N.M. Stat. Ann. § 47-8-22
Obligations of resident.
Operative Text
47-8-22. Obligations of resident.
The resident shall:
A. comply with obligations imposed upon residents by applicable minimum
standards of housing codes materially affecting health or safety;
B. 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;
C. dispose from his dwelling unit all ashes, rubbish, garbage and other waste in a
clean and safe manner;
D. keep all plumbing fixtures in the dwelling unit or used by the resident as clean as
their condition permits;
E. 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;
F. not deliberately or negligently destroy, deface, damage, impair or remove any
part of the premises or knowingly permit any person to do so;
G. conduct himself and require other persons on the premises with his consent to
conduct themselves in a manner that will not disturb his neighbors' peaceful enjoyment
of the premises;
H. abide by all bylaws, covenants, rules or regulations of any applicable
condominium regime, cooperative housing agreement or neighborhood association not
inconsistent with owner's rights or duties; and
I. not knowingly commit or consent to any other person knowingly committing a
substantial violation.
History: 1953 Comp., § 70-7-22, enacted by Laws 1975, ch. 38, § 22; 1995, ch. 195, §
8.Under NMSA 47-8-22, residents of rental dwellings in New Mexico carry a defined set of responsibilities toward the property they occupy. The law requires residents to maintain cleanliness and safety in their unit, properly dispose of waste, avoid damaging the premises, and behave in ways that do not disturb neighbors. Residents must also follow applicable housing codes, use facilities reasonably, and comply with any relevant condominium, cooperative, or neighborhood association rules. Upon moving out, the unit must be returned in substantially the same condition as when residency began, with allowance for ordinary wear and tear.
Plain English — not legal advice.
Property owners and managers operating under NMSA 47-8-22 generally document the condition of a unit at move-in and move-out to establish a baseline against which resident obligations can be measured. Compliant operators typically include references to Section 47-8-22 in lease agreements so residents are on notice of their statutory duties regarding cleanliness, waste disposal, facility use, and neighbor relations. Maintaining records of any reported damage, disturbances, or lease violations helps owners demonstrate whether a resident has met or fallen short of the obligations this provision establishes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-22 sets out the responsibilities New Mexico tenants are expected to meet, including keeping the unit clean and safe, disposing of waste properly, avoiding damage to the premises, and not disturbing neighbors. Understanding these obligations can be important if a landlord raises an alleged violation as grounds for a lease action, since the scope and limits of each duty—such as the exclusion of ordinary wear and tear—are defined by the statute itself. Tenants who have questions about whether a landlord's claims align with what Section 47-8-22 actually requires may find it useful to consult a local tenant-rights organization or legal aid office for general information.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation