Sections 47-8-1 through 47-8-51 [47-8-52] NMSA 1978 may be cited as the “Uniform Owner-Resident Relations Act”.

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.

As used in the Uniform Owner-Resident Relations Act:

A. “abandonment” means absence of the resident from the dwelling, without notice to the owner, in excess of seven continuous days; providing such absence occurs only after rent for the dwelling unit is delinquent;

B. “action” includes recoupment, counterclaim, set-off, suit in equity and any other proceeding in which rights are determined, including an action for possession;

C. “amenity” means a facility appurtenance or area supplied by the owner and the absence of which would not materially affect the health and safety of the resident or the habitability of the dwelling unit;

D. “applicant” means a person who submits an application to rent a dwelling unit to the owner or who agrees to act as a guarantor or cosigner on a rental agreement;

E. “codes” includes building codes, housing codes, health and safety codes, sanitation codes and any law, ordinance or governmental regulation concerning fitness for habitation or the construction, maintenance, operation, occupancy or use of a dwelling unit;

F. “deposit” means an amount of currency or instrument delivered to the owner by the resident as a pledge to abide by terms and conditions of the rental agreement;

G. “dwelling unit” means a structure, mobile home or the part of a structure, including a hotel or motel, that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household and includes a parcel of land leased by its owner for use as a site for the parking of a mobile home;

H. “eviction” means any action initiated by the owner to regain possession of a dwelling unit and use of the premises pursuant to the terms of the Uniform Owner-Resident Relations Act;

I. “fair rental value” is that value that is comparable to the value established in the market place;

J. “good faith” means honesty in fact in the conduct of the transaction concerned as evidenced by all surrounding circumstances;

K. “normal wear and tear” means deterioration that occurs based upon the use for which the rental unit is intended, without negligence, carelessness, accident, abuse or intentional damage of the premises, equipment or chattels of the owner by the residents or by any other person in the dwelling unit or on the premises with the resident’s consent; however, uncleanliness does not constitute normal wear and tear;

L. “organization” includes a corporation, government, governmental subdivision or agency thereof, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity;

M. “owner” means one or more persons, jointly or severally, in whom is vested:

(1) all or part of the legal title to property, but shall not include the limited partner in an association regulated pursuant to the Uniform Limited Partnership Act [repealed]; or

(2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises and agents thereof and includes a mortgagee in possession and the lessors, but shall not include a person or persons, jointly or severally, who as owner leases the entire premises to a lessee of vacant land for apartment use;

N. “person” includes an individual, corporation, entity or organization;

O. “premises” means facilities, facilities and appurtenances, areas and other facilities held out for use of the resident or whose use is promised to the resident coincidental with occupancy of a dwelling unit;

P. “rent” means payments in currency or in-kind pursuant to terms and conditions of the rental agreement for use of a dwelling unit or premises, to be made to the owner by the resident, but does not include deposits;

Q. “rental agreement” means all agreements between an owner and resident and valid rules and regulations adopted under Section 47-8-23 NMSA 1978 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises;

R. “resident” means a person entitled pursuant to a rental agreement to occupy a dwelling unit in peaceful possession to the exclusion of others and includes the owner of a mobile home renting premises, other than a lot or parcel in a mobile home park, for use as a site for the location of the mobile home;

S. “roomer” means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility in a structure where one or more major facilities are used in common by occupants of the dwelling units. As referred to in this subsection, “major facility”, in the case of a bathroom, means toilet and either a bath or shower and, in the case of a kitchen, means refrigerator, stove or sink;

T. “screening fee” means a one-time charge that is charged to an applicant by an owner to recoup the owner’s cost of purchasing a consumer credit report or reference check or the assistance of a screening service to validate, review or otherwise process an application for renting a dwelling unit;

U. “single family residence” means a structure maintained and used as a single dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and shares neither heating facilities, hot water equipment nor any other essential facility or service with any other dwelling unit;

V. “substantial violation” means a violation of the rental agreement or rules and regulations by the resident or occurring with the resident’s consent that occurs in the dwelling unit, on the premises or within three hundred feet of the premises and that includes the following conduct, which shall be the sole grounds for a substantial violation:

(1) possession, use, sale, distribution or manufacture of a controlled substance, excluding misdemeanor possession and use;

(2) unlawful use of a deadly weapon;

(3) unlawful action causing serious physical harm to another person;

(4) sexual assault or sexual molestation of another person;

(5) entry into the dwelling unit or vehicle of another person without that person’s permission and with intent to commit theft or assault;

(6) theft or attempted theft of the property of another person by use or threatened use of force; or

(7) intentional or reckless damage to property in excess of one thousand dollars ($1,000);

W. “term” is the period of occupancy specified in the rental agreement; and

X. “transient occupancy” means occupancy of a dwelling unit for which rent is paid on less than a weekly basis or where the resident has not manifested an intent to make the dwelling unit a residence or household.

Unless displaced by the provisions of the Uniform Owner-Resident Relations Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions.

The Uniform Owner-Resident Relations Act being a general act is intended as a unified coverage of its subject matter, and no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided.

A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.

B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable by action unless the provision declaring it specifies a different and limited effect.

A claim or right arising under the Uniform Owner-Resident Relations Act or on a rental agreement may be settled by agreement.

The Uniform Owner-Resident Relations Act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state.

Unless created to avoid the application of the Uniform Owner-Resident Relations Act, the following arrangements are exempted by that act:

A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious, educational when room and board are an entity or similar service;

B. occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the occupant is the purchaser or a person who succeeds to his interest;

C. occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;

D. transient occupancy in a hotel or motel;

E. occupancy by an employee of an owner pursuant to a written rental or employment agreement that specifies the employee’s right to occupancy is conditional upon employment in and about the premises; and

F. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.

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.

B. If a person is not a resident of this state or is a corporation not authorized to do business in this state and engages in conduct governed by the Act, the person may designate an agent for service of process. If no designation is made or process cannot be served on the designated agent, process may be served upon the secretary of state subject to the statutory mailing and affidavit requirements.

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.

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, the parties shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the agreement or settlement.

A. A person has notice of a fact if the person has actual knowledge, has received notice or, from the known facts and circumstances, has reason to know it exists.

B. A person gives notice by taking steps reasonably calculated to inform the other person in the ordinary course.

C. Notice is received when it comes to a person’s attention or is delivered or mailed to the applicable place designated for communications.

D. Notice to a resident for nonpayment of rent is effective only when hand delivered, mailed to the resident or posted on an exterior door of the dwelling unit. In other cases requiring written notice, posting must also be accompanied by first-class mail or hand delivery. The date of posting must be included, and a posted notice must be securely affixed to a door or placed in a fixture designed for notices or mail.

E. Notice is effective for a transaction when it is brought, or with reasonable diligence would have been brought, to the person’s attention.

F. If a mailed notice is returned as undeliverable, or the last known address is the vacated unit, the owner shall serve at least one additional notice if the resident provided an alternative address.

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.

A. The resident shall pay rent in accordance with the rental agreement. In the absence of an agreement, the resident shall pay the fair rental value.

B. Rent is payable without demand or notice at the agreed time and place. Unless otherwise agreed, periodic rent is payable at the beginning of the rental period.

C. Unless the rental agreement fixes a definite term, the residency is week-to-week for weekly rent and otherwise month-to-month.

D. If the rental agreement provides for a late fee, the owner may charge no more than five percent of the rent for each rental period in default. Late fees shall be calculated only on rent and shall not include deposits, additional fees or utilities. Notice of the late fee must be provided no later than the last day of the next rental period.

E. An owner may not assess a fee for occupancy by a reasonable number of guests for a reasonable length of time.

F. Rent increases generally require at least thirty days’ written notice for month-to-month or fixed-term residencies, subject to the timing stated in this subsection.

G. Unless agreed in writing, a resident’s rent payment may not be allocated to deposits or damages.

No rental agreement may provide that the resident or owner agrees to waive or forego rights or remedies under the law.

If an owner deliberately uses a rental agreement containing provisions known to be prohibited by law, the resident may recover resulting damages and reasonable attorney’s fees.

A. An owner may demand a reasonable deposit for damages caused during the residency. Under an annual agreement, deposits greater than one month’s rent require annual interest. Under an agreement shorter than one year, a deposit may not exceed one month’s rent.

B. Last month’s prepaid rent is treated separately as provided by the statute.

C. Upon termination, deposits may be applied to rent and legitimate damages, but not normal wear and tear. The owner must provide an itemized written list of deductions and any balance within thirty days after termination or departure, whichever is later.

D. An owner who fails to provide the statement and balance within thirty days forfeits the right to withhold the deposit, assert certain counterclaims or independent damage actions, and may be liable for court costs and reasonable attorneys’ fees.

E. An owner who in bad faith retains a deposit in violation of this section is liable for a $250 civil penalty.

A. At or before commencement of the residency, the owner must disclose in writing the name, address and telephone number of the person authorized to manage the premises and an owner or authorized agent for service of process and receipt of notices.

B. The information must be kept current and is enforceable against successors.

C. The designated persons become agents for the statutory purposes described.

D. Failure to comply relieves the resident from the obligation to provide notice to the owner as otherwise required by the Act.

An owner shall disclose to applicants in plain language all costs of a rental agreement in a published listing, including base rent and an itemized, readily identifiable description of all fees or charges that will be assessed during the residency. An owner is not liable for a third-party website’s failure to represent all costs provided by the owner.

A. An owner may charge a screening fee not exceeding $50 to cover the cost of obtaining information about an applicant, provided the owner:

(1) gives written or digital notice and obtains the applicant’s written agreement;

(2) does not charge when the owner knows or should know that a unit is unavailable;

(3) provides a written or digital receipt;

(4) places a hold on a credit card or waits to deposit cash or checks until prior applicants have been screened and rejected or have declined an offer; and

(5) charges no other fee to process the application.

B. The screening fee must be returned within thirty calendar days if a prior applicant accepts the unit or the owner does not obtain a credit report, perform a reference check, use a screening service or process the application.

C. A returned fee must be sent by certified mail, destroyed at the applicant’s request if paid by check, or made available for retrieval.

A. An owner may require a background check but shall not charge more than one screening fee to the same applicant if screening was completed within ninety calendar days for properties under the same ownership.

B. The owner shall give the applicant a copy of every report used to screen the applicant.

An owner may increase a fee provided under the rental agreement by giving written notice at least sixty days before the applicable periodic rental date or at least sixty days before the end of a fixed-term residency. For a periodic residency shorter than one month, notice must be provided at least one rental period in advance.

A. The owner shall substantially comply with applicable housing codes affecting health and safety; make necessary repairs; keep common areas safe; maintain supplied electrical, plumbing, sanitary, heating, ventilation, air-conditioning and other facilities; provide appropriate waste receptacles and removal; and supply running water, reasonable hot water and reasonable heat where required.

B. Where a minimum housing code applies, the owner’s maximum duty is determined as provided by the statute.

C–E. An owner and resident may make certain written, good-faith agreements regarding resident-performed maintenance, but such arrangements do not eliminate the owner’s statutory obligations.

F. Residents in multi-unit housing may request applicable utility bills and allocation calculations. The owner may charge an administrative fee not exceeding $5 for each monthly request.

G. The owner shall provide a written rental agreement before occupancy begins.

A. Unless otherwise agreed, an owner whose interest terminates is relieved of liability for events occurring after written notice to the resident. The successor assumes obligations under the rental agreement and the Act.

B. Unless otherwise agreed, a manager is relieved of liability for events occurring after written notice of termination of management.

The resident shall comply with applicable housing-code obligations; keep the occupied premises clean and safe; properly dispose of waste; keep plumbing fixtures clean; reasonably use facilities and appliances; not deliberately or negligently damage the premises; avoid disturbing neighbors’ peaceful enjoyment; follow applicable condominium, cooperative or neighborhood rules; and not knowingly commit or consent to a substantial violation.

An owner’s rules are enforceable only if they promote appearance, convenience, safety, welfare, property preservation or fair distribution of services; are reasonably related to their purpose; apply fairly to all residents; are sufficiently explicit; do not evade owner obligations; and are properly presented to residents. Later-adopted rules require reasonable notice and may not substantially modify the resident’s bargain.

A. A resident shall allow entry for lawful inspections, repairs, improvements, services and showings. Unless otherwise agreed, the owner generally must provide twenty-four hours’ written notification stating the purpose, date and a reasonable estimate of the time frame. Exceptions include certain resident-requested repairs and entry with specified public or utility officials.

B. The owner may enter without consent in an emergency.

C. The owner shall not abuse the right of access.

D. Other access generally requires a court order or circumstances involving abandonment, surrender or an absence exceeding seven days as authorized by law.

E. If a resident refuses lawful access, the owner may seek injunctive relief or terminate the agreement and recover damages.

F. A resident may seek injunctive relief, terminate the agreement and recover damages for unlawful or unreasonably intrusive entry.

Unless otherwise agreed, the resident shall occupy the dwelling unit only as a dwelling and comply with the rental agreement. The agreement may require notice of an anticipated absence exceeding seven days.

A. At the agreed commencement of occupancy, the owner shall deliver possession in compliance with the agreement and Section 47-8-20.

B. If possession is not delivered, rent abates completely until delivery. The prospective resident may terminate by written notice and recover prepaid rent and deposits, or demand performance and pursue possession and damages.

C. An owner who makes reasonable efforts to obtain possession and returns prepaid rent, deposits and fees within seven days after receiving a termination notice is not liable for damages under this section.

Repealed.

A. If an owner fails to perform obligations under Section 47-8-20, the resident shall give written notice specifying the breach. For material noncompliance affecting health and safety, the notice may state that the agreement will terminate on a date not less than seven days after receipt unless a reasonable attempt to remedy the breach is made within seven days. The resident may alternatively be entitled to rent abatement under Section 47-8-27.2.

B. These rights do not arise when the condition was caused by the deliberate or negligent act or omission of the resident, family member or another person on the premises with consent.

C. The resident may recover damages and obtain injunctive relief for material noncompliance.

D. A resident may not use both termination and abatement for the same violation during the same rental period, but may use an alternate remedy for later rental periods.

E. If the final cure day falls on a weekend or federal holiday, the period extends to the next day that is not a weekend or federal holiday.

A. For a violation of the owner’s obligations other than an amenity defect, the resident must give written notice of conditions needing repair. If not remedied within seven days, the resident may abate one-third of the pro-rata daily rent for each applicable day. If the dwelling is uninhabitable and the resident does not inhabit it because of the condition, the resident may abate one hundred percent of rent for each applicable day.

B. The resident may choose abatement or an alternate statutory remedy for each rental period.

C. For subsidized housing, the one-month limitation refers to total monthly rent, not only the resident-paid portion.

D. A court retains discretion to apply equitable abatement.

E. A resident may not abate rent for the unavailability of an amenity.

Repealed.

Repealed.

A. In an action for possession based on nonpayment or an action for rent while the resident remains in possession, the resident may counterclaim for amounts recoverable under the agreement or the Act, while remaining responsible for rent during possession.

B–C. A party may recover reasonable attorney’s fees and court costs when the opposing claim, defense or response is without merit and not raised in good faith.

If fire or casualty substantially impairs enjoyment, the resident may vacate and notify the owner in writing within seven days of an intent to terminate, or—if continued occupancy is lawful—vacate the unusable part and receive a proportional rent reduction. Upon termination, recoverable prepaid rent and deposits must be returned. The resident remains responsible for damage caused by the resident’s negligence.

Repealed.

A. For an initial material noncompliance, the owner shall deliver written notice specifying the acts, dates and facts and stating that the agreement will terminate on a date not less than seven days after receipt if the breach is not remedied within seven days.

B–C. A second material noncompliance within six months may result in termination after a written notice specifying the breach and a termination date not less than seven days after receipt. The initial notice must warn of this consequence and generally be given within thirty days of the breach or knowledge of it.

D. If rent is unpaid, the owner may terminate after the resident fails to pay within three days after written notice. Tender of the full amount due, in the manner stated in the notice, before expiration of the three-day notice bars a nonpayment action.

E–H. The section addresses disputed amounts, available owner remedies, limits relief to grounds in the written notice and extends cure periods ending on weekends or federal holidays.

I. A substantial violation requires written notice specifying the time, place and nature of the act and a termination date not less than three days after receipt.

J–L. The statute provides specified defenses involving domestic violence, lack of knowledge or ability to prevent another person’s conduct, and lawful defense of self, others or property.

M. A frivolous or bad-faith substantial-violation possession action may subject the petitioner to a civil penalty equal to two months’ rent plus damages and costs.

A. If the agreement requires notice of an anticipated absence exceeding seven days and the resident willfully fails to provide it, the owner may recover damages.

B. During an absence exceeding seven days, the owner may enter at reasonably necessary times.

C. Upon statutory abandonment, the owner may take immediate possession, store property as required by law and make reasonable efforts to re-rent the unit.

A. After abandonment, the owner must generally store property for at least thirty days, serve written notice of the intended disposition date and provide reasonable access and opportunities for retrieval.

B. After voluntary surrender, the owner must generally store property for at least fourteen days and provide reasonable access.

C. After execution of a writ of restitution, the owner generally has no storage obligation after three days unless otherwise agreed.

D–F. The statute provides different disposition and accounting rules based on whether property has a market value above or below $100.

G. The owner may charge reasonable storage and prevailing moving fees and may require payment before release.

H. The owner may not hold property for other claimed debts or judgments without the required execution process and may not retain exempt property where a writ of execution has been granted.

This section permits designation of a contact person and establishes procedures for access, removal and storage of a deceased sole resident’s property and refund of the deposit. It permits alternative written procedures, establishes certified-mail and thirty-day requirements before property is discarded, and provides liability for violations.

If the rental agreement is terminated, the owner is entitled to possession and may have separate claims for rent, damages and reasonable attorney’s fees as provided by the Act.

A. Except for abandonment, surrender or another statutory exception, an owner may not knowingly remove or exclude a resident without a court order through fraud, lock changes, blocked entrances, interference with essential services, removal of personal property or fixtures, or other willful acts making the dwelling inaccessible or uninhabitable.

B. Temporary interference during legitimate repairs or inspections is excepted.

C. A resident may be entitled to complete rent abatement for affected days, statutory civil penalties, restitution or termination, and damages.

There is no landlord’s lien arising from rental of a dwelling unit covered by the Act. This does not prohibit levy and execution on a judgment for rent or damages.

A. Either party may terminate a week-to-week residency by written notice at least seven days before the stated termination date.

B. Either party may terminate a month-to-month residency by written notice at least thirty days before the periodic rental date stated in the notice.

C. A willful, bad-faith holdover may result in an action for possession, damages and reasonable attorney’s fees.

An owner may seek injunctive relief or termination when a resident refuses lawful access. A resident may seek injunctive relief or termination for unlawful, unreasonable or harassing entry. The section also permits recovery of applicable damages, attorney’s fees and court costs.

A. An owner may not retaliate against a compliant resident by increasing rent, decreasing services or bringing or threatening a possession action because the resident, during the previous six months, made specified code, repair or fair-housing complaints; organized with other residents; exercised statutory rights in good faith; participated in litigation or testimony; or lawfully abated rent.

B. A violation entitles the resident to statutory remedies and is a defense in a possession action.

C. Uniform rent or service changes affecting comparable units may be permitted when supported by appropriate notice and not directed at the particular resident.

An owner may bring an action for possession in specified circumstances involving resident-caused code violations, rent default, material noncompliance, substantial violations or required alteration, remodeling or demolition. Maintaining the action does not release the owner from obligations under Section 47-8-20.

An action for possession of premises subject to the Act shall be commenced in the manner prescribed by the Act.

The person seeking possession shall file a petition with the district or magistrate court stating the facts with particularity, reasonably describing the premises and showing compliance with the Act’s notice provisions. Other residency-related causes may be included but tried separately if either party requests it in writing.

A. The summons is issued with the petition and applicable notices. An owner-filed possession trial is generally set seven to ten days after service; a resident-filed possession trial is generally set three to five days after service.

B. For good cause, the court may continue the possession hearing for up to seven days from the initial hearing date.

If a properly served defendant does not appear, the court shall try the cause as though the defendant were present.

On or before the appearance date, the defendant may appear, answer and assert any legal or equitable defense, setoff or counterclaim.

A. After an owner prevails, the court may issue a writ directing the sheriff to restore possession on a date not less than three nor more than seven days after judgment.

B. After a resident prevails, the court may issue a writ directing restoration of possession within twenty-four hours after judgment.

Either party may appeal as in other civil actions. A resident seeking to stay a writ must satisfy the statute’s payment deadlines and continue paying monthly rent while the appeal is pending. Failure to pay may result in a three-day notice, expedited hearing and lifting of the stay. The court may require a deposit or supersedeas bond to stay a money judgment.

A. If an applicant or party to a rental agreement brings suit to enforce the agreement or the Act, the prevailing party is entitled to reasonable attorneys’ fees and court costs.

B. An owner who charges an unauthorized screening fee is liable for $250 and must return all fees paid by the applicant.

C. An owner who violates Section 47-8-36 or 47-8-39 is liable for two times the monthly rent.

D. A resident who intentionally violates Subsection F of Section 47-8-22 is liable for two times the monthly rent.

New Mexico laws and procedures concerning unlawful and forcible entry apply to possession actions involving premises not subject to the UORRA or Mobile Home Park Act.

Transactions entered into before the Act’s effective date and not later extended or renewed remain valid, together with the rights, duties and interests flowing from them.

The Act applies to rental agreements entered into, extended or renewed after its effective date, subject to the section’s treatment of earlier agreements and conditions.

Unless a provision of the Mobile Home Park Act directly conflicts with the UORRA, the UORRA applies to mobile-home-park owners and residents.