Section 47-8-37 – Notice of termination and damages.
A. The owner or the resident may terminate a week-to-week residency by a written notice given to the other at least seven days prior to the termination date specified in the notice. B. The owner or the resident may terminate a month-to-month residency by a written notice given to the other at least thirty days […]
Section 47-8-38 – Injunctive relief.
A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the owner may recover damages, reasonable attorney’s fees and court costs. B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes […]
Section 47-8-39 – Owner retaliation prohibited.
A. An owner may not retaliate against a resident who is in compliance with the rental agreement and not otherwise in violation of any provision of the Uniform Owner-Resident Relations Act by increasing rent, decreasing services or by bringing or threatening to bring an action for possession because the resident has within the previous six […]
Section 47-8-27.2 – Abatement.
A. If there is a violation of Subsection A of Section 47-8-20 NMSA 1978, other than a failure or defect in an amenity, the resident shall give written notice to the owner of the conditions needing repair. If the owner does not remedy the conditions set out in the notice within seven days of the […]
Section 47-8-28 – Repealed.
ANNOTATIONS Repeals. — Laws 1999, ch. 91, § 8 repealed 47-8-28 NMSA 1978, as enacted by Laws 1975, ch. 38, § 28, relating to failure to deliver possession of premises, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 47-8-26 NMSA 1978.
Section 47-8-29 – Repealed.
ANNOTATIONS Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-29 NMSA 1978, as enacted by Laws 1975, ch. 38, § 29, relating to resident rights in event of breach by owner, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
Section 47-8-30 – Action for counterclaim for resident.
A. In an action for possession based upon nonpayment of rent or in an action for rent where the resident is in possession, the resident may counterclaim for any amount which he may recover under the rental agreement or the Uniform Owner-Resident Relations Act, providing that the resident shall be responsible for payment to the […]
Section 47-8-31 – Resident rights following fire or casualty.
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the resident may: (1) vacate the premises and notify the owner in writing within seven days thereafter of his intention to terminate the rental agreement, in which case […]
Section 47-8-32 – Repealed.
ANNOTATIONS Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-32 NMSA 1978, as enacted by Laws 1975, ch. 38, § 32, relating to unlawful removal and penalty to owner, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
Section 47-8-25 – Use of dwelling unit limited.
Unless otherwise agreed, the resident shall occupy his dwelling unit only as a dwelling unit and in compliance with terms and conditions of the rental agreement. The rental agreement may require that the resident notify the owner of any anticipated extended absence from the premises in excess of seven days no later than the first […]