Smart Lock Privacy Rights for Renters in New Mexico

Smart locks are becoming more common in New Mexico rental properties, raising important questions for tenants about privacy, security, and landlord access. If you rent in New Mexico, it's essential to know your rights surrounding smart lock installations, key management, and how your landlord can enter your home under state law.

Smart Locks in New Mexico Rental Homes

Smart locks are electronic door locks that can often be controlled by phone apps or keycodes, allowing both tenants and landlords digital access to the rental unit. While these devices offer convenience, they also create unique privacy considerations for tenants, such as:

• Who has access to digital keys or codes
• Whether access is tracked or auditable
• If landlords can remotely enter the property
• How privacy is protected when smart locks are installed

Your Right to Privacy and Landlord Entry Rules

Under New Mexico’s Uniform Owner-Resident Relations Act (NM UO-RRA), tenants have a right to privacy within their homes. Landlords cannot enter your rental except in specific situations, with rules such as:

• Landlords must give at least 24 hours’ written notice before entering, except in emergencies^[1]
• Entry must be at reasonable times
• Tenants can request a change in the lock access code or combination when moving in
• Tenants should be informed about all parties with access to digital keys or codes

If your landlord installs a smart lock, you should receive unique access and be told how/when entry will occur. Tenants should never be locked out due to smart lock malfunctions or tech issues.

Landlord Smart Lock Access: When Is It Allowed?

Smart locks may allow landlords remote entry. However, your landlord still must comply with state laws on notice and permitted entry:

• Give the required 24 hours’ notice in non-emergency cases
• Only enter for lawful reasons (repairs, inspections, showings, emergencies)
• Not use digital access to harass, intimidate, or invade privacy

If you believe your smart lock is being misused (e.g., landlord enters without notice or tracks your movements), document all incidents and consider filing a complaint.

How to Address Smart Lock Disputes

If you have concerns about your smart lock or landlord’s access:

• Discuss your concerns in writing with your landlord or property manager
• Request written clarification on who has access, how data is handled, and your unique entry code
• If the issue is unresolved, consider seeking help from the New Mexico courts or local tenant advocacy resources

Relevant Forms: Notice and Complaint Options

• New Mexico 24-Hour Notice of Entry
  Use: Landlords must provide this form at least 24 hours before entering the unit, except in emergencies. Renters can request a copy or ask for written notice.
  View New Mexico Notice of Entry Form (official PDF)
• Tenant Complaint/Grievance Form
  Use: Submit to your local magistrate or metropolitan court to report illegal entry or disputes about privacy. For example, use if your landlord remotely entered via a smart lock without notice.
  Downloadable forms are typically available from the New Mexico Courts Forms page. Check under the "Landlord-Tenant" section for complaint forms specific to your county.

Official Tribunal for Rental Disputes

Rental disputes, including privacy and entry issues, are generally handled by the New Mexico Magistrate Courts or Metropolitan Courts in urban areas.

FAQ: Smart Locks and Privacy for New Mexico Renters

1. Can my landlord install a smart lock without my permission?
   In most cases, landlords can upgrade locks, but must ensure you have full access to your unit and provide written notice of changes. Installation should not interfere with your right to privacy under state law.
2. Does my landlord have to give me access to the smart lock app or keys?
   Yes. Renters must always have access to their home and be supplied all required digital codes, key fobs, or app access upon move-in. You should not be locked out due to a technology issue.
3. How much notice is required before my landlord can enter with a smart lock?
   Landlords must give at least 24 hours’ notice before entering for non-emergencies, regardless of whether the entry is through a smart lock or traditional key.
4. What can I do if my landlord enters without proper notice?
   Document the incident, communicate your concerns in writing, and if unresolved, file a complaint with your local magistrate or metropolitan court using the official forms.
5. Can my landlord track when I enter and leave with a smart lock?
   Landlords should not use smart lock data to invade your privacy. If you have concerns about tracking, discuss them with your landlord and seek legal guidance if necessary.

Key Takeaways

• New Mexico law protects tenant privacy and limits landlord entry—even with smart locks
• 24-hour written notice is required before entry, except for emergencies
• Always request and keep records regarding who can access your smart lock

Understanding your rights can help you feel more secure in your rental, no matter what type of locks are on your doors.

Need Help? Resources for Renters

• New Mexico Real Estate Commission – Renter Consumer Resources
• New Mexico Courts – Landlord/Tenant Resources & Forms
• New Mexico Legal Aid – Tenant Legal Assistance
• Read the New Mexico Uniform Owner-Resident Relations Act

---

1. See: NM Stat § 47-8-24 Landlord Entry Law (UO-RRA)
2. Tenant Protections – Tenant's Right to Possession (NM Stat § 47-8-20)
3. Grounds for Termination/Noncompliance (NM Stat § 47-8-15)

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations