What You Didn't Know About Renter's Rights In New Mexico

If you have a problem in your apartment that your landlord isn't handling promptly, you may need to assert your renter's rights. to ensure that tenants live in safe and reasonably comfortable homes.

You have several options for how to exercise these rights if your landlord is neglecting your rented property.

DoNotPay can help you with any of these options, from sending a demand letter to preparing for small claims court. Here's what you should know about your and how to respond if your landlord isn't respecting them.

What Rights Do You Have as a Renter in New Mexico?

Security deposits	If you have a lease that's less than a year, your security deposit can't be more than one month's rent. When you move out, your landlord needs to return your deposit or provide a list of damages that justify keeping some of the deposit within 30 days.
Eviction	If you violate the terms of your lease, New Mexico law sets limits on how long you have to fix the problem before being evicted and how long you have to move out if you are evicted. If you receive a Cure or Quit Notice, which demands that you fix a problem or move out, you have 10 days to resolve the situation. If you are evicted for a substantial violation of your lease, you have 3 days to move out. If you are evicted for multiple violations of your lease within a 6-month period, you have 7 days to move out.
Safe and habitable space	Your landlord needs to keep your apartment in a safe and habitable condition. This means taking care of major repairs and pest infestations and ensuring that the property has essentials like working locks and well-functioning heat.
Quiet enjoyment	Your landlord is required to provide 24 hours notice before entering your apartment. This notice should include when they are entering the property and why.

What to Do if Your Landlord Does Not Respect Your Rights

If your landlord doesn't respect your rights as a renter, you have several options, ranging in seriousness from a conversation to a lawsuit. When you have a problem with your apartment, the best place to start is simply asking your landlord to fix the problem in whatever way you normally communicate. If that doesn't work, you can move on to these steps.

1. Send a formal letter.

You generally won't be able to proceed with any of the other options if you haven't started here. Send your landlord a formal letter by certified mail requesting that the problem be taken care of. Reference the specific rights you're asserting and set a deadline for fixing the problem.

2. Withhold rent.

New Mexico law allows tenants to withhold some or all of their rent if their landlords do not take care of repairs within seven days of receiving written notice. If your apartment is uninhabitable, you can withhold the entire prorated daily rent. If the repair is less serious, you can withhold one-third of the daily rent. New Mexico protects tenants from retaliation from their landlords for six months after this type of assertion of rights.

3. Repair the problem yourself and deduct the cost from your rent.

You also have the option to either handle the repair yourself or hire someone to do so at your own expense and then subtract this cost from the rent you pay. This can be the most comfortable option since it gets the problem fixed more quickly and then deals with payment later.

4. Move out.

If your rental is not habitable, you may be able to either temporarily or permanently move out and then request that the landlord covers the associated costs. This is usually your best option when the rental property is truly uninhabitable, such as not having working heat in the winter.

5. File a lawsuit.

If you can't resolve the dispute any other way, you may need to sue your landlord in small claims court. Depending on the specific issue you're having, you may be suing to demand that a repair be completed or to have your security deposit returned after moving out early. You can represent yourself in small claims court, but you may want to consult an attorney specializing in landlord-tenant issues ahead of time.

Easily Assert Your Rights as a Renter With DoNotPay

Issues relating to the condition of your home are stress-inducing and often uncomfortable. Whatever the issue you're having with your landlord in New Mexico, DoNotPay can help. DoNotPay's fast, easy and successful system can save you time and stress while recovering your security deposit, resolving a dispute about repairs or suing your landlord.

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

Get back your security deposits
Learn about your state's eviction laws and what protections apply in your case
Resolve disputes regarding repairs with your landlord
Resolve disputes with roommates by filing demand letters or going through small claims court
Break your lease early

How to resolve a dispute in New Mexico using DoNotPay:

If you want to resolve a dispute in New Mexico but don't know where to start, DoNotPay has you covered in 4 easy steps:

Search for and open the Landlord Protection product on DoNotPay.
Select which issue applies to you.
Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.
Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.