N.M. Stat. Ann. § 47-8-20

47-8-20. Obligations of owner.
      A. 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; and

       (6)    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.

    B. 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.

    C. The owner and resident of a single family residence may agree that the resident
perform the owner's duties specified in Paragraphs (5) and (6) of Subsection A of this
section and also specified repairs, maintenance tasks, alterations and remodeling, but
only if the transaction is in writing, for consideration, entered into in good faith and not
for the purpose of evading the obligations of the owner.

    D. The owner and resident of a dwelling unit other than a single family residence
may agree that the resident is to perform specified repairs, maintenance tasks,
alterations or remodeling only if:

      (1)    the agreement of the parties is entered into in good faith and not for the
purpose of evading the obligations of the owner and is set forth in a separate writing
signed by the parties and supported by consideration; and

       (2)    the agreement does not diminish or affect the obligation of the owner to
other residents in the premises.

    E. Notwithstanding any provision of this section, an owner may arrange with a
resident to perform the obligations of the owner. Any such arrangement between the
owner and the resident will not serve to diminish the owner's obligations as set forth in
this section, nor shall the failure of the resident to perform the obligations of the owner
serve as a basis for eviction or in any way be considered a material breach by the
resident of his obligations under the Uniform Owner-Resident Relations Act or the rental
agreement.

    F. In multi-unit housing, if there is separate utility metering for each unit, the
resident shall receive a copy of the utility bill for his unit upon request made to the
owner or his agent. If the unit is submetered, the resident shall then be entitled to
receive a copy of the apartment's utility bill. When utility bills for common areas are
separately apportioned between units and the costs are passed on to the residents of
each unit, each resident may, upon request, receive a copy of all utility bills being
apportioned. The calculations used as the basis for apportioning the cost of utilities for
common areas and submetered apartments shall be made available to any resident
upon request. The portion of the common area cost that would be allocated to an empty
unit if it were occupied shall not be allocated to the remaining residents. It is solely the
owner's responsibility to supply the items and information in this subsection to the
resident upon request. The owner may charge an administrative fee not to exceed five
dollars ($5.00) for each monthly request of the items in this subsection.

   G. The owner shall provide a written rental agreement to each resident prior to the
beginning of occupancy.

History: 1953 Comp., § 70-7-20, enacted by Laws 1975, ch. 38, § 20; 1987, ch. 297, §
1; 1989, ch. 340, § 3; 1999, ch. 91, § 2.