When Can New Mexico Renters Call Professionals for Emergency Repairs?

For renters in New Mexico, unexpected emergencies—such as burst pipes, broken heating in freezing temperatures, or major electrical hazards—can happen at any time. Knowing your rights, responsibilities, and best actions can help you protect your health, safety, and finances while complying with state law. This guide explains when you can hire your own professional for emergency repairs, how to notify your landlord, what forms to use, and what state law says.

Your Rights and Responsibilities for Emergency Repairs in New Mexico

Under the New Mexico Uniform Owner-Resident Relations Act, landlords are responsible for maintaining your rental unit in a safe and habitable condition. This includes keeping the plumbing, heating, and electrical systems in good working order.^[1]

What Qualifies as an Emergency Repair?

Emergency repairs are those necessary to correct issues that seriously affect your health or safety. Common examples include:

• No heat in winter or no air conditioning during dangerous heat
• Broken water pipes or flooding
• Electrical hazards or power outages
• Sewage backups
• Locked out with no way to access the unit

Routine repairs, such as minor leaks or broken appliances, are not considered emergencies.

Steps to Take if You Need an Emergency Repair

If you face an emergency repair:

• Immediately notify your landlord in writing (email, text, or written letter).
  Tip: Always include the date, description of the emergency, and request urgent repairs.
• If the landlord does not respond quickly or the delay puts your health or safety at risk, you may be allowed to call a licensed professional to make the repair yourself and deduct the cost from your next rent payment.
• Keep detailed records, receipts, and photos.
• You must follow all steps required by New Mexico law to use the "repair and deduct" remedy lawfully.

How New Mexico's "Repair and Deduct" Law Works

In New Mexico, Section 47-8-27.1 of the Uniform Owner-Resident Relations Act allows renters to arrange emergency repairs if:

• You notified your landlord, and they failed to make the repair within a "reasonable" timeframe (usually 3 days for urgent repairs affecting health/safety)
• The total cost of repairs does not exceed one month’s rent or $300, whichever is greater
• You provide the landlord with a written statement of the repair work and a copy of the paid bill

It’s critical to give the landlord an opportunity to address the problem unless the emergency means waiting would put you at immediate risk.

Official Forms: Notice of Repair

New Mexico does not provide a pre-made official "Request for Repairs" form, but you must deliver written notice. Include:

• Date and address of the rental unit
• Description of the issue and why it’s an emergency
• Statement that repairs are needed immediately, and your intent to arrange repairs and deduct costs from rent if not addressed promptly

Example: If your heater breaks in January, send your landlord a written notice about the lack of heat, describe the risk to health, and request urgent repair. If they do not respond quickly, you may arrange repair and deduct the cost as described above.

For reference, you may view the official legislation outlining these requirements.

Who Handles Rental Disputes in New Mexico?

If your landlord disputes your use of the "repair and deduct" remedy, the matter may go before your local New Mexico Magistrate Court or Metropolitan Court (Albuquerque), which handle residential landlord-tenant cases.

What Happens After You Arrange Emergency Repairs?

Once you’ve arranged repairs:

• Give the landlord written notice again, attaching a copy of the paid invoice
• Deduct the repair cost from your next rent payment
• Retain all receipts in case there is a dispute

If you deduct more than the law allows or skip required steps, your landlord could seek to terminate your lease or pursue legal remedies.^[2]

FAQ: New Mexico Renters and Emergency Repairs

1. What should I do first if I need an emergency repair?
   Notify your landlord immediately in writing, describing the issue, the urgency, and when you need it fixed. Keep a copy of the notice.
2. Can I arrange any type of repair and deduct from my rent?
   No. Only emergencies that affect health or safety qualify, and there are limits on the amount and process you must follow.
3. Do I need to use a licensed contractor?
   Yes. Always use a licensed and insured professional for repairs to protect yourself and meet state law.
4. What happens if my landlord refuses to reimburse me?
   You may take the issue to your local Magistrate or Metropolitan Court. Keep all documentation to support your claim.
5. Where do I file a complaint if my landlord won’t do necessary repairs?
   You may contact your city’s housing code enforcement office or file a case through the proper New Mexico court.

Key Takeaways for New Mexico Renters

• Landlords must make emergency repairs to keep rentals safe and habitable
• Follow notice and documentation requirements before arranging your own repairs
• Use licensed professionals, keep all records, and know your "repair and deduct" limits

Understanding these steps helps protect your right to a safe home and avoid legal disputes.

Need Help? Resources for Renters

• New Mexico Uniform Owner-Resident Relations Act (Full Text)
• New Mexico Magistrate Court - Landlord/Tenant Information
• Metropolitan Court - Self Help for Tenants
• New Mexico Mortgage Finance Authority (Rental Housing Resources)
• New Mexico Legal Aid - Renter Support and Guidance

---

1. See: New Mexico Uniform Owner-Resident Relations Act (Sections 47-8-20 & 47-8-27.1)
2. New Mexico Courts: Magistrate Court Tenant Cases

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