Tenant Rights During Building Repairs in New Mexico

If you're renting in New Mexico and your landlord needs to repair your building, it's important to know your rights and what protections you have under state law. Building repairs can be disruptive, but tenants are entitled to certain safeguards to ensure they are treated fairly throughout the process.

Understanding Tenant Protections During Repairs

New Mexico's laws require landlords to provide safe, habitable housing. When repairs are needed, landlords must act quickly while respecting tenants’ rights under the New Mexico Uniform Owner-Resident Relations Act^[1].

Your Rights as a Renter

• Advance Notice: Landlords must provide at least 24 hours’ notice before entering to make repairs, except in emergencies.
• Essential Repairs: If the repairs affect health or safety—such as broken plumbing, no heat, or unsafe structures—the landlord is responsible for fixing them promptly.
• Right to Quiet Enjoyment: Even during repairs, landlords must minimize disruption and respect your privacy.
• Temporary Relocation: If repairs make the unit unsafe or uninhabitable, you may have the right to temporarily relocate. Your responsibility to pay rent may be reduced or suspended, depending on the severity.

Landlord's Repair Obligations

According to state law, landlords must:

• Keep all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems in good and safe working order
• Maintain common areas in a safe and clean condition
• Comply with building and health codes affecting tenant health and safety

What to Do If Repairs Are Delayed or Ignored

If your landlord fails to make necessary repairs, you can take several steps under the law:

• Written Request: Send a written notice describing the repair needed and providing a reasonable time for the landlord to fix it (generally 7 days for non-emergencies).
• Withhold Rent: In some cases, you may be able to withhold rent or pay for repairs and deduct the cost, but you must follow strict legal procedures to use these rights.
• Termination: If the landlord does not act, you may terminate your lease under certain conditions.
• File a Complaint: You can submit a complaint to the New Mexico Courts – Landlord/Tenant, which handles residential tenancies and disputes.

Official Forms for Renters

• 7-Day Notice to Repair or Remedy (No Official Number):
  When to use: If your landlord is not addressing repair needs, send a "7-Day Notice to Repair" letter. State the problem, allow 7 days to fix it, and keep a copy.
  How to use: Write and deliver the notice by hand or certified mail. If the issue is not resolved in 7 days, you may have legal relief.
  Download the official 7-Day Notice for Repairs sample
• Petition by Resident (Form CV-11017):
  When to use: If self-help requests do not resolve the issue, file this petition with Magistrate Court for landlord-tenant disputes.
  How to use: Complete and submit the form to your local Magistrate Court. The court will notify your landlord and schedule a hearing.
  Find Renters' Court Forms (New Mexico State Courts)

Practical Steps for Renters Facing Repairs

• Document the problem with photos and descriptions as soon as you notice it
• Send a written notice to your landlord describing the issue and asking for repairs within 7 days for non-urgent repairs
• Follow up if no action is taken, and seek legal help or file a court petition if necessary
• Do not stop paying rent unless permitted by law and after delivering proper notice

These steps can help you resolve repair issues while keeping your rental record clear.

FAQs: Tenant Rights and Repairs in New Mexico

1. How much notice must my landlord give before entering my unit for repairs?
   Landlords must give at least 24 hours’ written notice unless it’s an emergency or you agree to an earlier time.
2. Can I withhold rent if repairs are not made?
   New Mexico law allows limited rent withholding if specific procedures are followed. Always provide written notice and consult the statute before withholding rent.
3. Who do I contact if my unit becomes unlivable due to repairs or delays?
   You may file a petition in Magistrate Court or contact your local housing authority for guidance.
4. Is my landlord responsible for providing alternate accommodation during major repairs?
   Only if repairs make your home uninhabitable; in that case, your rent responsibility may be reduced or suspended until repairs are complete.
5. What official resources help renters with repair disputes?
   The New Mexico Courts – Landlord/Tenant Self-Help Center offers forms, guides, and answers to renter questions.

Conclusion: Key Takeaways

• New Mexico law gives renters strong protections when facing building repairs.
• Always give written notice, document the problem, and use official forms if repairs are delayed.
• Consult the New Mexico Uniform Owner-Resident Relations Act or the courts if you need further support.

Need Help? Resources for Renters

• New Mexico Courts – Landlord/Tenant Self-Help Center – Forms and legal guidance
• New Mexico Mortgage Finance Authority (MFA) – Housing assistance and information
• Read the Uniform Owner-Resident Relations Act (Statute)

---

1. New Mexico Uniform Owner-Resident Relations Act
2. New Mexico Courts – Landlord/Tenant Self-Help

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