New Mexico Carbon Monoxide & Smoke Detector Laws for Renters

As a renter in New Mexico, knowing your rights around carbon monoxide and smoke detectors is vital for your health and safety. This article will break down what landlords must provide, your responsibilities, and what steps you can take if detectors are missing or not working.

Carbon Monoxide and Smoke Detectors: Landlord & Tenant Responsibilities

New Mexico law prioritizes renter safety by requiring certain smoke and, in some cases, carbon monoxide detectors in rental properties. Understanding these requirements helps keep you protected and ensures your home meets state health and safety standards.

Landlord Duties

• Landlords must install and maintain working smoke detectors in all residential rentals.
• If a rental property contains a fuel-burning appliance (like a gas heater) or has an attached garage, landlords must also provide carbon monoxide detectors.
• Detectors must be installed in accordance with the manufacturer’s instructions and local building codes.

These requirements apply to single-family homes, apartments, and manufactured homes. For more on state fire codes, refer to the New Mexico Construction Industries Division building codes.

Your Responsibilities as a Renter

• You are responsible for keeping detectors in good condition, including changing batteries (unless your lease states otherwise).
• If a detector isn’t working, notify your landlord in writing as soon as possible.

What the Law Says: Legislation and Enforcement

New Mexico’s Carbon Monoxide Gas Protection Act requires carbon monoxide detectors in certain rentals. Smoke detector requirements are part of New Mexico’s Uniform Housing Code and landlord-tenant laws.

• The key law governing landlord and tenant rights is the New Mexico Uniform Owner-Resident Relations Act.
• Enforcement and complaint processes fall under the New Mexico Construction Industries Division and local housing or fire authorities.
• Disputes about repairs or habitability may also be addressed through state civil courts.

How to Request a Detector Repair or Installation

• Send your landlord a written request describing the missing or faulty detector (email is acceptable if allowed by your lease).
• Use clear language and, if possible, include photos for documentation.
• Keep a copy of your request for your records.

There is currently no standardized statewide repair request form specific to smoke or carbon monoxide detectors in New Mexico. However, using a general written notice—electronic or paper—is acceptable.

Possible Next Steps if Your Landlord Doesn’t Respond

• If your landlord fails to repair or install detectors after notice, you may file a complaint with your local code enforcement office or the Construction Industries Division.
• You may also seek assistance through your local legal aid or, in serious situations, contact the fire marshal.

If you ever feel unsafe due to missing or broken detectors, prioritize your wellbeing. Contact your local fire department for immediate safety concerns.

Forms and Where to File Complaints

While there’s no dedicated statewide form for smoke or carbon monoxide detector issues, you can use a general Construction Industries Division Complaint Form if your landlord isn’t addressing safety hazards.

• Form Name: Construction Industries Division Consumer Complaint Form
• When to use: When your landlord does not address code violations or required detector installations after you’ve provided written notice.
• Where to find: Official CID Forms Page
• Example: If a smoke detector is missing, you’ve notified your landlord in writing, and no action is taken, you can complete and submit the Consumer Complaint Form to the Construction Industries Division for investigation.

Which Tribunal Handles Tenant Disputes?

In New Mexico, residential tenancy disputes, including those about habitability or repairs, are typically decided in local Magistrate or Metropolitan courts. There is not a dedicated tribunal, but the process is overseen by the state’s courts. Find your local court via the New Mexico Courts official directory.

FAQ: Carbon Monoxide & Smoke Detectors in NM Rentals

1. Do all New Mexico rentals need carbon monoxide detectors? Not all. Only rentals with fuel-burning appliances (like gas heaters, stoves, fireplaces) or attached garages require carbon monoxide detectors by law.
2. Who changes the batteries in detectors? Renters are generally responsible for replacing batteries unless their lease states otherwise.
3. What should I do if my smoke or carbon monoxide detector doesn't work? Notify your landlord in writing immediately. If they don't fix it, you can file a complaint with local code enforcement or the Construction Industries Division.
4. Can I install my own detector? Yes, but you should still inform your landlord so requirements are officially met. Your landlord remains responsible under state law.
5. Where can I get more help about rental safety? Reach out to the New Mexico Construction Industries Division, your local tenant advocacy office, or use the official court self-help resources.

Key Takeaways for New Mexico Renters

• Landlords must install working smoke detectors and, where required, carbon monoxide detectors.
• Document requests in writing and know you have legal avenues if repairs are not made.
• Both landlords and tenants share responsibility for safety—good communication is key.

Staying informed about your rights under state law helps maintain a safe, healthy home for you and your household.

Need Help? Resources for Renters

• New Mexico Construction Industries Division: File complaints, get code information, and find safety resources.
• New Mexico Courts Self-Help Center: Information on landlord-tenant disputes and filing small claims.
• Law Help New Mexico: Free or low-cost legal resources and tenant rights information.
• Carbon Monoxide Gas Protection Act full text
• New Mexico Uniform Owner-Resident Relations Act

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1. New Mexico Uniform Owner-Resident Relations Act
2. NM Construction Industries Division Building Codes
3. Carbon Monoxide Gas Protection Act
4. Construction Industries Division Complaint Form
5. New Mexico Courts Directory

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