Landlord-Tenant

The tenant has until the deadline in the Summons to file a written Answer or the date of the hearing, whichever is earlier. The tenant also may file a Petition for Relief or a Counterclaim for damages against the landlord. Neither the Answer nor the Counterclaim is proof; they are only statements of what the tenant hopes to prove at the hearing. The tenant must appear at the hearing to prove their case.

Section 47-8-33 NMSA 1978.

A tenant can get evicted for:

1. Failing to pay rent
2. Breaking a rule in the lease agreement between the landlord and tenant. 
3. Breaking some laws, also known as a substantial violation, like threatening the safety of other tenants or committing a drug-related crime.  

Section 47-8-33 NMSA 1978.

Rental agreements must contain the following information:

• How long the tenant can live there, also known as the rental term, including move-in and move-out dates. 
• How much rent has increased over the last two years. 
• The day rent is due each month. 
• When the landlord can evict the tenant for unpaid or late rent.
• The rules and regulations of the property.
• All other needed payments other than rent. 
• If pets are allowed.
• Who receives paperwork and notices.

Section 47-10-14 NMSA 1978.

If a tenant doesn’t pay rent, the landlord can evict the tenant. Eviction must be done in court, and the landlord cannot kick a tenant out without going to court first. Before a landlord can go to court to evict a tenant, the landlord must give the tenant a three-day notice of non-payment. If the tenant doesn’t pay the rent within three days of receiving the notice, the tenant loses the right to stay and can be evicted. If the tenant pays the rent within three days, the tenant can remain in the rental and the landlord cannot try to evict the tenant for non-payment. 

Section 47-8-33 NMSA 1978.

You must still pay rent, but that is only what I waive when abating rents owed. If a landlord has not made the repairs you requested, you can refuse to pay for the days it took the landlord to make the repairs. For example, if it took the landlord five days to respond to your request and make the repair, you would only withhold those five days. To let the landlord know that you are abating rent because of an issue with the landlord’s responsibilities, you must let them know in writing, using Form 4-902A, the resident’s seven-day notice of abatement or termination of the rental agreement. This alerts the landlord that you are withholding rent or asking to break your lease contract because the landlord has failed to make repairs or keep the rental in good condition. Abating rent can be a tricky process; please consult a self-help center or an attorney before taking this step. 

Section 47-8-27.2 NMSA 1978

During an eviction, a tenant can move out on their own or wait to see what the court decides. The tenant can bring any proof or records that could provide a defense, or the landlord is getting revenge for the tenant making a complaint. The tenant has the right to cure the situation to avoid an eviction, including paying rent or fixing any issues that go against the lease. The tenant can provide any information that shows they are not at fault. If evicted, the tenant can get back all their property after an eviction. For more information on tenants’ rights and responsibilities, please see Renters-Guide. 

Section 47-8-33 NMSA 1978.

The rent cannot be increased during that period if the tenant has a written lease agreement with specific terms, including move-in and move-out dates. If the lease automatically renews for another year, the landlord must give the tenant notice of a rent increase thirty days before the current agreement ends. 

Section 47-8-15 NMSA 1978.

If a tenant tries to pay rent but the landlord won’t accept it, the tenant should make a second rent offer with witnesses present and document all interactions. The tenant can ask these witnesses to speak in court. If the tenant shows the judge that they tried to pay but the landlord refused the payment, the tenant might not be evicted. Please consult an attorney about your experience, as this process can be overwhelming. 

Section 47-8-30 NMSA 1978.

Whenever court paperwork is filled out and filed, the other person in the case can see it and receive it. A tenant can find out who to serve in a landlord-tenant case in a few ways. If you are familiar with the property’s owner or manager, they will receive all paperwork. Your lease agreement, which you and your landlord signed, should also include information on who will receive any paperwork or notices. If you live in a complex owned by a corporation or a person who lives in a different state or owns multiple properties, you will need to find out who the registered agent of the property is.

A tenant can respond to a landlord’s eviction petition in several ways. First, a tenant can file an answer. An answer to petition for restitution form (Form 4-907) can explain why you should not be evicted and how you want to respond to the landlord’s petition. You can also file a counterclaim, a petition for relief (Form 4-906), mostly used in cases of a lockout, which allows you to explain your situation or say what the landlord did wrong. This could include why you do not owe rent and why you shouldn’t be evicted, and it will enable you to share your concerns with your landlord and the court. 

Section 47-8-43 NMSA 1978

If someone is living with you who is not on the lease and you need them removed, they cannot be evicted like tenants. They will need to be removed through “forcible entry.” This is the same process for commercial property. You will need to use Form 4-203, Complaint in Forcible Entry, which allows you to explain that someone needs to be removed from your property. At the hearing, the judge will determine whether or not this person needs to be removed from your property, and if so, how much time they have to find a new place to live and move out. 

Section 47-8-49 NMSA 1978

The length of notice required depends on how often the tenant pays rent. If the tenant pays rent week-to-week, the notice must be given seven days in advance. A thirty-day notice is required if the tenant pays rent each month. Please read your rental agreement before moving out to understand when to give notice. 

Section 47-8-37 NMSA 1978.

No, a landlord must go to court before evicting a tenant. 

Section 47-8-30 NMSA 1978.

The tenant should notify the landlord if something needs repair and keep communication records. If the landlord does not respond to a request for repairs, the tenant can seek to terminate the lease, withhold rent, and have a defense against eviction for non-payment of rent. If the ignored repair can impact the tenant’s health, they can choose to move out as long as they give the landlord notice. Lastly, the tenant can also sue for damages or get a court order to force the landlord to make repairs. 

Section 47-8-27.1 NMSA 1978.

A deposit can be withheld from a tenant for many reasons. These can include damage, not giving the landlord proper notice, and covering lost rent or costs to prepare the apartment for a new tenant. An example could be the tenant moving out without proper notice, and the landlord having trouble finding a new tenant. The landlord can withhold the deposit to cover costs that will get the place ready to rent to someone else. The most common situation involving damage deposits is where the landlord claims the tenant damaged the rental unit that requires repair. 

Section 47-8-35 NMSA 1978.

If the tenant commits a crime in a rental, the landlord can file an eviction petition for a substantial violation. The crime must have taken place within 300 feet of the property. A tenant does not have to be convicted of a crime to face eviction under this substantial violation provision of the law, but the landlord must still prove that the violation occurred. It is important to note that if the tenant acted in self-defense, they cannot be evicted for a substantial violation. If the tenant is the victim of domestic abuse, the tenant should seek legal advice immediately, because of the abuse itself, and also because it may affect the landlord.

For the complete list of what crimes fit a substantial violation, please see Section 47-8-33 NMSA 1978.

After an eviction, the landlord must hold any property the tenant has left behind for three days. The landlord must allow the tenant to get their property within these three days. These three days start after the sheriff has locked the doors to the apartment, not after the court has ordered eviction. If the landlord and tenant can agree on a period longer than three days to move everything out, that will apply rather than the three days. If the tenant does not get their property within the agreed time, the landlord can dispose of it. 

Section 47-8-34.1 NMSA 1978.

If a landlord is retaliating against you in circumstances such as not accepting rent or ignoring maintenance requests, keep a record of all communications and inform the court if the landlord tries to evict you. You can also contact the local housing authority or code enforcement office to make the landlord fulfill their duties. If your situation does not require these solutions, please speak with an attorney or the local code enforcement office to learn more about your options. 

Section 28-1-7 NMSA 1978. 

The federal Fair Housing Act allows you to seek and maintain housing without discrimination. Discrimination includes refusing to show an apartment or house, or when the landlord charges higher rent or fees based on who you are, like race, religion, family status, or disability. If you believe you are being discriminated against, keep all records of communication and any effort from the landlord to exclude you from housing opportunities. You can file a complaint with the state courts, federal courts, and the city’s human rights office.