Your Rights When Landlords Enter Without Notice in New Mexico

Living in a rental home means you have the right to privacy and security. In New Mexico, laws exist to ensure your landlord cannot enter your rental unit without following proper notice requirements. If you're facing surprise visits from your landlord, understanding and exercising your rights can protect your peace of mind and legal standing.

New Mexico Law on Landlord Entry

Under the New Mexico Uniform Owner-Resident Relations Act, landlords must provide advance notice before entering a tenant's dwelling. This law helps protect renters' right to privacy and establishes clear rules for when and how a landlord may enter your home.

• Landlords must give at least 24 hours' written notice before entering, unless there is an emergency.
• Entry must happen at reasonable times, typically during normal business hours.
• Emergencies (like fire, severe water leak) allow for immediate entry without notice.
• Valid reasons for entry include repairs, inspections, showings, or agreed-upon services.

If your landlord repeatedly visits without notice or a valid emergency, this may be a violation of your rights under New Mexico law^[1].

Steps to Stop Unannounced Landlord Visits

It's important to act promptly but calmly if your landlord is violating entry rules. Here are practical steps to protect your privacy:

• Document each unannounced visit (date, time, what happened).
• Communicate your concerns to your landlord in writing. Clearly state that New Mexico law requires 24 hours' notice and that you expect this to be followed.
• Refer to NMSA 1978, Section 47-8-24 in your correspondence for clarity.

If the problem continues, you may use official forms and contact state agencies for further help.

Using Official Forms to Notify and Protect Your Rights

• Tenant’s Written Notice (No Official Number): While New Mexico does not mandate a specific form, sending a signed, dated letter to your landlord documenting your request for proper notice is recommended. In your letter, mention the legal requirement for 24-hour notice and keep a copy for your records.
• Resident Complaint Form: If the landlord continues to violate entry laws, you can file a complaint with the New Mexico Real Estate Commission using their REC Complaint Form (PDF). Example: A tenant whose landlord enters without notice multiple times would fill out this form, attach their written notice, and submit it via the official process described in the form instructions.

Tip: Always communicate with your landlord in writing—by email or certified mail—to create a record in case you need support later.

Tribunal for Tenancy Disputes in New Mexico

Residential tenancy disputes—including issues about landlord entry—are handled by the New Mexico Courts, specifically at the Magistrate or Metropolitan Court level.

• If unannounced entries continue, you may file for an order to prevent unlawful entry or request mediation through the courts.
• Bring your documentation, written notices, and any complaint forms submitted as evidence.

Frequently Asked Questions

1. Can a landlord enter without notice if there is no emergency?
   In most cases, no. New Mexico law requires landlords to give at least 24 hours' notice before entering, unless there's an immediate emergency.
2. What qualifies as an emergency for landlord entry?
   Emergencies typically mean situations that threaten safety or property, like fire, flooding, or urgent repairs. Routine maintenance is not an emergency.
3. Can I refuse entry to my landlord?
   You may refuse entry if the landlord has not given proper notice and there is no emergency. Always explain your reason in writing and reference the law.
4. What should I do if my landlord keeps entering unannounced?
   Document each incident, send a written request to stop, and, if the issue does not improve, file a formal complaint with the Real Estate Commission or seek legal help.
5. Are there official forms for landlord entry issues?
   There is no specific state form for landlord entry notices, but the REC Complaint Form may be used to report sustained violations.

Key Takeaways for Renters

• New Mexico law requires your landlord to provide 24 hours’ written notice before entering except in emergencies.
• Document unannounced visits and communicate with your landlord in writing.
• If the issues continue, use official complaint processes and seek support from the courts or legal services.

Understanding your privacy rights and taking organized steps can help resolve issues with unannounced landlord visits effectively and peacefully.

Need Help? Resources for Renters

• New Mexico Uniform Owner-Resident Relations Act – Full text of state tenancy laws
• New Mexico Real Estate Commission – Consumer Resources
• New Mexico Courts Self-Help Center – Information on filing housing or tenant claims
• Law Help New Mexico – Free legal information and assistance for tenants

---

1. New Mexico Uniform Owner-Resident Relations Act, NMSA 1978, § 47-8-24
2. REC Complaint Form, New Mexico Real Estate Commission
3. New Mexico Courts – Magistrate and Metropolitan Court Information

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