New Mexico Landlord Retaliation Laws

New Mexico Landlord Retaliation Laws

Last Updated: June 5, 2023

Tenant Protected Actions
  • Health/Safety Complaints to Gov’t or Landlord
  • Participating in a Tenant Organization
  • Enforcing Lawful Rights
  • Involvement in Lawsuit vs. Landlord
  • Properly Abating Rent
Landlord Retaliatory Actions
  • Raising Rent
  • Decreasing Services
  • Filing/Threatening Eviction or Lawsuit
Penalties for Retaliation
  • End Lease
  • Repossess Property
  • Sue for Damages

When Is It Illegal for Landlords to Retaliate in New Mexico?

It’s illegal for New Mexico landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken one of the following protected actions in the past six months:

  • Complaining to the landlord or the government about failure to maintain the property.
  • Participating in a tenant organization.
  • Pursuing rights or remedies given by New Mexico’s landlord-tenant law.
  • Being involved in a lawsuit against the landlord that relates to the rental property.
  • Abating (withholding) some or all of the rent according to the proper legal procedure.

The law allows an exception when the landlord can prove a non-retaliatory, good-faith reason for the alleged retaliatory action. For example, a landlord who raises rent proportionately in response to a large increase in property tax is not retaliating, even if a tenant has recently complained about maintenance.

What Can Tenants Do in Response in New Mexico?

New Mexico tenants can respond to landlord retaliation by suing for quiet enjoyment of the property. The tenant can also recover a civil penalty equal to two months’ rent, plus court costs and attorney fees.