Section 47-8-35 – Claim for rent and damages.
If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney’s fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act. History: 1953 Comp., […]
Section 47-8-36 – Unlawful removal and diminution of services prohibited.
A. Except in case of abandonment, surrender or as otherwise permitted in the Uniform Owner-Resident Relations Act, an owner or any person acting on behalf of the owner shall not knowingly exclude the resident, remove, threaten or attempt to remove or dispossess a resident from the dwelling unit without a court order by: (1) fraud; […]
Section 47-8-36.1 – Landlord lien.
A. There shall be no landlord’s lien arising out of the rental of a dwelling unit to which the Uniform Owner-Resident [Relations] Act applies. B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising out of a claim for rent or damages. History: 1978 Comp., § 47-8-36.1, enacted […]
Section 47-8-26 – Delivery of possession.
A. At the time specified in the rental agreement for the commencement of occupancy, the owner shall deliver possession of the premises to the resident in compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner may bring an action for possession against the resident or any person wrongfully in possession and may […]
Section 47-8-27 – Repealed.
ANNOTATIONS Repeals. — Laws 1995, ch. 195, § 27, repealed 47-8-27 NMSA 1978, as enacted by Laws 1975, ch. 38, § 27, relating to noncompliance by the owner to rental agreement or matters affecting health and safety, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
Section 47-8-27.1 – Breach of agreement by owner and relief by resident.
A. Upon the failure of the owner to perform his obligations as required by Section 47-8-20 NMSA 1978, the resident shall give written notice to the owner specifying the breach and: (1) if there is a material noncompliance by the owner with the rental agreement or a noncompliance with the Uniform Owner-Resident Relations Act materially […]
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 […]