Tenant Rights Regarding Asbestos in New Mexico Rentals

If you rent a home or apartment in New Mexico, you may wonder what your rights are if asbestos is present in your building. Asbestos, common in many older buildings, poses health risks if disturbed or damaged. It's important to understand what your landlord must do to keep you safe, and what steps you can take as a tenant to protect your health and your legal rights, all under New Mexico law.

Understanding Asbestos in Rental Properties

Asbestos is a naturally occurring mineral once widely used in building materials for its fireproof qualities. However, it can be hazardous when fibers become airborne due to deterioration or renovations. Exposure has been linked to serious health problems, including lung disease and cancer.

• Asbestos is most often found in insulation, flooring, ceiling tiles, and pipe coverings—especially in buildings constructed before 1980.
• Asbestos is only harmful when fibers are released into the air, typically through damage, renovations, or aging materials.

Landlords have a legal duty to ensure your rental is safe and habitable. This includes protecting tenants from hazardous exposure to asbestos.

New Mexico Laws: Landlord Responsibilities and Tenant Rights

Under the New Mexico Uniform Owner-Resident Relations Act, landlords are required to:

• Maintain the premises in a safe and habitable condition
• Comply with all health and safety codes that affect tenants’ health and safety
• Address hazardous conditions—including asbestos—promptly upon knowledge of a problem

If you suspect asbestos is present and not appropriately managed or if damaged asbestos is not repaired, you have the right to request action from your landlord. Landlords must ensure that any asbestos work is performed by a certified professional in accordance with federal and state regulations (EPA Asbestos Guide).

When Can Tenants Request Asbestos Testing or Repairs?

You can request an inspection or abatement (removal or sealing) if you notice:

• Crumbled, damaged or deteriorating insulation, tile, or ceilings in an older building
• Any demolition, remodeling, or repairs that may disturb suspect materials

How to Report Unsafe Asbestos Conditions

If your landlord ignores your request or does not address the problem, you can:

• Contact the New Mexico Department of Health's Indoor Air Quality Program for advice or to report unsafe conditions.
• File a complaint with your local building or code enforcement office.
• Consider formal legal action via the court system outlined below.

Relevant Tribunal: Where to Resolve Disputes

In New Mexico, disputes between landlords and tenants, including health and safety issues like asbestos, are typically handled in state or local district courts. There is no dedicated residential tenancy board, but your county's district or magistrate court is responsible for resolving rental housing complaints.

Official Forms for New Mexico Renters

• Owner-Resident Notice of Breach of Agreement
  LT-2: Owner-Resident Notice of Breach
  When to use: If your landlord fails to remedy unsafe asbestos after written notice, you may use this form to initiate legal action (for example, to ask the court to order repairs or permit you to terminate your lease without penalty). File this document with your local court.
• Complaint by Resident for Breach of Agreement
  LT-1: Complaint by Resident
  When to use: To formally begin a legal complaint if your landlord does not maintain safe living conditions, including asbestos hazards. Submit this form to start a court case.

Your Steps If You Find Asbestos Concerns

It's empowering to know your rights and what to do next:

• Put your request or concern in writing to your landlord. Keep a copy for your records.
• If unsafe conditions continue or there is no response in a reasonable time, file a complaint with your local department of health or city code enforcement.
• Consider using the official forms above and filing a claim in your local district or magistrate court if the issue is unresolved.
• Document all communication, photos, and conditions if possible.

FAQ: Renters' Rights and Asbestos in New Mexico

1. Can my landlord evict me for reporting asbestos concerns?
   Landlords may not legally retaliate or evict you for asserting your rights to a safe and habitable home under New Mexico's landlord-tenant laws.
   
2. Does my landlord have to tell me if asbestos is present?
   New Mexico law does not require landlords to proactively disclose the presence of asbestos unless it poses a current health hazard or is disturbed, but they must address any risks that arise.
   
3. What should I do if renovations are happening in my building?
   If any construction may disturb asbestos-containing materials, notify your landlord and ensure regulations for safe removal—or "abatement"—are followed.
   
4. How can I get an inspection for asbestos?
   You may request a licensed asbestos professional, or contact the New Mexico Department of Health for advice.
   

Need Help? Resources for Renters

• New Mexico Department of Health Indoor Air Quality Program – for guidance on asbestos and air safety.
• New Mexico Courts Landlord-Tenant Forms and Resources – to download official forms and access court information.
• New Mexico Mortgage Finance Authority (MFA) – offers housing assistance programs and renter resources.

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1. New Mexico Uniform Owner-Resident Relations Act, NMSA 1978, Chapter 47, Article 8 – see legislation here
2. New Mexico Department of Health – Indoor Air Quality Program
3. New Mexico Courts – Landlord-Tenant Forms and Resources
4. Environmental Protection Agency – Asbestos Information for the Public

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