New Mexico Landlord Repair Responsibilities Explained

As a renter in New Mexico, understanding your landlord’s responsibilities when it comes to repairs and maintenance is crucial for a safe and healthy home. This guide breaks down New Mexico tenant rights and landlord duties, explains the process for requesting repairs, and points you to official resources for further help.

What Are Landlords Legally Required to Repair in New Mexico?

Under the New Mexico Uniform Owner-Resident Relations Act, landlords must make sure your rental is habitable, which means safe, clean, and fit to live in.¹

• Keeping electrical, plumbing, heating, and hot/cold water systems in good working order
• Complying with all health and safety laws
• Addressing and repairing issues like mold, leaks, pest infestations, and broken appliances included in your lease
• Maintaining common areas (hallways, shared yards, laundry rooms) in a clean and safe condition
• Providing and maintaining smoke detectors where required

What Does "Habitability" Mean?

In New Mexico law, "habitable" means you have a home that is safe from structural dangers, free of pests, has running water and heat, and meets all basic building and health codes.

How to Request Repairs from Your Landlord

When you find a repair is needed, take the following steps to protect your rights:

• Notify your landlord in writing about the issue. Texts and emails work, but a written letter is best.
• Be clear and specific (e.g., “The heater is not working and the temperature is below 50°F”).
• Keep a copy of your request for your records.

Your landlord generally has seven days to fix a problem after receiving written notice, unless the damage was caused by you, a family member, or guests.

What If the Landlord Does Not Repair?

If your landlord does not fix the problem within seven days, you have a few legal options:

• File a written complaint in court
• Make the repairs yourself, then deduct reasonable costs from your rent (with limits)
• Terminate your lease if the issue seriously affects health and safety

Always keep documentation and receipts for any repairs you arrange. Follow legal process to avoid risking your deposit or eviction.

Official Forms and Where to File Complaints

If you need to formally address unresolved repairs or habitability concerns, here are the main forms and agencies involved:

• Owner-Resident Relations Complaint Form (No specific form number)
  When & How to Use: If your landlord refuses necessary repairs and you need legal action, you can file a complaint with your local New Mexico Magistrate Court. Use this form to explain your complaint and request court-ordered repairs or rent relief.
  For example, if you have documented leaks and no heat during the winter, after written notice and no landlord response in 7 days, file this complaint. Find forms for your area via the New Mexico Courts Civil Forms page.
• Notice of Resident’s Intent to Repair and Deduct
  When & How to Use: Before repairing something yourself and deducting costs, send your landlord a written letter stating your intent as required by the law. This is not a standard government form, but you must clearly state your plans, include details, and wait at least seven days before proceeding. Templates can be found through the New Mexico Housing Search or your local city/county website.

All tenant-landlord disputes regarding repairs can be taken to your local Magistrate Court, which is the official tribunal handling residential tenancies in New Mexico.

Key Law: New Mexico Uniform Owner-Resident Relations Act

The primary legislation governing landlord and tenant responsibilities is the New Mexico Uniform Owner-Resident Relations Act.¹ It sets out repair obligations, tenant remedies, notice periods, and dispute options for renters and landlords statewide.

What Tenants Should Not Do

If repairs are not made, do not stop paying rent, attempt major repairs without proper notice, or break your lease without following legal steps. Doing so can risk eviction or loss of your security deposit.

Summary: New Mexico Landlord Repair Laws

Landlords must respond to repair needs in a timely manner. Tenants have rights to a habitable home and clear steps to enforce those rights. Use written notices, official forms, and contact the Magistrate Court if needed.

Frequently Asked Questions (FAQ)

1. How long does a landlord have to make repairs in New Mexico?
   Landlords generally have seven days after written notice to fix most habitability issues.
2. Can I withhold rent if repairs aren’t made?
   Withholding rent is only legal under specific conditions after following required written notice and procedures, as described in the New Mexico Uniform Owner-Resident Relations Act.
3. What repairs am I responsible for as a tenant?
   Tenants must not cause damage outside of normal wear and tear and are responsible for keeping the rental reasonably clean. Damage caused by tenants or their guests must be repaired at the tenant’s expense.
4. Where do I file a repair dispute?
   Repair and maintenance disputes are filed with your local New Mexico Magistrate Court.
5. Is there an official form for requesting repairs?
   There is no single statewide form, but a written notice (letter or email) describing the needed repairs is required. For legal claims, use the Magistrate Court Civil Complaint forms.

Need Help? Resources for Renters

• New Mexico Magistrate Court: Tenant-Landlord Disputes – File complaints, download forms, and get self-help documents.
• New Mexico Uniform Owner-Resident Relations Act (Legislation) – Detailed rights and obligations for renters and landlords.
• New Mexico Housing Search and Resources – Find rental assistance and housing programs.
• Law Help New Mexico – Free legal information and support for tenants.

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1. See: New Mexico Uniform Owner-Resident Relations Act (2023 Version)

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