What to Do if You're Locked Out as a Renter in New Mexico

Getting locked out of your rental home in New Mexico can be stressful, but it's important to know your rights and what actions you can take. New Mexico law protects renters from illegal lockouts, and there are clear steps you can follow to regain access and resolve disputes with your landlord. This guide explains New Mexico's lockout rules, your legal protections, and what to do if you find yourself locked out.

Laws on Lockouts in New Mexico

Under the New Mexico Uniform Owner-Resident Relations Act, it is illegal for a landlord to lock out a tenant, remove their belongings, or cut off essential services (like water or electricity) in order to force the tenant to leave—except through a court-ordered eviction process^[1].

• Landlords cannot change the locks or otherwise exclude you from your home without a court order.
• Lockouts for reasons like late rent or disputes are not allowed unless the eviction process has been completed in court.
• This protection applies to almost all rental housing, including apartments, single-family homes, and mobile homes, unless you share living space with your landlord.

What to Do If You Are Locked Out

If you return home to find yourself locked out by your landlord or their agent, take these steps:

• Stay calm and do not attempt to break in or damage property to gain access.
• Gather documentation, such as your lease, photos, and any texts or emails from your landlord regarding the lockout.
• Contact your landlord to request immediate access and remind them that lockouts without a court order are illegal in New Mexico.
• If the landlord refuses or is unavailable, you can contact local law enforcement using the non-emergency number and explain the situation.
• If you need emergency shelter, contact local housing resources, legal aid, or the New Mexico courts for assistance (see the resources section below).

Emergency Lockout Situations

If you are locked out due to lost keys or an accidental lockout (not caused by your landlord), check your lease for instructions. Many landlords or property managers offer after-hours lockout services for a fee. If not specified, you may need to contact a locksmith—tenants are usually responsible for this cost, unless the lock is malfunctioning due to disrepair.

Official Forms and How to Use Them

There is no specific "lockout complaint form" in New Mexico, but renters whose rights have been violated can typically use the following:

• Petition by Resident for Relief (NM Magistrate Court Form 4-904): If your landlord has illegally locked you out, use this form to ask the court for an order restoring your access or for damages. Practical example: If your landlord changed the locks to force you out without an eviction order, you would file this petition to regain entry and potentially recover losses.
• Complaint for Restitution (Eviction) (NM Magistrate Court Form 4-902): Though this form is typically used by landlords, tenants should be aware of this process if they've received an official court summons. It is included here for clarity—not for renters to complete in lockout matters.

Action step: Complete Form 4-904, attach documentation, and file it at your local Magistrate or Metropolitan Court. Files can typically be submitted in person—check with your courthouse about e-filing or other accommodations. Find your local magistrate court here.

How New Mexico Courts Handle Tenancy Disputes

Residential tenancy disputes in New Mexico are handled by the New Mexico Courts—specifically, the Magistrate and Metropolitan Courts for most rental matters. These courts oversee cases involving lockouts, evictions, and tenant-landlord disagreements.

What If Utilities Are Shut Off?

It's also illegal for a landlord to shut off utilities to force a tenant out. If this happens, you can use the same Petition by Resident for Relief (Form 4-904) to seek restoration of essential services and recover damages.

If your landlord locks you out or unlawfully shuts off services, you have the right to take legal action under the New Mexico Uniform Owner-Resident Relations Act. Courts can order your landlord to restore possession and may award damages.

FAQ: Renters' Lockout Rights in New Mexico

1. Can my landlord lock me out for not paying rent?
   No. In New Mexico, your landlord must first go through the official court eviction process and get a court order before changing locks or removing you from the property.
2. What should I do if I'm locked out without an eviction notice?
   Document the lockout, contact your landlord, call local law enforcement if necessary, and consider filing a Petition by Resident for Relief (Form 4-904) with the court.
3. How soon can I get back in if the court rules in my favor?
   If the court finds the landlord illegally locked you out, it can order immediate restoration of your access, sometimes the same day.
4. Can I withhold rent or break my lease if I'm illegally locked out?
   You may have legal grounds to take action, but do not withhold rent or leave without consulting an attorney or the court first.
5. Are lockouts ever allowed without a court order?
   Very rarely—only in situations where your tenancy has lawfully ended (such as after a court eviction or abandonment) and not for routine disputes.

Conclusion: Key Takeaways for New Mexico Renters

• Lockouts without a court order are illegal in New Mexico under state law.
• Document any incident, communicate in writing with your landlord, and seek legal help if necessary.
• The New Mexico courts protect your right to remain in your home until a proper legal process is followed.

In summary: Stay calm, be proactive, and know that your rights as a renter are protected under state law.

Need Help? Resources for Renters

• New Mexico Courts – Find local Magistrate and Metropolitan Courts for filing petitions and getting information.
• Law Help New Mexico – Free legal information and referrals for renters.
• New Mexico Mortgage Finance Authority - Housing Resources
• Statewide Legal Services: New Mexico Legal Aid for free or low-cost support.
• Non-Emergency Police: For enforcement of court orders and to respond to illegal lockouts.

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1. See the New Mexico Uniform Owner-Resident Relations Act (§ 47-8-36, § 47-8-36.1)
2. Official Landlord-Tenant Forms: NM Magistrate Court Landlord-Tenant Forms
3. New Mexico Courts Website: https://www.nmcourts.gov/

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