24 Hour Notice of Intention to Enter Dwelling for Residential from Landlord to Tenant
New Mexico - Termination of Leases
§47-8-24. Right of entry.
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 to prospective
or actual purchasers, mortgagees, prospective residents, workmen or contractors; provided that:
(1) unless otherwise agreed upon by the owner and resident,
the owner may enter the resident's dwelling unit pursuant to this subsection
only after giving the resident twenty-four hours written notification of
his intent to enter, the purpose for entry and the date and reasonable
estimate of the time frame of the entry;
(2) this subsection is not applicable to entry by the owner to perform
repairs or services within seven days of a request by the resident or when
the owner is accompanied by a public official conducting an inspection
or a cable television, electric, gas or telephone company representative;
and
(3) where the resident gives reasonable prior notice and alternate
times or dates for entry and it is practicable or will not result in economic
detriment to the owner, then the owner shall attempt to reasonably accommodate
the alternate time of entry.
B. The owner may enter the dwelling unit without consent of the
resident in case of an emergency.
C. The owner shall not abuse the right of access.
D. The owner has no other right of access except by court
order, as permitted by this section if the resident has abandoned or surrendered
the premises or if the resident has been absent from the premises more
than seven days, as permitted in Section 47-8-34 NMSA 1978.
E. 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.
F. If the owner makes an unlawful entry, or a lawful entry
in an unreasonable manner, or makes repeated demands for entry that are
otherwise lawful but that have the effect of unreasonably interfering with
the resident's quiet enjoyment of the dwelling unit, the resident may obtain
injunctive relief to prevent the recurrence of the conduct or terminate
the rental agreement. In either case, the resident may recover damages.