2021 New Mexico Statutes
Article 8 - Owner-Resident Relations
Section 47-8-23 - Application of rules or regulations.

An owner, from time to time, may adopt rules or regulations, however described, concerning the resident's use and occupancy of the premises. They are enforceable as provided in Section 47-8-33 NMSA 1978 against the resident only if:
A. their purpose is to promote the appearance, convenience, safety or welfare of the residents in the premises, preserve the owner's property from abusive use or make a fair distribution of services and facilities held out for the residents generally;
B. they are reasonably related to the purpose for which they are adopted;
C. they apply to all residents in the premises in a fair manner;
D. they are sufficiently explicit in their prohibition, direction or limitation of the resident's conduct to fairly inform him of what he must or must not do to comply;
E. they are not for the purpose of evading the obligations of the owner; and
F. the resident is presented with copies of existing rules and regulations at the time he enters into the rental agreement and is presented notice of amendments to the rules and regulations and rules and regulations adopted subsequent to the time he enters into the rental agreement. 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.
History: 1953 Comp., § 70-7-23, enacted by Laws 1975, ch. 38, § 23; 1995, ch. 195, § 9.
The 1995 amendment, effective July 1, 1995, made minor stylistic changes throughout the section.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 49 Am. Jur. 2d Landlord and Tenant §§ 507, 538 et seq.
51C C.J.S. Landlord and Tenant §§ 235 to 243.

Structure 2021 New Mexico Statutes

2021 New Mexico Statutes

Chapter 47 - Property Law

Article 8 - Owner-Resident Relations

Section 47-8-1 - Short title.

Section 47-8-2 - Purpose.

Section 47-8-3 - Definitions.

Section 47-8-4 - Principles of law and equity.

Section 47-8-5 - General act.

Section 47-8-6 - Recovery of damages.

Section 47-8-7 - Provision for agreement.

Section 47-8-8 - Rights, obligations and remedies.

Section 47-8-9 - Exemptions.

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 47-8-18 - Deposits.

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 - Repealed.

Section 47-8-27.1 - Breach of agreement by owner and relief by resident.

Section 47-8-27.2 - Abatement.

Section 47-8-28 - Repealed.

Section 47-8-29 - Repealed.

Section 47-8-30 - Action for counterclaim for resident.

Section 47-8-31 - Resident rights following fire or casualty.

Section 47-8-32 - Repealed.

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.

Section 47-8-51 - Applicability.

Section 47-8-52 - Conflicts; applicability of law.