Albuquerque New Mexico Warning of Default on Residential Lease
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FAQ
Over 30% of households in New Mexico live in rental properties according to Census ACS data. The state is somewhat landlord-friendly as there are no rent control laws and evictions may take less time than in other states. All US states, including New Mexico, have a statewide Landlord-Tenant law in place.
Law Access New Mexico. A free telephone legal helpline as well as online information source for low-income New Mexicans with civil legal problems including landlord/tenant issues such as eviction, repairs and security deposit. 1-800-340-9771. Se habla espanol. Hours: a.m. to p.m.
Tenant Rights to Withhold Rent in New Mexico Tenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater.
Tenant default occurs when a Tenant breaches one of the tenant's covenants in its lease. Tenant default can arise in a number of different ways but will typically be for one of the following: Non-payment of rent or other sums reserved under the lease. Breach of the repair covenant. Breach of the alienation covenant.
In New Mexico, a landlord's obligation for providing a habitable living space is primarily governed by NM Stat § 47-8-20. This legal requirement, commonly known as the ?implied warranty of habitability?, also outlines the rights of tenants when repairs are not made in a timely manner.
Landlords in New Mexico are required to provide a safe and habitable living space and make requested repairs in a reasonable amount of time (7 days).
Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.
Every New Mexico tenant has the legal right to seek proper and fair housing without any kind of discrimination against them. The New Mexico landlord-tenant law also allows them to request required repairs for the unit (If it needs them).
