form here under Magistrate Civil Forms.
Answer to Petition by Resident (CV-10502)
If you are served with an eviction (restitution) notice, you may file this form to respond before your hearing.
Find the form here (CV-10502).

How to Report Unsafe Basement Rentals

If your basement apartment is unsafe, lacks proper egress, or is not up to code, start by notifying your landlord in writing of the specific problems. If the landlord fails to fix the issues within a week (unless repairs are urgent), you may file a complaint with your city or county code enforcement office. In severe cases, you may withhold rent or terminate the lease after following the proper process under New Mexico law.

A landlord cannot lawfully retaliate against you for requesting repairs or reporting housing code violations. Keep copies of all communication and reports.

Eviction Rules for Basement Apartment Tenants

Tenants in basement apartments have the same eviction protections as other renters in New Mexico. Landlords must follow the rules under the Uniform Owner-Resident Relations Act. This includes giving proper notice and filing suits through the correct court. The New Mexico Magistrate and Metropolitan Courts handle residential tenancy matters statewide.

Relevant Legislation and Where to Learn More

FAQs: Renting Basement Apartments in New Mexico

Is it legal to rent a basement apartment in New Mexico?
Basement rentals are legal if they meet all local building code requirements and state habitability standards. Always confirm the unit is properly permitted before signing a lease.
My basement unit doesn't have proper exits or windows. What can I do?
Document the issue, request repairs in writing, and contact your local building or code enforcement office if your landlord won't address it. Unsafe units may be deemed uninhabitable.
Do I have to pay rent if my basement apartment is unsafe or illegal?
In severe cases where the unit is uninhabitable and your landlord doesn't fix serious hazards, New Mexico law may allow you to terminate your lease or withhold rent after following the required notice process.
Can I be evicted from a basement apartment without notice?
No. All renters, including those in basement units, are entitled to proper written notice and a court process before any eviction can occur.
Where can I find official forms and renter resources in New Mexico?
Visit the NM Courts' Landlord/Tenant Self-Help Center for official forms and instructions.

Key Takeaways for New Mexico Basement Renters

Basement apartments must be up to local code and state habitability standards.
Landlords must give written notice for any eviction or lease change.
You have a right to safe, secure, and legal housing under state law.

Need Help? Resources for Renters

New Mexico Courts Landlord/Tenant Self-Help Center – Official forms and tenant protections
Uniform Owner-Resident Relations Act (UORRA) – Full legislation text
New Mexico Attorney General's Consumer Protection Division – File complaints and get legal information
Law Help New Mexico – Free or low-cost legal aid for renters