New Mexico Rental Health Code Requirements for Tenants

Living in a safe and healthy home is every renter’s right in New Mexico. The state has minimum housing health code requirements designed to ensure rental homes are habitable—meaning clean, sanitary, and safe. Understanding these standards can help you recognize if your landlord is meeting their obligations, and what to do if problems arise.

What Are the Minimum Health and Safety Standards for New Mexico Rentals?

New Mexico’s housing laws, guided by the New Mexico Uniform Owner-Resident Relations Act, require landlords to provide rental units that meet certain health and safety codes. These regulations also align with local city or county codes, which may be stricter than state law.

• Weatherproofing: Roofs, windows, and exterior walls must prevent water leaks and drafts.
• Plumbing and Hot Water: Plumbing fixtures must be working and supply reasonable hot and cold water.
• Heating: Functional heat is mandatory during colder months.
• Electrical Safety: Wiring, outlets, and lighting must be safe and up to code.
• Pest Control: Units must be free from infestation when you move in.
• Working Toilets and Kitchen Facilities: Cooking and sanitation facilities must be in good repair.
• Cleanliness: The property must not pose health hazards such as mold or dangerous garbage buildup.

While these are the most common requirements, always check your city or county’s housing department for any additional rules.

Who Enforces Rental Housing Codes?

Enforcement can come from local code enforcement offices or the courts. New Mexico does not have a centralized housing board, but rental disputes and housing code violations often go before the New Mexico Magistrate Court, which oversees landlord-tenant matters.

Your Rights If a Rental Doesn't Meet Health Codes

As a tenant, you are protected from unsafe or unsanitary living conditions. If your rental isn’t to code, your landlord must fix issues in a reasonable time after being notified, as outlined in the Uniform Owner-Resident Relations Act.^[1]

• Notify Your Landlord in Writing: Clearly describe the problem and request repairs.
• Document Communication: Keep copies of all letters, emails, and photos.
• Allow a Reasonable Time: Landlords typically have 7 days (for major issues) after notice to make repairs.

Official Forms for Tenants: What to Use and When

If your landlord doesn’t make needed repairs, these official steps and forms are helpful:

• Notice of Deficient Conditions Form (No Form Number):
  Download from the New Mexico Courts website.
  When to use: If you need to formally notify your landlord about a serious repair issue. For example, send this form if your heater isn’t working and your requests by phone have not been answered.
  How to use: Complete and deliver the form to your landlord, keeping a copy for your records.
• Petition by Resident for Breach of Habitability (Form 4-904):
  Access Form 4-904 from the NM Courts.
  When to use: If the landlord fails to make repairs after notice, use this form to file a case in Magistrate Court. For example, if mold is not fixed after you’ve provided written notice, you can ask the court to order repairs or reduce rent.
  How to use: File with the local Magistrate Court. Attach your written notice, photos, and evidence.

For court forms and guidance, visit the NM Courts Landlord-Tenant Self-Help Center.

What If Repairs Still Aren’t Made?

If hazards remain after following the above steps, a tenant can ask the court for an order to repair, reduced rent, or termination of the lease depending on the issue’s severity. Always keep your documentation and use official forms for your requests.

FAQ: New Mexico Rental Housing Health Codes

1. What is considered an uninhabitable rental in New Mexico?
   Any rental lacking basic utilities, working plumbing, weatherproofing, or free from health hazards like mold or severe infestation may be uninhabitable under the Uniform Owner-Resident Relations Act.
2. How soon must landlords fix health code violations?
   For most essential repairs, landlords have seven days after written notice to address issues, but emergencies (like loss of heat or water) should be fixed much faster.
3. Can I withhold rent if repairs are not made?
   Do not withhold rent unless the court allows you to. Instead, use the official Notice of Deficient Conditions form and, if needed, file with Magistrate Court.
4. Who investigates rental housing complaints in New Mexico?
   In most cases, local city or county code enforcement investigates complaints. For unresolved disputes, renters can apply to the New Mexico Magistrate Court.
5. Is my landlord allowed to retaliate for repair requests?
   No. New Mexico law protects renters from retaliation, such as eviction or rent increases, for good-faith repair requests.

Key Takeaways

• New Mexico landlords must provide safe, livable housing and respond quickly to written repair requests.
• Use official forms and keep detailed records if you need to address health code issues.
• If problems are unresolved, Magistrate Court can order repairs or other remedies.

Need Help? Resources for Renters

• New Mexico Magistrate Court Landlord-Tenant Self-Help Center – Court forms, information, and local court contacts
• New Mexico Center on Law and Poverty – Tenant Rights – Renter support and legal information
• 505Outside Tenant Information – City of Albuquerque rental resources
• For city/county code enforcement, check your local government website’s housing or code enforcement department for complaint filing options

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1. [1] New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)
2. [2] New Mexico Magistrate Court Landlord-Tenant Self-Help Center
3. [3] NM Courts Official Forms Portal

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