This article shall be known and may be cited as the Uniform Owner-Resident Relations Act.
The underlying purposes and policies of this article are to: A. simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident; B. encourage owner and resident to maintain and improve the quality of housing in New Mexico.
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, 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.
This article being a general act intended as a unified coverage of its subject matter, no part of it shall be construed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.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 appropriate damages. B. Any right or obligation declared by this article is enforceable by action unless the provision declaring it specifies a different and limited effect.
A claim or right arising under this article or on a rental agreement, if disputed in good faith, may be settled by agreement.
This article 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 this article, the following arrangements are not governed by this article: A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, educational, counseling, religious or similar service; B. occupancy under a contract of sale of a dwelling unit or the property of which it is a 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 a landlord whose right to occupancy is conditional upon employment in or about the premises; F. occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; G. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes.
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 the 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 a notice or notification to another by taking steps reasonably calculated to inform the other in ordinary course whether or not the other actually comes to know of it. C. A person receives a notice or notification when: (1) it comes to his attention; or (2) it is delivered in hand to him or at his place of residence.
As used in the Uniform Owner-Resident Relations Act: A. 'action' includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined; B. 'building and housing codes' includes any law, ordinance or governmental regulation concerning fitness for habitation, or the construction, maintenance, operation, occupancy, use or appearance of any premises or dwelling unit; C. 'dwelling unit' means a structure or the part of a structure 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; D. 'good faith' means honesty in fact in the conduct or transaction concerned; E. 'landlord' or 'owner' means the owner, lessor or sublessor of the dwelling unit or the building of which it is a part; F. 'organization' includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest and any other legal or commercial entity; G. 'owner' has the same meaning as 'landlord'; H. 'person' includes an individual or organization; I. 'premises' means a dwelling unit and the structure of which it is a part, and facilities and appurtenances in it and grounds, areas and facilities held out for the use of residents generally or whose use is promised to the resident; J. 'rent' means all payments to be made to the landlord under the rental agreement; K. 'rental agreement' means all agreements, written or oral, and valid rules and regulations adopted under section 47-8-18 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises; L. 'resident' or 'tenant' means a person entitled under a rental agreement to occupy a dwelling unit to the exclusion of others; M. 'roomer' means a person occupying a dwelling unit that lacks a major bathroom or kitchen facility; N. 'security' means money or property given to assure payment or an obligation of the resident; O. 'single family residence' means a structure maintained and used as a single dwelling unit.
In computing a period of days, the first day is excluded and the last day is included. If the last day of any period is a Saturday, Sunday or a legal holiday, the period runs until the end of the next day which is not a Saturday, Sunday or legal holiday.
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 this article imposes an obligation of good faith in its performance or enforcement.
A. If the court, as a matter of law, finds a rental agreement or any provision thereof was unconscionable when made, the court may refuse to enforce the rental agreement, or it may enforce the remainder without the unconscionable provision, or it may so limit the application of any unconscionable provision as to avoid any unconscionable result. B. When it is claimed or appears to the court that the rental agreement or any provision thereof may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
A. A rental agreement may not provide that the resident: (1) agrees to waive or forego rights or remedies under this article; (2) authorizes any person to confess judgment on a claim arising out of the rental agreement; (3) agrees to pay the landlord's attorney's fees; (4) agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith. B. A provision prohibited by subsection A incorporated in a rental agreement is void. C. If a landlord deliberately uses a rental agreement containing provisions known by him to be prohibited, the resident may recover actual damages sustained by him.
A landlord may not require a resident to pay rent in exchange for the landlord's obligation to maintain the property.
A. A landlord shall provide the resident with a written rental agreement. The landlord shall sign the rental agreement and shall provide the resident with a copy. The rental agreement shall contain: (1) the name and address of the owner of record and the owner's authorized agent; (2) a statement of the resident's rights and obligations; (3) the term of the rental agreement; (4) the amount of rent and the time and manner of payment; (5) the amount and conditions of any security deposit; (6) any restrictions on the resident's right to use the premises. B. If a landlord fails to provide a written rental agreement, the landlord may not enforce provisions not orally agreed upon against the resident.
A. A landlord and resident may include in a rental agreement terms and conditions not prohibited by this article or other rule of law. B. In the absence of agreement, the resident shall pay the reasonable value of the use of the premises.
A. A landlord, from time to time, may adopt rules or regulations concerning the resident's use and occupancy of the premises. They are enforceable against the resident only if: (1) their purpose is to promote the convenience, safety or welfare of the residents in the premises, preserve the landlord's property from abusive use, or make a fair distribution of services and facilities held out for the residents generally; (2) they are reasonably related to the purpose for which they are adopted; (3) they apply to all residents in the premises in a fair manner; (4) they are sufficiently explicit in prohibition, direction or limitation of the resident's conduct to fairly inform him of what he must or must not do to comply; (5) they are not for the purpose of evading the obligations of the landlord; and (6) the resident has notice of them at the time he enters into the rental agreement. B. A rule or regulation adopted after the resident enters into the rental agreement is enforceable against the resident if reasonable notice of its adoption is given to the resident and it does not work a substantial modification of his bargain.
At the commencement of the term, a landlord shall deliver possession of the premises to the resident. If the landlord fails to deliver possession of the dwelling unit to the resident as provided in this section, rent shall abate until possession is delivered and the resident may: A. upon at least five days written notice to the landlord, terminate the rental agreement and upon termination the landlord shall return all prepaid rent and security; or B. demand performance of the rental agreement by the landlord and, if the resident elects, maintain an action for possession of the dwelling unit against the landlord or any person wrongfully in possession and recover the damages actually sustained by him.
A. A landlord shall: (1) comply with the requirements of applicable building and housing codes materially affecting health and safety; (2) make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition; (3) keep all common areas of the premises in a clean and safe condition; (4) maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him; (5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal; (6) supply running water and reasonable amounts of hot water at all times and reasonable heat; (7) provide extermination service if the unit has an infestation. B. The landlord and resident of a single family residence may agree in writing that the resident is to perform the landlord's duties specified in items (5), (6) and (7) of subsection A. C. The landlord and resident of any dwelling unit may agree that the resident perform specified repairs, maintenance tasks, alterations and remodeling, but only if the agreement is entered into in good faith and not to evade the obligations of the landlord.
A. Unless otherwise agreed, a landlord who conveys premises that include a dwelling unit subject to a rental agreement in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this article as to events occurring subsequent to written notice to the resident of the conveyance. B. A landlord is relieved of liability in advance of conveyance only if the purchaser agrees to be bound by all terms of the existing rental agreement.
A. A resident shall: (1) comply with all obligations primarily imposed upon residents by applicable provisions of building and housing codes materially affecting health and safety; (2) keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit; (3) dispose of all ashes, garbage, rubbish and other waste from his dwelling unit in a clean and safe manner; (4) keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits; (5) use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances including elevators in the premises; (6) not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so; (7) conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises.
A. The landlord 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 tenancy the name and address of: (1) the person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. B. The information required by subsection A shall be kept current and this section extends to and is enforceable against any successor landlord, owner or manager.
A provision in a rental agreement to the effect that the resident waives the landlord's default of any duties imposed by the Uniform Owner-Resident Relations Act shall be void.
If a resident fails to comply with section 47-8-22, the landlord may give written notice specifying the acts and omissions constituting the breach and advising the resident that the rental agreement will terminate upon a date not less than seven days after receipt of the notice. If the breach is remediable by repairs or the payment of damages or otherwise, and the resident adequately remedies the breach before the date specified in the notice, the rental agreement shall not terminate. In the case of a material or substantial breach, the landlord may give the resident notice of termination.
A. Except as provided in this article, if there is a material noncompliance by the resident with the rental agreement, or a noncompliance with section 47-8-22 materially affecting health and safety, the landlord may deliver a written notice to the resident specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than seven days after receipt of the notice, unless the breach is remedied by the resident within the seven days. B. If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.
A. If the landlord fails to comply with section 47-8-20 or the rental agreement materially affecting health and safety, the resident may deliver a written notice to the landlord specifying the acts and omissions constituting the breach, and advising that the rental agreement will terminate upon a date not less than seven days after receipt of the notice unless the landlord makes a reasonable attempt to remedy the breach within the seven day period. B. If the landlord fails to make a reasonable attempt within the seven day period, the resident may terminate the rental agreement. C. In addition to termination, or in lieu thereof, the resident may: (1) if the breach materially affects health and safety, deduct from rent the actual and reasonable cost of the repair if the landlord fails to remedy within a reasonable time after written notice; or (2) withhold from monthly rent an amount that reflects the reduction in value of the dwelling unit.
If conditions materially affecting the health or safety of the resident are caused by the resident's failure to maintain the dwelling unit, the resident may not exercise the remedies provided in section 47-8-27. A resident who has been advised by the landlord in writing of conditions caused by the resident's own failure to maintain the premises cannot terminate the tenancy on those grounds.
If a landlord fails to comply with the rental agreement or section 47-8-20, and the failure is not remediable within seven days, the resident may withhold from monthly rent an amount that represents the reduced value of the dwelling. The amount withheld may not exceed one-third of the daily rental for each day from the date of the written notice until the conditions are remedied. If the resident must vacate because of the landlord's failure, the resident may withhold all of the daily rent for each day the resident does not occupy the unit.
A. In addition to the remedies provided in sections 47-8-27 and 47-8-27.2, if a landlord fails to comply with the requirements of section 47-8-20 and the reasonable cost of compliance is less than one hundred dollars ($100) or one-half month's rent, whichever is greater, the resident may procure reasonable substitute housing during the landlord's noncompliance, in which case the resident is excused from paying rent for the period of the landlord's noncompliance. B. In the case described in subsection A, the resident may recover from the landlord the cost of the substitute housing in excess of the rent or actual damages, whichever is less.
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired: (1) the resident may immediately vacate the premises and notify the landlord in writing within fourteen days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) the resident may vacate any part of the dwelling unit rendered unusable by the fire or casualty and in that event the resident's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. B. If the fire or casualty is caused by the negligence or deliberate act of the resident, he is not entitled to the remedies provided in subsection A.
A landlord is responsible for maintaining all common areas of any building containing two or more dwelling units in a clean and structurally safe condition.
A. A landlord may require the resident to pay a security deposit. The security deposit shall not exceed one month's rent for rental agreements of less than one year. For rental agreements of one year or longer, there is no statutory maximum but the deposit must be reasonable. B. If the security deposit exceeds one month's rent, the landlord shall pay the resident annually interest on the amount of the security deposit in excess of one month's rent, at a rate equal to the passbook savings rate of a savings and loan association. C. The landlord shall return the security deposit to the resident within thirty days after termination of the tenancy and delivery of possession. D. If the landlord withholds any portion of the security deposit, the landlord shall provide the resident with a written itemized statement of deductions within thirty days after termination of the tenancy. E. If the landlord fails to return the security deposit or provide the itemized statement within thirty days, the resident may recover the property and money due plus damages equal to twice the amount wrongfully withheld, plus reasonable attorney's fees.
A. A landlord may enter the dwelling unit only: (1) in case of emergency; (2) to 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, residents, workmen or contractors; (3) when the resident has abandoned or surrendered the premises. B. A landlord may not abuse the right of access or use it to harass the resident. Except in case of emergency or if it is impractical to do so, the landlord shall give the resident at least twenty-four hours notice of the landlord's intent to enter and may enter only at reasonable times.
A. If the landlord makes an entry in violation of section 47-8-32, makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, or engages in other conduct that harasses the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. B. In either case, the resident may recover actual damages not less than one month's rent.
If the rental agreement requires the resident to give notice to the landlord of an extended absence in excess of seven days as provided in the rental agreement, and the resident fails to do so, the landlord may enter the dwelling unit during the resident's extended absence for the purpose of inspecting the premises, making repairs or otherwise protecting the landlord's interest.
A. A landlord may not interfere with or interrupt any utility service being supplied to the resident by the landlord or third parties, except for conditions beyond the landlord's control or for bona fide temporary repairs. B. A landlord shall not use interruption of utilities as an eviction method. C. A landlord who violates this section is liable to the resident for actual damages plus punitive damages of up to three months rent.
A. A landlord may not remove or exclude a resident from the premises except by judicial process. B. A landlord may not take possession of a dwelling unit by interfering with the resident's access, removing or destroying the resident's property, removing doors, windows, locks or other parts of the dwelling unit. C. A landlord who violates this section is liable to the resident for actual damages plus punitive damages of up to three months rent or two hundred dollars ($200), whichever is greater.
A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession because the resident has: (1) complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety; (2) complained to the landlord of a violation under section 47-8-20; (3) organized or become a member of a resident's union or similar organization; or (4) testified in any court or administrative proceeding or exercised any right protected under this article. B. If the landlord acts in violation of this section, the resident may invoke any of the remedies available under this article. C. Notwithstanding subsection A, a landlord may bring an action for possession if: (1) the resident is in default in rent; (2) compliance with building or housing codes requires alteration, remodeling or demolition which would effectively deprive the resident of use of the dwelling unit; or (3) the resident's conduct violates section 47-8-22 and cannot be remedied.
A. A landlord or resident may terminate a week-to-week tenancy by written notice given to the other at least seven days before the termination date. B. A landlord or resident may terminate a month-to-month tenancy by written notice given to the other at least thirty days before the periodic rental date specified in the notice. C. A landlord or resident may terminate a tenancy at will by at least thirty days written notice given to the other. D. A rental agreement may provide that the notice period of termination of a year-to-year tenancy be more than thirty days.
A. If the resident fails to pay rent when it is due, the landlord may give the resident written notice requiring the resident to pay the amount due or quit the premises within three days after receipt of the notice. B. If the resident does not pay the amount due within the three-day period or quit the premises, the landlord may pursue an action for recovery of possession of the premises and for recovery of any rent then due.
A. If the resident abandons the dwelling unit, the landlord shall make reasonable efforts to rent it at a fair rental. If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, it terminates on the date the new tenancy begins. B. If the landlord fails to use reasonable efforts to rent the dwelling unit, or if the landlord accepts the abandonment as a surrender, the rental agreement is deemed terminated by the landlord as of the date the landlord has notice of the abandonment. C. If the resident abandons the dwelling unit, the landlord shall store any property of the resident left on the premises for thirty days and shall make reasonable efforts to notify the resident of the location of the property. After thirty days, the landlord may dispose of the property.
If the resident of a mobile home park fails to pay rent or otherwise breaches the rental agreement, the owner of the mobile home park shall comply with all applicable provisions of this article regarding eviction proceedings before making any disposition of the mobile home.
A landlord shall have no lien on the personal property of the resident. Distress for rent is hereby abolished.
A. The remedies provided in the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover appropriate damages. B. Any right or obligation declared in this article is enforceable by action unless the provision specifies a different and limited effect.
A provision of a rental agreement which waives any of the rights provided to residents by the Uniform Owner-Resident Relations Act shall be void.
A. A landlord may charge reasonable fees for services actually rendered. B. A late fee charged to a resident for failure to pay rent when due shall not exceed ten percent of the amount of rent stated in the rental agreement for that rental period. C. To assess a late fee, the landlord shall provide written notice of the late fee no later than the last day of the next rental period following the period in which the default occurred.
A. A landlord may charge a prospective resident a screening fee to cover the reasonable costs of obtaining a screening report. The fee must be disclosed in writing before it is charged. B. A prospective resident may reuse a background check or screening report with the same landlord or property management company if the report was obtained within the prior ninety days, provided the report is from a consumer reporting agency and covers the same prospective resident. C. The landlord may not charge an additional screening fee for a reused report under subsection B.
A. A resident who is a victim of domestic violence, sexual assault, or stalking may terminate a rental agreement by providing the landlord with written notice and a copy of a protective order, police report, or other documentation of the domestic violence, sexual assault, or stalking. B. Termination under this section is effective upon the landlord's receipt of the notice and documentation. C. A resident who terminates under this section is liable for rent only through the date of termination.
In any action or proceeding arising under the Uniform Owner-Resident Relations Act, the court may award reasonable attorney's fees to the prevailing party.
A. Magistrate courts shall have jurisdiction of actions arising under the Uniform Owner-Resident Relations Act, including actions for recovery of possession of a dwelling unit, for recovery of rent, and for damages not exceeding the jurisdictional limit of the magistrate court. B. An appeal from the final judgment of the magistrate court shall be taken to the district court.
A. It is unlawful for a landlord to refuse to rent a dwelling unit to, or to discriminate in the terms and conditions of a rental agreement against, any person because of the person's source of income, including income derived from a housing assistance payment voucher. B. This prohibition applies in the jurisdiction of any municipality or county that has enacted a source-of-income anti-discrimination ordinance, including the City of Albuquerque and Bernalillo County.
It is an unlawful discriminatory practice for any person to refuse to sell, rent or lease, or to offer different terms for the sale, rental or lease of any housing accommodation because of race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity, spousal affiliation, age, physical or mental handicap or serious medical condition, or familial status.
No municipality or county shall enact any ordinance or resolution that would control or stabilize rent or the rate of rent increase on private residential property. This prohibition applies statewide and supersedes any local ordinance purporting to regulate rents.
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