A. At the time specified in the rental agreement for the commencement of occupancy, the owner shall deliver possession of the premises to the resident in compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner may bring an action for possession against the resident or any person wrongfully in possession and may recover the damages provided in Subsection F of Section 47-8-33 NMSA 1978.
B. If the owner fails to deliver possession of the premises to the prospective resident as provided in Subsection A of this section, one hundred percent of the rent abates until possession is delivered and the prospective resident may:
(1) upon written notice to the owner, terminate the rental agreement effective immediately. Upon termination the owner shall return all prepaid rent and deposits; or
(2) demand performance of the rental agreement by the owner and, if the prospective resident elects, maintain an action for possession of the premises against any person wrongfully withholding possession and recover the damages sustained by him and seek the remedies provided in Section 47-8-48 NMSA 1978.
C. If the owner makes reasonable efforts to obtain possession of the premises and returns prepaid rents, deposits and fees within seven days of receiving a prospective resident's notice of termination, the owner shall not be liable for damages under this section.
History: 1953 Comp., § 70-7-26, enacted by Laws 1975, ch. 38, § 26; 1999, ch. 91, § 3.
The 1999 amendment, effective June 18, 1999, added the Subsection A designation and substituted "At the time specified in the rental agreement for the commencement of occupancy" for "At the commencement of the rental period as specified in the rental agreement", deleted the former last sentence, which read "If the owner makes reasonable efforts to obtain possession of the premises, he shall not be liable for an action under this section"; added Subsections B and C; and updated statutory references.
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. — Implied covenant or obligation to provide lessee with actual possession, 96 A.L.R.3d 1155.
What constitutes willfulness or malice justifying landlord's collection of statutory multiple damages for tenant's wrongful retention of possession, 7 A.L.R.4th 589.
What constitutes tenant's holding over of leased premises, 13 A.L.R.5th 169.
51C C.J.S. Landlord and Tenant §§ 308 to 310.
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.