The resident shall:
A. comply with obligations imposed upon residents by applicable minimum standards of housing codes materially affecting health or safety;
B. keep that part of the premises that he occupies and uses as clean and safe as the condition of the premises permit, and, upon termination of the residency, place the dwelling unit in as clean condition, excepting ordinary wear and tear, as when residency commenced;
C. dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner;
D. keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits;
E. use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilation, air conditioning and other facilities and appliances including elevators, if any, in the premises;
F. not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;
G. conduct himself and require other persons on the premises with his consent to conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment of the premises;
H. abide by all bylaws, covenants, rules or regulations of any applicable condominium regime, cooperative housing agreement or neighborhood association not inconsistent with owner's rights or duties; and
I. not knowingly commit or consent to any other person knowingly committing a substantial violation.
History: 1953 Comp., § 70-7-22, enacted by Laws 1975, ch. 38, § 22; 1995, ch. 195, § 8.
The 1995 amendment, effective July 1, 1995, added Subsection I and 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.
Liability of lessee to persons injured by defects in premises or property after surrender of possession by lessee, 11 A.L.R.4th 579.
Liability of owner or occupant of premises to fireman coming thereon in discharge of his duty, 11 A.L.R.4th 597.
Measure and elements of Damages for Lessee's breach of covenant as to repairs, 45 A.L.R.5th 251.
51C C.J.S. Landlord and Tenant §§ 235 to 243.
Structure 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.