Smoking Rules and Disclosure Laws for New Mexico Renters

Smoking policies are an important part of renting in New Mexico, affecting both your comfort and legal rights as a tenant. Understanding what landlords can require, what's permitted, and how disclosures work is crucial—especially if you or someone in your household smokes, or if you wish to avoid exposure to secondhand smoke.

What Are Smoking Policies in New Mexico Rentals?

Unlike some states with statewide restrictions, New Mexico does not have a single law that bans or regulates smoking in all rental housing. Instead, smoking rules depend largely on the rental agreement and any rules set by the landlord, provided these do not violate other tenant protection laws.

• Landlords can set a no-smoking policy for their property or individual units.
• Policies may cover cigarettes, cigars, e-cigarettes, and sometimes cannabis (which generally remains prohibited under federal law).
• Rules should be spelled out in the written lease agreement—verbal agreements may be difficult to enforce.
• Local city and county ordinances may also restrict smoking in multi-unit dwellings or near windows, doors, or shared spaces.

Always read your rental agreement or ask your landlord for written clarification about any rules or restrictions regarding smoking.

Landlord Disclosure Requirements About Smoking

New Mexico does not currently require landlords to disclose the smoking policy up-front, but best practice (and some local regulations) encourage making this clear during lease signing. Providing this information ensures both you and your landlord know what is (and is not) allowed, reducing disputes later.

• If you are sensitive to smoke or have concerns about secondhand smoke, ask the landlord directly about the building’s smoking policy before signing.
• Disclosure of previous smoking is not required, but some landlords volunteer to specify whether a unit has been smoked in previously.
• The agreement should specify the type of smoking (if any) that is restricted and the areas covered (inside units, balconies, shared areas, etc.).

Your Rights as a Renter

The New Mexico Uniform Owner-Resident Relations Act governs rental agreements, including rules landlords must follow for making and enforcing policies.^[1] Under this law:

• Landlords can add or change a smoking policy only if it does not unfairly discriminate against a protected group.
• Changes to smoking rules during an active lease generally require advance notice—usually at least 30 days.
• If no policy exists, smoking may be permitted, but local ordinances or future lease renewals can change this.
• Landlords may keep all or part of your security deposit for smoke-related damage if smoking is not allowed.^[1]

Filing a Complaint or Addressing Issues

If your neighbor’s smoke causes problems and it violates your rental agreement or local health rules, you may be able to take these steps:

• Document each incident (time, location, and effects).
• Inform your landlord or property manager in writing, describing the problem and referencing any lease terms or health violation.
• If the landlord does not act, you may file a complaint with your city or county health department if a local ordinance is violated.
• If damages occur (such as health impacts or unsafe conditions), consider seeking mediation or legal advice through New Mexico Courts Self-Help.

Relevant Official Forms in New Mexico

• New Mexico Uniform Owner-Resident Relations Act Form – There is no standardized state form, but your landlord should provide any lease amendment or disclosure in writing. Ask for updated copies if changes are made to smoking policies.
• Self-Help Tenant Complaint Form (available via the New Mexico Courts Self-Help Center): Use this to submit evidence or report an ongoing dispute about lease violations or unsafe conditions involving smoking. Example: A tenant experiencing repeated smoking in a non-smoking unit documents the issue and submits this form to initiate court-based mediation or hearings.

Who Handles Rental Disputes?

The New Mexico Magistrate Courts and local Metropolitan Courts resolve residential tenancy concerns—including lease enforcement and landlord-tenant disputes—in accordance with the New Mexico Uniform Owner-Resident Relations Act. The courts’ self-help division supports renters in understanding and using the appropriate forms.

Frequently Asked Questions: Smoking in New Mexico Rental Units

1. Can my landlord ban all smoking, including e-cigarettes and marijuana, inside my apartment?
   Yes, landlords may prohibit all types of smoking—including e-cigarettes and marijuana use—if it’s stated in your rental agreement. Marijuana use is also affected by federal law, which prohibits it in federally subsidized housing.
2. Is my landlord required to warn me if the previous tenant smoked in my rental before I move in?
   No, New Mexico law does not require landlords to disclose past smoking in a unit. However, you can ask about this before signing your lease.
3. What can I do if my neighbor smokes and it comes into my apartment?
   If smoke incursions breach the lease or local law, report this to your landlord in writing. If the issue remains unresolved, you may seek help from local authorities or file a complaint with the court.
4. Can smoking be used as a reason for eviction?
   If your lease clearly prohibits smoking and you violate the policy, your landlord may begin the standard eviction process, provided they follow proper legal procedures and notice requirements.
5. Do I have to sign an updated lease if the landlord changes the smoking policy?
   Policy changes during an active lease generally require advance notice—usually 30 days—and should be provided in writing. You usually won’t be required to sign a new lease until the existing term ends.

Summary: Key Takeaways for New Mexico Renters

• Smoking policies in New Mexico rentals depend on individual leases and local rules—not statewide mandates.
• Ask for written clarification of smoking policies before signing your lease and save all related documents.
• If disputes occur, start by notifying your landlord in writing and keep records. If unresolved, court-based solutions are available.

Understanding and following these steps helps protect your health, your finances, and your tenancy rights.

Need Help? Resources for Renters

• New Mexico Courts Self-Help Center – Official forms, guides, and information for residential rental disputes.
• New Mexico Uniform Owner-Resident Relations Act (PDF) – Full legislation for tenants and landlords.
• New Mexico Magistrate and Metropolitan Courts – Where rental disputes and complaints are heard.
• New Mexico Department of Health – Local tobacco and smoke-free initiatives and public health information.

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1. New Mexico Uniform Owner-Resident Relations Act, 2022.
2. New Mexico Courts Self-Help Center. "Tenants and Landlords Information."

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