reglab/housing_qa huggingface dataset:
NM Stat § 47-7E-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7E - Homeowner Association (Recompiled.)|Section 47-7E-12 - Recompiled.

History: Laws 2013, ch. 122, § 12; recompiled as § 47-16-12 NMSA 1978.ANNOTATIONSCompiler's notes. — Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-7E-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7E - Homeowner Association (Recompiled.)|Section 47-7E-13 - Recompiled.

History: Laws 2013, ch. 122, § 13; recompiled as § 47-16-13 NMSA 1978.ANNOTATIONSCompiler's notes. — Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-7E-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 7E - Homeowner Association (Recompiled.)|Section 47-7E-14 - Recompiled.

History: Laws 2013, ch. 122, § 14; recompiled as § 47-16-14 NMSA 1978.ANNOTATIONSCompiler's notes. — Laws 2013, ch. 122, §§ 1 through 14, the Homeowner Association Act, effective July 1, 2013, were erroneously compiled as 47-7E-1 through 47-7E-14 NMSA 1978, and have been recompiled as 47-16-1 through 47-16-14 NMSA 1978 by the compiler.
NM Stat § 47-8-2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-2 - Purpose.

The purpose of the Uniform Owner-Resident Relations Act is to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the rights and obligations of owner and resident, and to encourage the owners and the residents to maintain and improve the quality of housing in New Mexico. History: 1953 Comp., § 70-7-2, enacted by Laws 1975, ch. 38, § 2. ANNOTATIONSCross reference. — For the Mobile Home Park Act, see 47-10-1 NMSA 1978. Acts linked. — Although the Uniform Owner-Resident Relations Act governs the rights and obligations of owners and residents of "dwelling units", and the Mobile Home Park Act [Section 47-10-1 NMSA 1978 et seq.], governs tenancy in a "mobile home park", the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former. Martinez v. Sedillo, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-4 - Principles of law and equity.

Unless displaced by the provisions of the Uniform Owner-Resident Relations Act, the principles of law and equity, including the law relating to capacity to contract, mutuality of obligations, equitable abatement, principal and agent, real property, public health, safety and fire prevention, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy or other validating or invalidating cause supplement its provisions. History: 1953 Comp., § 70-7-4, enacted by Laws 1975, ch. 38, § 4; 1995, ch. 195, § 3. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, inserted "equitable abatement" near the middle of 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. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 17. Farmland cultivation arrangement as creating status of landlord-tenant or landowner-cropper, 95 A.L.R.3d 1013.
NM Stat § 47-8-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-5 - General act.

The Uniform Owner-Resident Relations Act being a general act is intended as a unified coverage of its subject matter, and no part of it is to be construed as impliedly repealed by subsequent legislation if that construction can reasonably be avoided. History: 1953 Comp., § 70-7-5, enacted by Laws 1975, ch. 38, § 5. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 2.
NM Stat § 47-8-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-6 - Recovery of damages.

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. ANNOTATIONSCross 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).
NM Stat § 47-8-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-7 - Provision for agreement.

A claim or right arising under the Uniform Owner-Resident Relations Act or on a rental agreement may be settled by agreement. History: 1953 Comp., § 70-7-7, enacted by Laws 1975, ch. 38, § 7. ANNOTATIONSLaw 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 §§ 77, 690.
NM Stat § 47-8-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-8 - Rights, obligations and remedies.

The Uniform Owner-Resident Relations Act applies to, regulates and determines rights, obligations and remedies under a rental agreement, wherever made, for a dwelling unit located within this state. History: 1953 Comp., § 70-7-8, enacted by Laws 1975, ch. 38, § 8. ANNOTATIONSCross references. — For inapplicability of forcible entry or detainer provisions, see 35-10-2 NMSA 1978. For landlord's lien on tenant's personalty, see 48-3-5 and 48-3-6 NMSA 1978. Magistrate court had subject matter jurisdiction when it decided claim for possession. — Where the parties entered into a lease option contract pursuant to which plaintiff agreed to lease and defendant agreed to rent a residential property in Vanderwagen, New Mexico for sixty months, and where the lease option contract included an option to purchase the residence at any time during the contract's terms, and where defendant paid plaintiff $10,000 that defendant claimed to be a down payment toward the purchase price of the property but which was not mentioned in the lease option contract, and where defendant stopped making monthly payments on the property after two years, and where plaintiff filed a petition for restitution seeking possession of the property in magistrate court, and where the magistrate court granted the writ of restitution and awarded damages, past-due rent, and attorney fees, and where, on appeal, defendant claimed that the magistrate court did not have subject matter jurisdiction because defendant was not occupying the property pursuant to a rental agreement but pursuant to a contract for the sale of the real property, the magistrate court did not err in exercising jurisdiction because the plain language of the parties' lease option contract demonstrates that the parties entered into a rental agreement as defined in NMSA 1978 § 47-8-3 and subject to the Uniform Owner-Resident Relations Act (UORRA), and the plain language of NMSA 1978 § 47-8-10(A) demonstrates that the legislature has endowed magistrate courts with subject matter jurisdiction over claims arising from any conduct in this state governed by the UORRA or with respect to any claim arising from a transaction subject to UORRA for a dwelling located within its jurisdictional boundaries. White v. Farris, 2021-NMCA-014.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. 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. Specificity of description of premises as affecting enforceability of lease, 73 A.L.R.4th 236.
NM Stat § 47-8-9 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-9 - Exemptions.

Unless created to avoid the application of the Uniform Owner-Resident Relations Act, the following arrangements are exempted by that act: A. residence at an institution, public or private, if incidental to detention or the provision of medical, geriatric, counseling, religious, educational when room and board are an entity or similar service; B. occupancy under a contract of sale of a dwelling unit or the property of which it is part, if the occupant is the purchaser or a person who succeeds to his interest; C. occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization; D. transient occupancy in a hotel or motel; E. occupancy by an employee of an owner pursuant to a written rental or employment agreement that specifies the employee's right to occupancy is conditional upon employment in and about the premises; and F. occupancy under a rental agreement covering premises used by the occupant primarily for agricultural purposes. History: 1953 Comp., § 70-7-9, enacted by Laws 1975, ch. 38, § 9; 1995, ch. 195, § 4. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, substituted "that" for "which" in the introductory sentence, and substituted "pursuant to a written rental or employment agreement that specifies the employee's" for "whose" in Subsection E. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-11 - Obligation of good faith.

Every duty under the Uniform Owner-Resident Relations Act and every act which must be performed as a condition precedent to the exercise of a right or remedy under the Uniform Owner-Resident Relations Act imposes an obligation of good faith in its performance or enforcement. History: 1953 Comp., § 70-7-11, enacted by Laws 1975, ch. 38, § 11. ANNOTATIONSLaw 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 § 109 et seq. When lessor may withhold consent under unqualified provision in lease prohibiting assignment or subletting of leased premises without lessor's consent, 21 A.L.R.4th 188. 51C C.J.S. Landlord and Tenant § 2(1).
NM Stat § 47-8-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-12 - Inequitable agreement provision.

A. If the court, as a matter of law, finds that any provision of a rental agreement was inequitable when made, the court may limit the application of such inequitable provisions to avoid an inequitable result. B. If inequitability is put into issue by a party to the rental agreement, the parties to the rental agreement shall be afforded a reasonable opportunity to present evidence as to the setting, purpose and effect of the rental agreement, or settlement, to aid the court in making determination. History: 1953 Comp., § 70-7-12, enacted by Laws 1975, ch. 38, § 12. ANNOTATIONSPurpose of section. — This section modifies common-law principles by allowing the court to make a determination of the underlying fairness of the rental agreement when made and allowing selective enforcement of the contract to bring about an equitable result. Ramirez-Eames v. Hover, 1989-NMSC-038, 108 N.M. 520, 775 P.2d 722. Review on appeal. — The determination of whether a rental agreement is inequitable should not be made de novo on review. Appellate courts should not be de novo courts of equity in landlord-tenant disputes. Ramirez-Eames v. Hover, 1989-NMSC-038, 108 N.M. 520, 775 P.2d 722. 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. — Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640.
NM Stat § 47-8-14 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-14 - Terms and conditions of agreement.

The owner and resident may include in a rental agreement terms and conditions not prohibited by the Uniform Owner-Resident Relations Act or other rule of law including rent, term of the agreement or other provisions governing the rights and obligations of the parties. History: 1953 Comp., § 70-7-14, enacted by Laws 1975, ch. 38, § 14. ANNOTATIONSLaw 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 § 45 et seq. Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640. Sufficiency of provision of lease to effect second or perpetual right of renewal, 29 A.L.R.4th 172. 51C C.J.S. Landlord and Tenant §§ 235 to 243.
NM Stat § 47-8-16 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-16 - Waiver of rights prohibited.

No rental agreement may provide that the resident or owner agrees to waive or to forego rights or remedies under the law. History: 1953 Comp., § 70-7-16, enacted by Laws 1975, ch. 38, § 16. ANNOTATIONSLaw reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-17 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-17 - Unlawful agreement provision.

If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney's fees. History: 1953 Comp., § 70-7-17, enacted by Laws 1975, ch. 38, § 17. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Application of usury laws to transactions characterized as "leases," 94 A.L.R.3d 640. 51C C.J.S. Landlord and Tenant § 304.
NM Stat § 47-8-19 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-19 - Owner disclosure.

A. The owner or any person authorized to enter into a rental agreement on his behalf shall disclose to the resident in writing at or before the commencement of the residency the name, address and telephone number of: (1) the person authorized to manage the premises; and (2) an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands. B. The information required to be furnished by this section shall be kept current, and this section extends to and is enforceable against any successor, owner or manager. C. A person designated under Paragraph (2) of Subsection A of this section becomes an agent of each person who is an owner for the purpose of service of process and receiving and receipting for notices and demands. A person designated under Paragraph (1) of Subsection A of this section becomes an agent of each person who is an owner for the purpose of performing the obligations of the owner under the Uniform Owner-Resident Relations Act and under the rental agreement. D. Failure of the owner to comply with this section shall relieve the resident from the obligation to provide notice to the owner as required by the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-19, enacted by Laws 1975, ch. 38, § 19; 1995, ch. 195, § 7. ANNOTATIONSCross references. — For the Real Estate Disclosure Act, see 47-13-1 NMSA 1978. The 1995 amendment, effective July 1, 1995, substituted "name, address and telephone number" for "name and address" in Subsection A, and added Subsection D. 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. — 51C C.J.S. Landlord and Tenant § 307.
NM Stat § 47-8-21 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-21 - Relief of owner liability.

A. Unless otherwise agreed, upon termination of the owner's interest in the dwelling unit, including but not limited to terminations of interest by sale, assignment, death, bankruptcy, appointment of receiver or otherwise, the owner is relieved of all liability under the rental agreement and of all obligations under the Uniform Owner-Resident Relations Act as to events occurring subsequent to written notice to the resident of the termination of the owner's interest. The successor in interest to the owner shall be liable for all obligations under the rental agreement or under the Uniform Owner-Resident Relations Act. Upon receipt by the resident of written notice of the termination of the owner's interest in the dwelling unit, the resident shall pay all future rental payments, when due, to the successor in interest to the owner. B. Unless otherwise agreed, a manager of premises that include a dwelling unit is relieved of liability under the rental agreement and the Uniform Owner-Resident Relations Act as to events occurring after written notice to the resident of the termination of his management. History: 1953 Comp., § 70-7-21, enacted by Laws 1975, ch. 38, § 21. ANNOTATIONSLaw reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-22 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-22 - Obligations of resident.

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. ANNOTATIONSThe 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.
NM Stat § 47-8-23 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-23 - Application of rules or regulations.

An owner, from time to time, may adopt rules or regulations, however described, concerning the resident's use and occupancy of the premises. They are enforceable as provided in Section 47-8-33 NMSA 1978 against the resident only if: A. their purpose is to promote the appearance, convenience, safety or welfare of the residents in the premises, preserve the owner's property from abusive use or make a fair distribution of services and facilities held out for the residents generally; B. they are reasonably related to the purpose for which they are adopted; C. they apply to all residents in the premises in a fair manner; D. they are sufficiently explicit in their prohibition, direction or limitation of the resident's conduct to fairly inform him of what he must or must not do to comply; E. they are not for the purpose of evading the obligations of the owner; and F. the resident is presented with copies of existing rules and regulations at the time he enters into the rental agreement and is presented notice of amendments to the rules and regulations and rules and regulations adopted subsequent to the time he enters into the rental agreement. A rule or regulation adopted after the resident enters into the rental agreement is enforceable against the resident if reasonable notice of its adoption is given to the resident and it does not work a substantial modification of his bargain. History: 1953 Comp., § 70-7-23, enacted by Laws 1975, ch. 38, § 23; 1995, ch. 195, § 9. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, 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. 51C C.J.S. Landlord and Tenant §§ 235 to 243.