Pest Control Rights for Renters in New Mexico

Pest infestations can be distressing for renters and impact both comfort and health. In New Mexico, both landlords and tenants have legal responsibilities under state law to maintain safe and habitable living conditions. If you’re facing unwanted pests in your rental, understanding your rights and the steps to resolve the situation can help you achieve a safe and comfortable home.

What Are Your Rights When Dealing With Pest Infestations?

Under the New Mexico Uniform Owner-Resident Relations Act, landlords are required to keep rental units in a habitable condition. This includes ensuring the property is free from pests and vermin when you move in and throughout your tenancy.^[1]

• Landlords must comply with applicable housing and health codes.
• Rental properties must be safe, clean, and fit for occupancy.
• Pest infestations like cockroaches, bed bugs, or rodents typically fall under the landlord’s repair duties—unless you, the renter, have caused the infestation through negligence.

Identifying a Pest Infestation

Common signs of infestation include droppings, nesting material, physical sightings of pests, or unusual odors. New Mexico Environmental Department guidance classifies these issues as health risks and expects immediate attention.

Steps to Take If You Have a Pest Problem

• Document the problem: Take clear photos or videos of pests, their droppings, or damage.
• Notify your landlord promptly in writing: Describe the problem, location, and how it’s affecting your living conditions.
• Keep records of all communications.

Submitting a Formal Written Notice

You can use the New Mexico Official Notice to Landlord of Repairs Needed form to request pest control or repairs. When submitting, keep a copy for your records and consider using certified mail to ensure delivery.

• Form: Notice to Landlord of Repairs Needed (no form number)
• When to use: If the landlord does not act on a verbal or informal request.
• How to use: Fill in the form with details, send it to your landlord, and keep proof of delivery.

Landlord’s Responsibilities and Your Rights

• After receiving written notice, landlords generally have 7 days to repair hazardous issues (including infestations).
• If not resolved, you may have the right to terminate the lease or seek court action for compliance, according to the Uniform Owner-Resident Relations Act.

You can file a complaint with your local housing authority, or if the problem persists, apply to the New Mexico Courts - Landlord/Tenant Division, which handles residential tenancy disputes statewide.

Relevant Tenancy Legislation

The key New Mexico tenancy legislation protecting your right to a habitable home is the Uniform Owner-Resident Relations Act. This law specifies the rights and responsibilities of both tenants and landlords regarding repairs, including pest control.^[1]

Common Types of Pest Issues Covered

• Roaches, ants, or bed bugs
• Rats, mice, or other rodents
• Fleas, ticks, or other vermin

If the pests were not present when you moved in, or if the cause is outside your control, the landlord is generally responsible for treatment and prevention.

How to Escalate a Pest Complaint

• If written notice does not resolve the problem, file with your municipal housing department or county code enforcement.
• Apply to the New Mexico Landlord/Tenant Division for further dispute resolution.

1. Who pays for pest control in New Mexico rentals?
   Generally, the landlord must pay for pest control if the problem was not caused by the tenant's actions. Review your lease agreement and the Uniform Owner-Resident Relations Act for details.
2. How long does my landlord have to fix a pest problem?
   Landlords usually have seven days to address hazardous conditions, including infestations, after written notice is given.
3. What official form do I use to notify my landlord about pests?
   Use the "Notice to Landlord of Repairs Needed." This written notice can be found through New Mexico housing agencies and helps protect your legal rights.
4. Can I withhold rent if my apartment has pests?
   Never withhold rent without legal advice. First, follow formal notice and resolution steps. The Uniform Owner-Resident Relations Act may permit certain remedies, but always consult the statute or seek assistance before acting.
5. Where can I get more help with a pest dispute in New Mexico?
   You can contact the New Mexico Landlord/Tenant Division, your local legal aid office, or statewide renter hotlines for free advice and support.

Key Takeaways for New Mexico Renters

• Landlords must provide pest-free, habitable housing and respond within seven days to written pest complaints.
• Tenants should document problems, use written notices, and keep communication records.
• If issues aren't resolved, official forms and state agencies offer next steps for support and legal remedies.

Knowing your rights and the proper steps can help ensure safe, healthy living conditions free from pests.

Need Help? Resources for Renters

• New Mexico Courts - Landlord/Tenant Division: File complaints or seek information about tenancy disputes statewide.
• New Mexico Mortgage Finance Authority (Housing Resource): General renter assistance and housing programs.
• New Mexico Legal Aid: Free legal support for renters, including dealing with repairs and pest issues.
• New Mexico Environment Department: Guidelines on pest health hazards and reporting persistent issues.

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1. New Mexico Uniform Owner-Resident Relations Act, Official Statute Text
2. New Mexico Courts - Landlord/Tenant Division, Official Tribunal Information
3. New Mexico Environment Department, Health & Safety Codes

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