Sections 47-8-1 through 47-8-51 [47-8-52] NMSA 1978 may be cited as the “Uniform Owner-Resident Relations Act”. History: 1953 Comp., § 70-7-1, enacted by Laws 1975, ch. 38, § 1; 1995, ch. 195, § 1. ANNOTATIONS Cross references. — For provisions on human rights, see 28-1-1 NMSA 1978 et seq. The 1995 amendment, effective July 1, […]
A. The district or magistrate court of this state may exercise jurisdiction over any person with respect to any conduct in this state governed by the Uniform Owner-Resident Relations Act or with respect to any claim arising from a transaction subject to this act for a dwelling unit located within its jurisdictional boundaries. In addition […]
Every duty under the Uniform Owner-Resident Relations Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the Uniform Owner-Resident Relations Act imposes an obligation of good faith in its performance or enforcement. History: 1953 Comp., § 70-7-11, enacted by Laws 1975, ch. 38, […]
A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result. B. If inequitability is put into issue by a party to the rental agreement, the parties to the rental […]
A. A person has notice of a fact if: (1) he has actual knowledge of it; (2) he has received a notice or notification of it; or (3) from all facts and circumstances known to him at the time in question he has reason to know that it exists. B. A person notifies or gives […]
The owner and resident may include in a rental agreement terms and conditions not prohibited by the Uniform Owner-Resident Relations Act or other rule of law including rent, term of the agreement or other provisions governing the rights and obligations of the parties. History: 1953 Comp., § 70-7-14, enacted by Laws 1975, ch. 38, § […]
A. The resident shall pay rent in accordance with the rental agreement. In the absence of an agreement, the resident shall pay as rent the fair rental value for the use of the premises and occupancy of the dwelling unit. B. Rent is payable without demand or notice at the time and place agreed upon […]
No rental agreement may provide that the resident or owner agrees to waive or to forego rights or remedies under the law. History: 1953 Comp., § 70-7-16, enacted by Laws 1975, ch. 38, § 16. ANNOTATIONS Law reviews. — For survey, “The Uniform Owner-Resident Relations Act,” see 6 N.M.L. Rev. 293 (1976).
If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney’s fees. History: 1953 Comp., § 70-7-17, enacted by Laws 1975, ch. 38, § 17. ANNOTATIONS Am. Jur. 2d, A.L.R. […]
A. An owner is permitted to demand from the resident a reasonable deposit to be applied by the owner to recover damages, if any, caused to the premises by the resident during his term of residency. (1) Under the terms of an annual rental agreement, if the owner demands or receives of the resident such […]
A. The owner or any person authorized to enter into a rental agreement on his behalf shall disclose to the resident in writing at or before the commencement of the residency the name, address and telephone number of: (1) the person authorized to manage the premises; and (2) an owner of the premises or a […]
The purpose of the Uniform Owner-Resident Relations Act is to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident, and to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico. History: 1953 Comp., § […]
A. The owner shall: (1) substantially comply with requirements of the applicable minimum housing codes materially affecting health and safety; (2) make repairs and do whatever is necessary to put and keep the premises in a safe condition as provided by applicable law and rules and regulations as provided in Section 47-8-23 NMSA 1978; (3) […]
A. Unless otherwise agreed, upon termination of the owner’s interest in the dwelling unit, including but not limited to terminations of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under the Uniform Owner-Resident Relations Act as to […]
The resident shall: A. comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety; B. keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the dwelling unit […]
An owner, from time to time, may adopt rules or regulations, however described, concerning the resident’s use and occupancy of the premises. They are enforceable as provided in Section 47-8-33 NMSA 1978 against the resident only if: A. their purpose is to promote the appearance, convenience, safety or welfare of the residents in the premises, […]
A. The resident shall, in accordance with provisions of the rental agreement and notice provisions as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit […]
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 […]
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 […]
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.
