A. The remedies provided by the Uniform Owner-Resident Relations Act shall be so administered that the aggrieved party may recover damages as provided in the Uniform Owner-Resident Relations Act. The aggrieved party has a duty to mitigate damages.
B. Any right or obligation declared by the Uniform Owner-Resident Relations Act is enforceable by action unless the provision declaring it specifies a different and limited effect.
History: 1953 Comp., § 70-7-6, enacted by Laws 1975, ch. 38, § 6.
Cross references. — For inapplicability of general forcible entry or detainer provisions to actions by landlord, see 35-10-2 NMSA 1978.
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. — 40 Am. Jur. 2d Housing Laws and Urban Development § 17.
Right and duty of lessor of advertising space to relet in order to minimize damages from lessee's breach, 35 A.L.R. 1536.
Recovery of expected profits lost by lessor's breach of lease, 92 A.L.R.3d 1286.
Tenant's recovery of damages for emotional distress under Uniform Residential Landlord and Tenant Act, 6 A.L.R.4th 528.
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.
Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.
Landlord's duty, on tenant's failure to occupy, or abandonment of, premises, to mitigate damages by accepting or procuring another tenant, 75 A.L.R.5th 1.
51C C.J.S. Landlord and Tenant §§ 247(2), 250(2).
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.