N.M. Stat. Ann. § 47-8-23
Application of rules or regulations.
Operative Text
47-8-23. Application of rules or regulations.
An owner, from time to time, may adopt rules or regulations, however described,
concerning the resident's use and occupancy of the premises. They are enforceable as
provided in Section 47-8-33 NMSA 1978 against the resident only if:
A. their purpose is to promote the appearance, convenience, safety or welfare of the
residents in the premises, preserve the owner's property from abusive use or make a
fair distribution of services and facilities held out for the residents generally;
B. they are reasonably related to the purpose for which they are adopted;
C. they apply to all residents in the premises in a fair manner;
D. they are sufficiently explicit in their prohibition, direction or limitation of the
resident's conduct to fairly inform him of what he must or must not do to comply;
E. they are not for the purpose of evading the obligations of the owner; and
F. the resident is presented with copies of existing rules and regulations at the time
he enters into the rental agreement and is presented notice of amendments to the rules
and regulations and rules and regulations adopted subsequent to the time he enters into
the rental agreement. A rule or regulation adopted after the resident enters into the
rental agreement is enforceable against the resident if reasonable notice of its adoption
is given to the resident and it does not work a substantial modification of his bargain.
History: 1953 Comp., § 70-7-23, enacted by Laws 1975, ch. 38, § 23; 1995, ch. 195, §
9.Under NMSA 47-8-23, a property owner may establish rules and regulations governing how residents use and occupy a rental unit, but those rules carry legal force only when they meet a specific set of conditions. The rules must serve a legitimate purpose — such as safety, property preservation, or fair distribution of shared services — apply fairly to all residents, and be clear enough that residents can understand what is required of them. Rules adopted after a lease is signed can only be enforced if the resident receives reasonable notice and the new rule does not substantially change the terms of the original rental agreement.
Plain English — not legal advice.
Under NMSA 47-8-23, compliant property operators generally ensure that any rules or regulations they adopt are tied to a legitimate purpose such as resident safety, property upkeep, or equitable access to shared amenities. Operators typically provide copies of all existing rules to incoming residents at the time the rental agreement is signed, and deliver clear written notice whenever rules are amended or new ones are introduced after move-in. Rules that substantially alter the nature of the original rental bargain are generally not enforceable against existing residents under this section, so operators tend to review proposed changes carefully before implementation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-23 sets out the conditions under which a landlord's rules and regulations are actually enforceable against you as a resident. If a rule was not provided to you at the time you signed your rental agreement, was added later without reasonable notice, or works a substantial change to your original deal, it may not be enforceable under this provision. Residents who believe a rule fails to meet the criteria in Section 47-8-23 — such as being applied unfairly or lacking a legitimate purpose — may be able to raise that as a defense in any enforcement action, and tenant-rights organizations in New Mexico can help explain what options are generally available.
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 In
Rules and statutes that cite this regulation