New Mexico Tenancy Laws

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Commonly Asked Questions about New Mexico Tenancy Laws

What is the New Mexico law regarding habitability for tenants?

Landlords in New Mexico must honor tenants rights by providing habitable housing, making repairs in a timely manner, refraining from discrimination, allowing tenants to have quiet enjoyment of the property, and adhering to the legal process for eviction, among other things.

Can a landlord evict you without a court order in New Mexico?

To evict a tenant, the landlord must file a court case, go to a hearing and get an order from the judge ordering the tenant to be evicted. The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program.

Can you evict someone without a lease in New Mexico?

It does not matter whether a tenant has a written lease, or is a month-to-month tenant. They all receive a specific notice depending on their tenancy which could either be a 7-Day Notice to Quit or a 30-Day Notice to Quit. See N.M. Stat. Ann.

How do I evict someone from my house in New Mexico?

In New Mexico, evictions are regulated by state statutes. To evict a tenant, a landlord must first terminate the tenancy with a notice, and then eviction lawsuit against the tenant and win the lawsuit.

How to evict a squatter in New Mexico?

To legally evict squatters from a property in New Mexico, property owners need to file an eviction lawsuit, providing evidence of the squatters unauthorized occupancy, and obtain a court order for eviction.

What is illegal eviction in New Mexico?

Threatening a renter with a lockout or lying about an impending eviction to spur a tenant to leave are what New Mexico state law describes as a self-help eviction. Its an illegal way to coerce someone into giving up an apartment without a court order.

What rights do tenants have in New Mexico?

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).

How much notice does a tenant have to give to move out in New Mexico?

If you rent on a month-to-month basis, you must give the landlord 30 days notice when you plan to move. Similarly, the landlord must give you 30 days notice of a change in rent or conditions.