| Legal Reasons for Entry |
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| Notice Requirement |
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| Penalties for Illegal Entry |
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Does a Landlord Have the Right To Enter a Rental Property in New Mexico?
New Mexico landlords have the right to enter a rental property for the following reasons:
- Inspecting the property.
- Maintenance and repairs, including improvements to the property.
- Showing the property to potential renters and buyers.
- For other reasonably necessary purposes, when the renter has been gone from the property more than seven days.
- Emergencies.
Can a Landlord Enter Without Permission in New Mexico?
New Mexico landlords can legally enter a rental property without the tenant’s permission in the following situations:
- Performing repairs the tenant has requested, within seven days of the request.
- When accompanied by a government inspector or a utility company employee.
- When the renter has been gone more than seven days.
- Emergencies.
Can a Landlord Enter Without the Tenant Present in New Mexico?
New Mexico landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in New Mexico?
New Mexico landlords can show an occupied house. The renter can’t unreasonably refuse.
How Often Can Landlords Conduct Routine Inspections in New Mexico?
New Mexico landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in New Mexico?
New Mexico landlords have to provide at least 24 hours of written advance notice before entering rental property, except in the following situations:
- Performing repairs the tenant has requested, within seven days of the request.
- When accompanied by a government inspector or a utility company employee.
- When the renter has been gone more than seven days.
- Emergencies.
Can a Landlord Enter Without Notice in New Mexico?
New Mexico landlords can’t enter without proper advance notice, except in the following situations:
- Performing repairs the tenant has requested, within seven days of the request.
- When accompanied by a government inspector or a utility company employee.
- When the renter has been gone more than seven days.
- Emergencies.
How Can Landlords Notify Tenants of an Intention To Enter in New Mexico?
New Mexico landlords must notify tenants in writing about an intention to enter, at least 24 hours in advance. The notice has to specify the reason for entry as well as the approximate time.
Can a Tenant Refuse Entry to a Landlord in New Mexico?
New Mexico tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can refuse entries for other legally allowed purposes when time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM).
In addition, if a landlord proposes a time for entry that isn’t convenient to the tenant, the tenant can suggest an alternative time for entry. The landlord has to accommodate the tenant if the request is practical, or won’t result in economic harm to the landlord.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in New Mexico?
New Mexico landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Can a Tenant Change the Locks Without Permission in New Mexico?
New Mexico tenants can change locks without permission if the lease doesn’t say otherwise. Note that the landlord still has a right to enter for specific reasons, so it’s reasonable for tenants to provide copies of current keys.
What Can a Tenant Do If the Landlord Enters Illegally in New Mexico?
New Mexico tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from entering.
- Cancel the rental agreement.
- Recover cost of any actual damages through a lawsuit.
Sources
- 1 N.M. Stat. Ann. § 47-8-24(A)(1) (2022)
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“The resident shall, in accordance with provisions of the rental agreement and notice provisions as provided in this section, consent to the owner to enter into the dwelling unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective residents, workmen or contractors; provided that: unless otherwise agreed upon by the owner and resident, the owner may enter the resident’s dwelling unit pursuant to this subsection only after giving the resident twenty-four hours written notification of his intent to enter, the purpose for entry and the date and reasonable estimate of the time frame of the entry.”
Source Link - 2 N.M. Stat. Ann. § 47-8-24(B), (C), & (D) (2022)
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“B. The owner may enter the dwelling unit without consent of the resident in case of an emergency.
“C. The owner shall not abuse the right of access.
“D. The owner has no other right of access except by court order, as permitted by this section if the resident has abandoned or surrendered the premises or if the resident has been absent from the premises more than seven days, as permitted in Section 47-8-34 NMSA 1978 [entering as reasonably necessary after absences in excess of seven days].”
Source Link - 3 N.M. Stat. Ann. § 47-8-24(A)(3) (2022)
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“This subsection is not applicable to entry by the owner to perform repairs or services within seven days of a request by the resident or when the owner is accompanied by a public official conducting an inspection or a cable television, electric, gas or telephone company representative.”
Source Link - 4 N.M. Stat. Ann. § 47-8-24(A)(3) (2022)
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“Where the resident gives reasonable prior notice and alternate times or dates for entry and it is practicable or will not result in economic detriment to the owner, then the owner shall attempt to reasonably accommodate the alternate time of entry.”
Source Link - 5 N.M. Stat. Ann. § 47-8-24(E) & (F) (2022)
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“E. 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.
“F. If the owner makes an unlawful entry, or a lawful entry in an unreasonable manner, or makes repeated demands for entry that are otherwise lawful but that have the effect of unreasonably interfering with the resident’s quiet enjoyment of the dwelling unit, 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.”
Source Link
