reglab/housing_qa huggingface dataset:
NM Stat § 47-8-25 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-25 - Use of dwelling unit limited.

Unless otherwise agreed, the resident shall occupy his dwelling unit only as a dwelling unit and in compliance with terms and conditions of the rental agreement. The rental agreement may require that the resident notify the owner of any anticipated extended absence from the premises in excess of seven days no later than the first day of the extended absence. History: 1953 Comp., § 70-7-25, enacted by Laws 1975, ch. 38, § 25. 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. — Provision in lease as to purpose for which premises are to be used, as excluding use for other purpose, 148 A.L.R. 583. 51C C.J.S. Landlord and Tenant § 327.
NM Stat § 47-8-26 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-26 - Delivery of possession.

A. At the time specified in the rental agreement for the commencement of occupancy, the owner shall deliver possession of the premises to the resident in compliance with the rental agreement and Section 47-8-20 NMSA 1978. The owner may bring an action for possession against the resident or any person wrongfully in possession and may recover the damages provided in Subsection F of Section 47-8-33 NMSA 1978. B. If the owner fails to deliver possession of the premises to the prospective resident as provided in Subsection A of this section, one hundred percent of the rent abates until possession is delivered and the prospective resident may: (1) upon written notice to the owner, terminate the rental agreement effective immediately. Upon termination the owner shall return all prepaid rent and deposits; or (2) demand performance of the rental agreement by the owner and, if the prospective resident elects, maintain an action for possession of the premises against any person wrongfully withholding possession and recover the damages sustained by him and seek the remedies provided in Section 47-8-48 NMSA 1978. C. If the owner makes reasonable efforts to obtain possession of the premises and returns prepaid rents, deposits and fees within seven days of receiving a prospective resident's notice of termination, the owner shall not be liable for damages under this section. History: 1953 Comp., § 70-7-26, enacted by Laws 1975, ch. 38, § 26; 1999, ch. 91, § 3. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, added the Subsection A designation and substituted "At the time specified in the rental agreement for the commencement of occupancy" for "At the commencement of the rental period as specified in the rental agreement", deleted the former last sentence, which read "If the owner makes reasonable efforts to obtain possession of the premises, he shall not be liable for an action under this section"; added Subsections B and C; and updated statutory references. 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. — Implied covenant or obligation to provide lessee with actual possession, 96 A.L.R.3d 1155. 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. What constitutes tenant's holding over of leased premises, 13 A.L.R.5th 169. 51C C.J.S. Landlord and Tenant §§ 308 to 310.
NM Stat § 47-8-27 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-27 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 195, § 27, repealed 47-8-27 NMSA 1978, as enacted by Laws 1975, ch. 38, § 27, relating to noncompliance by the owner to rental agreement or matters affecting health and safety, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
NM Stat § 47-8-27.2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-27.2 - Abatement.

A. If there is a violation of Subsection A of Section 47-8-20 NMSA 1978, other than a failure or defect in an amenity, the resident shall give written notice to the owner of the conditions needing repair. If the owner does not remedy the conditions set out in the notice within seven days of the notice, the resident is entitled to abate rent as set forth below: (1) one-third of the pro-rata daily rent for each day from the date the resident notified the owner of the conditions needing repair, through the day the conditions in the notice are remedied. If the conditions complained of continue to exist without remedy through any portion of a subsequent rental period, the resident may abate at the same rate for each day that the conditions are not remedied; and (2) one hundred percent of the rent for each day from the date the resident notified the owner of the conditions needing repair until the date the breach is cured if the dwelling is uninhabitable and the resident does not inhabit the dwelling unit as a result of the condition. B. For each rental period in which there is a violation under Subsection A of this section, the resident may abate the rent or may choose an alternate remedy in accordance with the Uniform Owner-Resident Relations Act. The choice of one remedy shall not preclude the use of an alternate remedy for the same violation in a subsequent rental period. C. If the resident's rent is subsidized in whole or in part by a government agency, the abatement limitation of one month's rent shall mean the total monthly rent paid for the dwelling and not the portion of the rent that the resident alone pays. Where there is a third party payor, either the payor or the resident may authorize the remedy and may abate rent payments as provided in this section. D. Nothing in this section shall limit a court in its discretion to apply equitable abatement. E. Nothing in this section shall entitle the resident to abate rent for the unavailability of an amenity. History: 1978 Comp., § 47-8-27.2, enacted by Laws 1995, ch. 195, § 12; 1999, ch. 91, § 4. ANNOTATIONSThe 1999 amendment, effective June 18, 1999, in Subsection A in the first sentence inserted "other than a failure or defect in an amenity" and updated a statutory reference and in the second sentence inserted "set out in the notice within seven days of the notice"; and added Subsection E. Abatement not allowed. — Tenants were not entitled to abate rent where the tenants were living on the premises continuously until the fire and the premises were not uninhabitable for any of the 17 months the tenants had not paid rent; moreover, the trial court did not err in granting a directed verdict on the claim of retaliation because there was no issue of retaliation in response to rent abatement if there was no right to abate. Hedicke v. Gunville, 2003-NMCA-032, 133 N.M. 335, 62 P.3d 1217, cert. denied, 133 N.M. 413, 63 P.3d 516.
NM Stat § 47-8-28 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-28 - Repealed.

ANNOTATIONSRepeals. — Laws 1999, ch. 91, § 8 repealed 47-8-28 NMSA 1978, as enacted by Laws 1975, ch. 38, § 28, relating to failure to deliver possession of premises, effective June 18, 1999. For provisions of former section, see the 1998 NMSA 1978 on NMOneSource.com. For present comparable provisions, see 47-8-26 NMSA 1978.
NM Stat § 47-8-29 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-29 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 195, § 27, repealed 47-8-29 NMSA 1978, as enacted by Laws 1975, ch. 38, § 29, relating to resident rights in event of breach by owner, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
NM Stat § 47-8-30 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-30 - Action for counterclaim for resident.

A. In an action for possession based upon nonpayment of rent or in an action for rent where the resident is in possession, the resident may counterclaim for any amount which he may recover under the rental agreement or the Uniform Owner-Resident Relations Act, providing that the resident shall be responsible for payment to the owner of the rent specified in the rental agreement during his period of possession. Judgment shall be entered in accordance with the facts of the case. B. If the defense or counterclaim by the resident is without merit and is not raised in good faith, the owner may recover reasonable attorney's fees and his court costs. C. If the action or reply to the counterclaim is without merit and is not in good faith, the resident may recover reasonable attorney's fees and his court costs. History: 1953 Comp., § 70-7-30, enacted by Laws 1975, ch. 38, § 30. 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. — Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249. Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446. Respective rights in excess rent when landlord relets at higher rent during lessee's term, 50 A.L.R.4th 403.
NM Stat § 47-8-31 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-31 - Resident rights following fire or casualty.

A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to an extent that enjoyment of the dwelling unit is substantially impaired, the resident may: (1) vacate the premises and notify the owner in writing within seven days thereafter of his intention to terminate the rental agreement, in which case the rental agreement terminates as of the date of vacating; or (2) if continued occupancy is lawful, vacate any part of the dwelling unit rendered unusable by the fire or casualty, in which case the resident's liability for rent is reduced in proportion to the diminution in the fair rental value of the dwelling unit. B. If the rental agreement is terminated, the owner shall return the balance, if any, [of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of termination or apportionment, is to occur as of the date of the vacation. Notwithstanding the provisions of this section, the resident is responsible for damage caused by his negligence. History: 1953 Comp., § 70-7-31, enacted by Laws 1975, ch. 38, § 31. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. 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 § 759 et seq. Condition of premises within the contemplation of provision of lease or statute for cessation of rent or termination of lease in event of destruction of or damage to property as result of fire, 118 A.L.R. 106, 61 A.L.R.2d 1445. Modern status of rule as to tenant's rent liability after injury to or destruction of demised premises, 99 A.L.R.3d 738. Liability of owner or occupant of premises to fireman coming thereon in discharge of his duty, 11 A.L.R.4th 597. 52A C.J.S. Landlord and Tenant § 991.
NM Stat § 47-8-32 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-32 - Repealed.

ANNOTATIONSRepeals. — Laws 1995, ch. 195, § 27, repealed 47-8-32 NMSA 1978, as enacted by Laws 1975, ch. 38, § 32, relating to unlawful removal and penalty to owner, effective July 1, 1995. For provisions of former section, see the 1994 NMSA 1978 on NMOneSource.com.
NM Stat § 47-8-34 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-34 - Notice of extended absence.

A. If the rental agreement requires the resident to give notice to the owner of an anticipated extended absence in excess of seven days as required in Subsection A of Section 3 [47-8-3 NMSA 1978] of the Uniform Owner-Resident Relations Act and the resident willfully fails to do so, the owner may recover damages from the resident. B. During any absence of the resident in excess of seven days, the owner may enter the dwelling unit at times reasonably necessary. C. If the resident abandons the dwelling unit as defined in Subsection A of Section 3 of the Uniform Owner-Resident Relations Act, the owner shall be entitled to take immediate possession of the dwelling unit. The owner shall, in such cases, be responsible for the removing and storing of the personal property for such periods as are provided by law. Upon abandonment, the owner may make reasonable efforts to rent the dwelling unit and premises at a fair rental. If the owner rents the dwelling unit for a term beginning prior to the expiration of the rental agreement, it is deemed to be terminated as of the date the new tenancy begins. History: 1953 Comp., § 70-7-34, enacted by Laws 1975, ch. 38, § 34. 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. — What constitutes abandonment of residential or commercial lease - modern cases, 84 A.L.R.4th 183.
NM Stat § 47-8-36 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-36 - Unlawful removal and diminution of services prohibited.

A. Except in case of abandonment, surrender or as otherwise permitted in the Uniform Owner-Resident Relations Act, an owner or any person acting on behalf of the owner shall not knowingly exclude the resident, remove, threaten or attempt to remove or dispossess a resident from the dwelling unit without a court order by: (1) fraud; (2) plugging, changing, adding or removing any lock or latching device; (3) blocking any entrance into the dwelling unit; (4) interfering with services or normal and necessary utilities to the unit pursuant to Section 47-8-32 NMSA 1978, including but not limited to electricity, gas, hot or cold water, plumbing, heat or telephone service, provided that this section shall not impose a duty upon the owner to make utility payments or otherwise prevent utility interruptions resulting from nonpayment of utility charges by the resident; (5) removing the resident's personal property from the dwelling unit or its premises; (6) removing or incapacitating appliances or fixtures, except for making necessary and legitimate repairs; or (7) any willful act rendering a dwelling unit or any personal property located in the dwelling unit or on the premises inaccessible or uninhabitable. B. The provisions of Subsection A of this section shall not apply if an owner temporarily interferes with possession while making legitimate repairs or inspections as provided for in the Uniform Owner-Resident Relations Act. C. If an owner commits any of the acts stated in Subsection A of this section, the resident may: (1) abate one hundred percent of the rent for each day in which the resident is denied possession of the premises for any portion of the day or each day where the owner caused termination or diminishment of any service for any portion of the day; (2) be entitled to civil penalties as provided in Subsection B of Section 47-8-48 NMSA 1978; (3) seek restitution of the premises pursuant to Sections 47-8-41 and Section 47-8-42 NMSA 1978 or terminate the rental agreement; and (4) be entitled to damages. History: 1953 Comp., § 70-7-36, enacted by Laws 1975, ch. 38, § 36; 1995, ch. 195, § 16. ANNOTATIONSCompiler's notes. — Section 47-8-32 NMSA 1978, referred to in Paragraph A(4), was repealed in 1995. The 1995 amendment, effective July 1, 1995, rewrote this section to such an extent that a detailed comparison would be impracticable. Am. Jur. 2d, A.L.R. and C.J.S. references. — 49 Am. Jur. 2d Landlord and Tenant § 637 et seq. Landlord and tenant: violation of statute or ordinance requiring landlord to furnish specified facilities or services as ground of liability for injury resulting from tenant's attempt to deal with deficiency, 63 A.L.R.4th 883. 51C C.J.S. Landlord and Tenant §§ 297, 298.
NM Stat § 47-8-36.1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-36.1 - Landlord lien.

A. There shall be no landlord's lien arising out of the rental of a dwelling unit to which the Uniform Owner-Resident [Relations] Act applies. B. Nothing in this section shall prohibit the owner from levy and execution on a judgment arising out of a claim for rent or damages. History: 1978 Comp., § 47-8-36.1, enacted by Laws 1995, ch. 195, § 17. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Cross references. — For landlords' liens on personal property, see 48-3-5 NMSA 1978. For liens of owners and operators of public accommodations on personal property, see 48-3-16 NMSA 1978. Effective dates. — Laws 1995, ch. 195, § 28 made Laws 1995, ch. 195, § 17 effective July 1, 1995.
NM Stat § 47-8-38 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-38 - Injunctive relief.

A. If the resident refuses to allow lawful access, the owner may obtain injunctive relief to compel access or terminate the rental agreement. In either case, the owner may recover damages, reasonable attorney's fees and court costs. B. If the owner makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the resident, the resident may obtain injunctive relief to prevent the recurrence of the conduct or terminate the rental agreement. In either case, the resident may recover damages and reasonable attorney's fees. History: 1953 Comp., § 70-7-38, enacted by Laws 1975, ch. 38, § 38. 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. — Injunction to prevent tenant in arrears for rent from removing chattels or improvements not constituting fixtures, 53 A.L.R. 294. Right to specific performance, or injunction against breach, of lease or sublease or of contract to make lease as affected by right of complainant to cancel lease before expiration of term for which other party is bound, 117 A.L.R. 256. Injunction in respect of property as covering action for rent or for use or occupation, 155 A.L.R. 844. 52A C.J.S. Landlord and Tenant § 774.
NM Stat § 47-8-40 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-40 - Action for possession by owner.

A. Notwithstanding Subsections A and B of Section 47-8-39 NMSA 1978, an owner may bring an action for possession if: (1) the violation of the applicable minimum building or housing code was caused primarily by lack of reasonable care by the resident or other person in his household or upon the premises with the resident's consent; (2) the resident is in default in rent; (3) there is a material noncompliance with the rental agreement that would otherwise give rise to the owner's right to terminate the rental agreement; (4) a resident knowingly commits or consents to any other person in the dwelling unit or on the premises knowingly committing a substantial violation; or (5) compliance with the applicable building or housing code requires alteration, remodeling or demolition that would effectively deprive the resident of use of the dwelling unit. B. The maintenance of an action under Subsection A of this section does not release the owner from liability under Section 47-8-20 NMSA 1978. History: 1953 Comp., § 70-7-40, enacted by Laws 1975, ch. 38, § 40; 1995, ch. 195, § 19. ANNOTATIONSCompiler's notes. — The reference to Subsections A and B of Section 38 of the Uniform Owner-Resident Relations Act in Subsection A of this section probably should be to Subsections A and B of Section 39 of the Uniform Owner-Resident Relations Act. Cross references. — For unlawful and forcible entry provision, see 47-8-49 NMSA 1978. For inapplicability of general forcible entry or detainer provisions to actions by landlord, see 35-10-2 NMSA 1978. The 1995 amendment, effective July 1, 1995, in Subsection A, inserted Paragraphs (3) and (4), and redesignated former Paragraph (3) as Paragraph (5), 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. — 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. Landlord's permitting third party to occupy premises rent-free as acceptance of tenant's surrender of premises, 18 A.L.R.5th 437. 52A C.J.S. Landlord and Tenant §§ 729 to 751.
NM Stat § 47-8-41 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-41 - Action for possession by owner or resident.

An action for possession of any premises subject to the provisions of the Uniform Owner-Resident Relations Act shall be commenced in the manner prescribed by the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-41, enacted by Laws 1975, ch. 38, § 41. ANNOTATIONSEviction subject to equitable defenses. — A court may find that a qualified indigent tenant of public housing need not be evicted solely because adjudged liable for back rent. Equitable principles may be applied to prevent eviction. City of Albuquerque v. Brooks, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822. 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 § 320.
NM Stat § 47-8-42 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-42 - Petition for restitution.

The person seeking possession shall file a petition for restitution with the clerk of the district or magistrate court. The petition shall contain: A. the facts, with particularity, on which he seeks to recover; B. a reasonably accurate description of the premises; and C. the requisite compliance with the notice provisions of the Uniform Owner-Resident Relations Act. The petition may also contain other causes of action relating to the residency, but such causes of action shall be answered and tried separately, if requested by either party in writing. History: 1953 Comp., § 70-7-42, enacted by Laws 1975, ch. 38, § 42. 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. — Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249. 52A C.J.S. Landlord and Tenant § 762.