A. Upon the failure of the owner to perform his obligations as required by Section 47-8-20 NMSA 1978, the resident shall give written notice to the owner specifying the breach and:
(1) if there is a material noncompliance by the owner with the rental agreement or a noncompliance with the Uniform Owner-Resident Relations Act materially affecting health and safety, the resident shall deliver a written notice to the owner specifying the acts and omissions constituting the breach. The notice shall state that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if a reasonable attempt to remedy the breach is not made in seven days, and the rental agreement shall terminate as provided in the notice. If the owner makes a reasonable attempt to adequately remedy the breach prior to the date specified in the notice, the rental agreement shall not terminate. If the rental agreement is terminated by the resident and possession restored to the owner, the owner shall return the balance, if any, of prepaid rent and deposit to which the resident is entitled pursuant to the rental agreement or Section 47-8-18 NMSA 1978; or
(2) the resident may be entitled to abatement of the rent as provided in Section 47-8-27.2 NMSA 1978.
B. The rights provided under this section do not arise if the condition was caused by the deliberate or negligent act or omission of the resident, a member of his family or other person on the premises with his consent. If the noncompliance with the rental agreement or with Section 47-8-20 NMSA 1978 results solely from circumstances beyond the owner's control, the resident is entitled only to those remedies set forth in Paragraph (1) or (2) of this subsection and is not entitled to an action for damages or injunctive relief against the owner.
C. The resident may also recover damages and obtain injunctive relief for any material noncompliance by the owner with the rental agreement or the provisions of Section 47-8-20 NMSA 1978. The remedy provided in this subsection is in addition to any right of the resident arising under Subsection A of this section.
D. If the resident proceeds under Paragraph (1) of Subsection A of this section, he shall not proceed under Paragraph (2) of Subsection A of this section in the same rental period for the same violation. If the resident proceeds under Paragraph (2) of Subsection A of this section, he shall not proceed under Paragraph (1) of Subsection A of this section in the same rental period for the same violation. A resident may, however, proceed under another paragraph of Subsection A of this section for a subsequent violation or the same violation that occurs in subsequent rental periods.
E. When the last day for remedying any breach pursuant to the written notice required under the Uniform Owner-Resident Relations Act occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday.
History: 1978 Comp., § 47-8-27.1, enacted by Laws 1995, ch. 195, § 11.
Effective dates. — Laws 1995, ch. 195, § 28 made Laws 1995, ch. 195, § 11 effective July 1, 1995.
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.