Most places, including New Mexico, make a landlord responsible for the “habitability” of rental property. This means rental properties must be kept in proper condition to use for their intended purpose. Habitability is an important right for renters, but can be complicated because of details and differences in habitability requirements.
New Mexico Implied Warranty of Habitability
In New Mexico, the implied warranty of habitability means that a landlord must provide and maintain safe and habitable rental property. “Implied” means the requirement applies whether or not the lease agreement specifically says so and even if the lease tries to waive the obligation.
Examples of clear habitability violations include:
- Exposed electrical wiring.
- A pipe leaking human waste.
- A broken front doorknob that won’t lock.
However, the implied warranty of habitability does not guarantee that anything at the property will be pretty, clean, new or issue-free, so it doesn’t cover things like stained carpet or dents in a wall. It only guarantees basic health and safety.
Landlord Responsibilities in New Mexico
Note: Check local city/county laws and ordinances for additional requirements. New Mexico law specifies that local housing codes take priority over the standards described in this article.
| Item | Has To Provide? | Has To Fix / Replace? |
| Air Conditioning / Heating | Only Heating | Only Heating |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Washer & Dryer | No | Only If Provided |
| Smoke/CO Detectors | Yes | Yes |
| Window Coverings | No | No |
| Light Fixtures | No | Only If Provided |
| Landscaping | No | No |
| Garbage Removal | Yes | Yes |
| Garbage Pickup | Yes | Yes |
| Mold | N/A | Yes |
| Pest Control | No | N/A |
| Pest Infestations | N/A | Yes |
| Water Leaks | N/A | Not Usually |
| Clogs | N/A | Not Usually |
Landlord Responsibilities for Heating & Air Conditioning in New Mexico
New Mexico landlords must provide heating during winter for rental properties. They don’t have to provide air conditioning, but do have to maintain it if provided.
Are Landlords Required to Provide Air Filter Replacements in New Mexico?
New Mexico landlords don’t have to replace things like air filters, unless required heating equipment won’t work otherwise.
Landlord Responsibilities for Plumbing in New Mexico
New Mexico landlords must keep plumbing in reasonable working condition, although the renter is usually equally responsible for using the plumbing in a reasonable and sanitary way that doesn’t cause damage.
Are Landlords Required To Provide Hot Water in New Mexico?
New Mexico landlords must provide and maintain running heated water for rental properties.
Are Landlords Responsible for Fixing Clogged Drains & Toilets in New Mexico?
New Mexico landlords must fix clogs that keep the plumbing from being in reasonable working condition.
Are Landlords in New Mexico Responsible for Fixing Leaks?
New Mexico landlords must fix leaks that keep the plumbing from being in reasonable working condition.
Landlord Responsibilities for Kitchen Appliances in New Mexico
New Mexico landlords don’t have to provide kitchen appliances such as a dishwasher, stove, oven, microwave, or refrigerator. However, if provided, the landlord must maintain such appliances in good working order.
Landlord Responsibilities for Electrical Issues in New Mexico
New Mexico landlords are responsible for making sure there are no electrical issues that endanger basic safety or habitability on the rental property.
Are Landlords Responsible for Replacing Light Bulbs in New Mexico?
New Mexico landlords are not responsible for replacing light bulbs or particular light fixtures, except as necessary to keep provided appliances in good working order.
Landlord Responsibilities for Garbage Removal in New Mexico
New Mexico landlords must provide and maintain outside garbage containers and garbage removal services.
Landlord Responsibilities for Landscaping in New Mexico
New Mexico landlords have no specific obligation to provide landscaping or maintain it with actions like cutting grass. They only have to deal with issues like fallen trees if they interfere with the cleanliness of common areas, violate local codes, or create a hazard to health and safety.
Landlord Responsibilities Regarding Mold in New Mexico
New Mexico landlords are responsible for most mold issues. While there’s no state requirement for testing, landlords must investigate and fix mold problems since they threaten health and safety. If the renter created the mold issue, the landlord can make the renter fix it, or pay for repairs.
Landlord Responsibilities Regarding Pests in New Mexico
New Mexico landlords are responsible for fixing pest issues the renter didn’t cause, including rats, roaches, mice, bed bugs, and ants.
Landlord Responsibilities for Windows & Window Coverings in New Mexico
New Mexico landlords have no specific responsibility regarding windows and window coverings, except what’s required for basic health and safety. The landlord has to repair broken windows the renter didn’t break, since this is a safety issue.
Landlord Responsibilities Regarding Safety Devices in New Mexico
New Mexico landlords are responsible for providing and maintaining required smoke alarms and carbon monoxide (CO) detectors.
Are Landlords Responsible for Replacing Batteries of Safety Devices in New Mexico?
New Mexico landlords are responsible for replacing safety device batteries, since safety devices are required for basic habitability and are also appliances supplied by the landlord.
Landlord Responsibilities for Washers and Dryers in New Mexico
New Mexico landlords are not required to furnish their rental properties with a working washer and dryer. However, if such appliances are provided, it’s the landlord’s duty to maintain them.
Renter’s Rights for Repairs in New Mexico
New Mexico renters have the right to repairs for issues that affect health and safety, unless they caused the issue themselves. To exercise their right, the renter must start by notifying the landlord of the issue in writing. The landlord gets seven days after notice to fix the issue.
If the issue isn’t fixed within the legally required time, the renter can end the rental agreement or abate (partially withhold) rent. In either case, the renter can also ask a court to order repairs or compensation.
Sources
- 1 TWIW Inc. v. Rudy, 96 N.M. 354, 355 (1981)
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“This Court held in Barham v. Baca, 80 N.M. 502, 458 P.2d 228 (1969), that there is no [judicial] implied warranty of habitability in New Mexico. However, the Legislature enacted the [statutory] Uniform Owner-Resident Relations Act.”
Source Link - 2 N.M. Stat. Ann. § 47-8-20(A)(1) - (A)(5) (2022)
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“The owner shall: (1) substantially comply with requirements of the applicable minimum housing codes materially affecting health and safety;
“(2) make repairs and do whatever is necessary to put and keep the premises in a safe condition as provided by applicable law and rules and regulations as provided in Section 47-8-23 NMSA 1978;
“(3) keep common areas of the premises in a safe condition;
“(4) maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, if any, supplied or required to be supplied by him;
“(5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle.”
Source Link - 3 N.M. Stat. Ann. § 47-8-20(A)(6) (2022)
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“The owner shall supply running water and a reasonable amount of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the resident and supplied by a direct public utility connection.”
Source Link - 4 N.M. Stat. Ann. § 47-8-20(B) (2022)
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“If there exists a minimum housing code applicable to the premises, the owner’s maximum duty under this section shall be determined by Paragraph (1) of Subsection A of this section. The obligations imposed by this section are not intended to change existing tort law in the state.”
Source Link - 5 N.M. Stat. Ann. § 47-8-22(B)-(F), & (I) (2022)
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“The resident shall 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; dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a clean and safe manner; keep all plumbing fixtures in the dwelling unit or used by the resident as clean as their condition permits; 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; not deliberately or negligently destroy, deface, damage, impair or remove any part of the premises or knowingly permit any person to do so;… [and] not knowingly commit or consent to any other person knowingly committing a substantial violation.”
Source Link - 6 2015 N.M. Comm’l Building Code § 907.2.11.2 (2015)
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“Single-or multiple-station smoke alarms shall be installed and maintained… On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. In each room used for sleeping purposes. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.”
Source Link - 7 2009 Int’l Resid. Code §§ R315.1 & 2 (2009)
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New Mexico incorporates the 2009 International Residential Code, with amendments. “For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1.
Source Link - 8 N.M. Stat. Ann. § 47-8-27.1(A)(1) (2022)
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“Upon the failure of the owner to perform his obligations as required by Section 47-8-20 NMSA 1978 [landlord’s responsibilities for habitability], the resident shall give written notice to the owner specifying the breach and if there is a material noncompliance by the owner with the rental agreement or a noncompliance with the Uniform Owner-Resident Relations Act materially affecting health and safety, the resident shall deliver a written notice to the owner specifying the acts and omissions constituting the breach. The notice shall state that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if a reasonable attempt to remedy the breach is not made in seven days, and the rental agreement shall terminate as provided in the notice. If the owner makes a reasonable attempt to adequately remedy the breach prior to the date specified in the notice, the rental agreement shall not terminate. If the rental agreement is terminated by the resident and possession restored to the owner, the owner shall return the balance, if any, of prepaid rent and deposit to which the resident is entitled pursuant to the rental agreement or Section 47-8-18 NMSA 1978.”
Source Link - 9 N.M. Stat. Ann. § 47-8-27.2(A) (2022)
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“If there is a violation of Subsection A of Section 47-8-20 NMSA 1978 [landlord’s responsibilities for habitability], 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.”
Source Link - 10 N.M. Stat. Ann. § 47-8-27.1(C) (2022)
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“The resident may also recover damages and obtain injunctive relief for any material noncompliance by the owner with the rental agreement or the provisions of Section 47-8-20 NMSA 1978 [landlord’s responsibilities for habitability]. The remedy provided in this subsection is in addition to any right of the resident arising under Subsection A of this section.”
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