New Mexico · Repairs and Unsafe Conditions

Landlord Won't Make Repairs in New Mexico: What Can I Do?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New Mexico.

Think before you call an inspector.

You or a neighbor can ask the city to send a code inspector. Be careful: if the home is in very bad shape, the inspector can condemn it (say no one may live there). Then everyone must move out, you too, sometimes on short notice. Think about where you would go before you call.

Under New Mexico law, your landlord must keep your home safe and in working order. If your landlord will not fix problems, this page covers what to do: ask in writing, lower your rent, or end the lease. Some cities add stricter rules. Check your city's guide.

What your landlord has to fix

  1. New Mexico law makes your landlord follow local housing codes for health and safety. Your landlord must make repairs needed to keep your home safe, and keep common areas safe too. Your landlord must keep electrical, plumbing, heating, air conditioning and other systems your landlord supplies in good working order.

    Source:
    1. § 47-8-20(A), New Mexico Compilation Commission (nmonesource.com). Law.
    Tip.

    Take photos of each problem, with the date. Take more if it gets worse.

  2. Your landlord must supply running water, a reasonable amount of hot water at all times, and reasonable heat. This duty does not apply to a building the law does not require to have heat or hot water. It also does not apply if only you control the heater and you pay the gas or electric company directly for it.

    Source:
    1. § 47-8-20(A), New Mexico Compilation Commission (nmonesource.com). Law.

If it is still not fixed

  1. Write to your landlord describing the repair problem. If your landlord does not fix it within 7 days of your notice, you can lower your rent. You can lower it by one third for each day the problem continues, counted from the day you gave notice. For example, if your daily rent is $30, that is about $10 off for each day. This does not cover amenities (extras that would not seriously affect your health, safety, or whether your home is fit to live in).

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.2(A), New Mexico Compilation Commission (nmonesource.com). Law.
    Your landlord can take you to court.

    If you hold back rent, pay less, or take repair costs out of your rent, your landlord can file an eviction case for unpaid rent. If the judge rules for your landlord, you can owe the rent and court costs and have to move out. Your proof matters. Even a case you win can show up when you apply for a new place. Get legal help first.

    Tip.

    Keep a copy of every letter you give your landlord, and keep your mail receipt. Save the texts and emails you send your landlord, and any replies.

  2. This rule is for a New Mexico home that is not fit to live in because of a repair problem. First give your landlord written notice. Your landlord then has 7 days to fix it. If not, and you move out because the home is not fit to live in, you can lower your rent by 100%. For example, 100% of $900 rent is $900, so you pay nothing. That lasts until your landlord fixes it. This does not cover amenities (extras that would not seriously affect your health, safety, or whether your home is fit to live in).

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.2(A), New Mexico Compilation Commission (nmonesource.com). Law.
    Your landlord can sue you for the rent.

    If you move out early because of repairs, your landlord can sue you for the rent up to the end of your lease. If the judge rules for your landlord, you can owe that rent. Your proof matters. Get legal help first.

  3. If your landlord seriously fails to follow the lease or the repair law, New Mexico gives you repair rights. They include lowering your rent, ending your lease, suing for money, or asking a court to order repairs. You lose all of these rights if you, a family member, or a guest you allowed in caused the problem on purpose or carelessly.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.1(A), New Mexico Compilation Commission (nmonesource.com). Law.

  4. If the problem is only because of something beyond your landlord's control, you can still lower your rent or end the lease. You cannot sue for money or ask a court to order the repair in that case.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.1(A), New Mexico Compilation Commission (nmonesource.com). Law.

  5. If your landlord still has not fixed the problem, you can lower your rent yourself. Take off one third of your daily rent for each day, counted from the day you gave notice until the repair is done. If your rent is $900 a month, your daily rent is about $30, and one third of that is $10 a day.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.2(A), New Mexico Compilation Commission (nmonesource.com). Law.

  6. Say your landlord still has not fixed the problem, and your home is now uninhabitable (not fit to live in) because of it. If you do not live there for that reason, you owe no rent for each day from your notice until the problem is fixed.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.2(A), New Mexico Compilation Commission (nmonesource.com). Law.

  7. For one repair problem in one rental period, you can pick only one of these: lower your rent, or end the lease. You cannot do both for the same problem in the same rental period. For a new problem, or the same problem in a later rental period, you can pick again.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.1(A), New Mexico Compilation Commission (nmonesource.com). Law.

  8. If your landlord seriously breaks the lease or the state repair rules, you can sue for money for the harm caused. You can also ask a court to order the repair. You get this money only if you win your case and your landlord pays. Whoever wins this kind of lawsuit can also make the other side pay reasonable lawyer fees and court costs.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.1(C), New Mexico Compilation Commission (nmonesource.com). Law.

  9. If you follow your lease and New Mexico renter law, your landlord cannot punish you for using your rights under this law. Your landlord cannot raise your rent, cut your services, or start or threaten an eviction case because of it. New Mexico protects you for 6 months after you complain to a code agency, ask for repairs in writing, or lower your rent.

    Source:
    1. § 47-8-39(A), New Mexico Compilation Commission (nmonesource.com). Law.

  10. New Mexico law bans your landlord from punishing you for using your rights as a renter. This includes asking in writing for repairs or reporting a housing code problem. This protection covers the 6 months before your landlord's action. It only applies if you are not breaking your lease or another part of this law. If your landlord punishes you this way, you can use it as a defense in an eviction case against you. A landlord who does this also owes you 2 times your monthly rent. If your rent is $900 a month, 2 times that is $1,800. You get this money only if you win your case and your landlord pays.

    Sources:
    1. Our editorial rules.
    2. § 47-8-39(A)-(B), New Mexico Compilation Commission (nmonesource.com). Law.
    Tip.

    If you can pay for it, a private home inspector can check the problems. Their written report and photos help show the conditions.

Moving out

  1. If your landlord seriously breaks the lease, or breaks state repair rules that seriously affect your health and safety, you can end the lease. Send your landlord a written notice describing the problem. It must say the lease ends at least 7 days after your landlord gets it. The lease does not end if your landlord makes a real effort to fix the problem by then.

    Sources:
    1. Our editorial rules.
    2. § 47-8-27.1(A), New Mexico Compilation Commission (nmonesource.com). Law.

Published by Nazanin, November 11, 2026. Sources checked November 13, 2026. Is something on this page wrong or out of date? Tell us.