N.M. Stat. Ann. § 47-8-27.1
Breach of agreement by owner and relief by resident.
Operative Text
47-8-27.1. Breach of agreement by owner and relief by resident.
A. Upon the failure of the owner to perform his obligations as required by Section
47-8-20 NMSA 1978, the resident shall give written notice to the owner specifying the
breach and:
(1) 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; or
(2) the resident may be entitled to abatement of the rent as provided in
Section 47-8-27.2 NMSA 1978.
B. The rights provided under this section do not arise if the condition was caused by
the deliberate or negligent act or omission of the resident, a member of his family or
other person on the premises with his consent. If the noncompliance with the rental
agreement or with Section 47-8-20 NMSA 1978 results solely from circumstances
beyond the owner's control, the resident is entitled only to those remedies set forth in
Paragraph (1) or (2) of this subsection and is not entitled to an action for damages or
injunctive relief against the owner.
C. 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. The remedy provided in this subsection is in addition to
any right of the resident arising under Subsection A of this section.
D. If the resident proceeds under Paragraph (1) of Subsection A of this section, he
shall not proceed under Paragraph (2) of Subsection A of this section in the same rental
period for the same violation. If the resident proceeds under Paragraph (2) of
Subsection A of this section, he shall not proceed under Paragraph (1) of Subsection A
of this section in the same rental period for the same violation. A resident may,
however, proceed under another paragraph of Subsection A of this section for a
subsequent violation or the same violation that occurs in subsequent rental periods.
E. When the last day for remedying any breach pursuant to the written notice
required under the Uniform Owner-Resident Relations Act occurs on a weekend or
federal holiday, the period to remedy shall be extended until the next day that is not a
weekend or federal holiday.
History: 1978 Comp., § 47-8-27.1, enacted by Laws 1995, ch. 195, § 11.Under NMSA § 47-8-27.1, when a property owner fails to meet the obligations set out in Section 47-8-20, a resident has structured remedies available. The resident must first deliver written notice identifying the specific breach, giving the owner at least seven days to make a reasonable attempt to remedy it before the rental agreement can be terminated. Separately, the resident may pursue rent abatement under Section 47-8-27.2, recover damages, or seek injunctive relief for material noncompliance — though these remedies cannot all be pursued simultaneously for the same violation in the same rental period. These rights do not apply when the condition was caused by the resident, a household member, or a guest.
Plain English — not legal advice.
Under NMSA § 47-8-27.1, compliant property owners treat a written breach notice from a resident as a formal trigger requiring prompt attention. Upon receiving such a notice, operators generally document their response and make a reasonable, good-faith attempt to remedy the identified condition within the seven-day window specified in the notice. Addressing the breach adequately before the stated termination date is what prevents the rental agreement from terminating under this provision, and owners who act promptly also reduce exposure to damage claims and injunctive relief under Subsection C.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 47-8-27.1 gives residents a set of remedies when an owner fails to meet their legal obligations, including the right to terminate the rental agreement, pursue rent abatement, recover damages, or seek injunctive relief. To activate these rights, a resident must deliver written notice to the owner that clearly describes the breach and states a termination date no fewer than seven days after the owner receives it. Tenants who believe their owner has not complied may find it helpful to contact a local tenant-rights organization or consult with a housing attorney to understand which remedy path — termination under Subsection A(1), abatement under A(2), or damages under Subsection C — may be available given their circumstances.
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
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