Landlord repairs in New Mexico

The owner must substantially comply with minimum housing codes materially affecting health and safety and make repairs and do whatever is necessary to put and keep the premises in a safe condition. Where a minimum housing code applies, that code sets the owner's maximum duty. (NMSA 1978 § 47-8-20(A)-(B))

New Mexico law names these:

• safe common areas
• electrical, plumbing, sanitary, heating, ventilating and air-conditioning facilities and supplied appliances (including elevators) in good and safe working order
• garbage and waste receptacles and removal
• running water
• a reasonable amount of hot water at all times
• reasonable heat
• a written rental agreement before occupancy

The resident must give the owner written notice specifying the breach or the conditions needing repair. New Mexico Legal Aid training materials say a work order, email or text can serve as written notice, and the abatement notice does not have to say the resident will abate or mention 7 days. (NMSA 1978 §§ 47-8-27.1(A), 47-8-27.2(A))

The notice must be in writing. Write a New Mexico repair request letter.

The owner has 7 days after the resident's written notice to remedy (for abatement) or to make a reasonable attempt to remedy (for termination). If the last day falls on a weekend or federal holiday, the deadline moves to the next day that is not a weekend or federal holiday.

Law: NMSA 1978 §§ 47-8-27.1(A)(1), (E), 47-8-27.2(A)

Not addressed by state law. The Uniform Owner-Resident Relations Act has no repair-and-deduct remedy; its self-help rent remedy is abatement (§ 47-8-27.2).

Allowed with limits. Rent abatement: if the owner does not remedy a § 47-8-20 violation within 7 days of written notice, the resident may abate one-third of the daily prorated rent for each day from the date of notice until the conditions are fixed, or 100% of the daily rent if the unit is uninhabitable and the resident does not live there because of the condition. No abatement for amenities (things whose absence does not affect health, safety or habitability). For subsidized units, the calculation uses the total rent. Each rental period the resident chooses abatement or termination for a given violation, not both. The owner may still file for nonpayment; if the owner wins, the resident gets 3 days after judgment to pay.

Law:

NMSA 1978 §§ 47-8-27.2, 47-8-27.1(D), 47-8-33(E), 47-8-3(C)

Allowed. For a material noncompliance with the lease or a noncompliance materially affecting health and safety, the resident may deliver written notice that the lease will terminate on a date at least 7 days after receipt if the owner does not make a reasonable attempt to remedy within 7 days. If the owner makes a reasonable attempt before that date, the lease continues. On termination, the owner must return any prepaid rent and deposit balance owed. Not available for conditions the resident's household or guests caused.

Law:

NMSA 1978 § 47-8-27.1(A)(1), (B)

Damages and injunctive relief for material noncompliance with the lease or § 47-8-20, in addition to termination or abatement, unless the breach resulted solely from circumstances beyond the owner's control (§ 47-8-27.1(B)-(C)). Courts may also apply equitable abatement (§ 47-8-27.2(D)). The prevailing party in a suit under the Act gets reasonable attorney's fees and costs (§ 47-8-48(A)).

An owner may not raise rent, decrease services, or bring or threaten an eviction against a resident in compliance with the lease because, within the previous 6 months, the resident complained to a code agency, joined a residents' association, made a written repair request or otherwise exercised rights under the Act in good faith, made a fair housing complaint, prevailed in or has a pending lawsuit about the residency, testified for another resident, or abated rent. The statute bars retaliation within that 6-month window but sets no presumption. Uniform rent increases or service changes at the end of the lease term are allowed. Violation is a defense to eviction and makes the owner liable for twice the monthly rent. (NMSA 1978 §§ 47-8-39, 47-8-48(C))

• In a single-family home, the owner and resident may agree in writing, for consideration and in good faith, that the resident handles garbage, heat and hot water and specified repairs (§ 47-8-20(C)).
• New Mexico Legal Aid advises residents who abate rent to keep the abated money in case a court orders it repaid.

• New Mexico repair request letter (free, runs in your browser)
• Breaking a lease in New Mexico: notice periods and early-termination rights
• New Mexico eviction notice rules: what a notice for unpaid rent requires

• NMSA 1978 Chapter 47, Article 8 (Uniform Owner-Resident Relations Act), NMOneSource (NM Compilation Commission) Retrieved October 14, 2026.
• New Mexico Legal Aid, VAP CLE: Basics of New Mexico Landlord-Tenant Law (Sept. 3, 2026) Retrieved October 14, 2026.

Laws change. This page was checked against the sources above on October 14, 2026. It is legal information, not legal advice; before withholding rent or ending a lease, contact your state's legal aid. See our methodology.