If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney's fees.
History: 1953 Comp., § 70-7-17, enacted by Laws 1975, ch. 38, § 17.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640.
51C C.J.S. Landlord and Tenant § 304.
Structure 2021 New Mexico Statutes
Article 8 - Owner-Resident Relations
Section 47-8-4 - Principles of law and equity.
Section 47-8-6 - Recovery of damages.
Section 47-8-7 - Provision for agreement.
Section 47-8-8 - Rights, obligations and remedies.
Section 47-8-10 - Judicial jurisdiction.
Section 47-8-11 - Obligation of good faith.
Section 47-8-12 - Inequitable agreement provision.
Section 47-8-13 - Service of notice.
Section 47-8-14 - Terms and conditions of agreement.
Section 47-8-15 - Payment of rent.
Section 47-8-16 - Waiver of rights prohibited.
Section 47-8-17 - Unlawful agreement provision.
Section 47-8-19 - Owner disclosure.
Section 47-8-20 - Obligations of owner.
Section 47-8-21 - Relief of owner liability.
Section 47-8-22 - Obligations of resident.
Section 47-8-23 - Application of rules or regulations.
Section 47-8-24 - Right of entry.
Section 47-8-25 - Use of dwelling unit limited.
Section 47-8-26 - Delivery of possession.
Section 47-8-27.1 - Breach of agreement by owner and relief by resident.
Section 47-8-27.2 - Abatement.
Section 47-8-30 - Action for counterclaim for resident.
Section 47-8-31 - Resident rights following fire or casualty.
Section 47-8-33 - Breach of agreement by resident and relief by owner.
Section 47-8-34 - Notice of extended absence.
Section 47-8-34.1 - Disposition of property left on the premises.
Section 47-8-34.2 - Personal property and security deposit of deceased resident; contact person.
Section 47-8-35 - Claim for rent and damages.
Section 47-8-36 - Unlawful removal and diminution of services prohibited.
Section 47-8-36.1 - Landlord lien.
Section 47-8-37 - Notice of termination and damages.
Section 47-8-38 - Injunctive relief.
Section 47-8-39 - Owner retaliation prohibited.
Section 47-8-40 - Action for possession by owner.
Section 47-8-41 - Action for possession by owner or resident.
Section 47-8-42 - Petition for restitution.
Section 47-8-43 - Issuance of summons.
Section 47-8-44 - Absence from court of defendant.
Section 47-8-45 - Legal or equitable defense.
Section 47-8-46 - Writ of restitution.
Section 47-8-47 - Appeal stays execution.
Section 47-8-48 - Prevailing party rights in law suit; civil penalties.
Section 47-8-49 - Unlawful and forcible entry.
Section 47-8-50 - Prior transactions valid.