N.M. Stat. Ann. § 47-8-31
Resident rights following fire or casualty.
Operative Text
47-8-31. Resident rights following fire or casualty.
A. If the dwelling unit or premises are damaged or destroyed by fire or casualty to
an extent that enjoyment of the dwelling unit is substantially impaired, the resident may:
(1) vacate the premises and notify the owner in writing within seven days
thereafter of his intention to terminate the rental agreement, in which case the rental
agreement terminates as of the date of vacating; or
(2) if continued occupancy is lawful, vacate any part of the dwelling unit
rendered unusable by the fire or casualty, in which case the resident's liability for rent is
reduced in proportion to the diminution in the fair rental value of the dwelling unit.
B. If the rental agreement is terminated, the owner shall return the balance, if any,
[of] prepaid rent and deposits recoverable under Section 18 [47-8-18 NMSA 1978] of
the Uniform Owner-Resident Relations Act. Accounting for rent, in the event of
termination or apportionment, is to occur as of the date of the vacation. Notwithstanding
the provisions of this section, the resident is responsible for damage caused by his
negligence.
History: 1953 Comp., § 70-7-31, enacted by Laws 1975, ch. 38, § 31.Under NMSA 47-8-31, when a dwelling unit is damaged or destroyed by fire or other casualty to the point that the resident's enjoyment of it is substantially impaired, the law provides two paths forward. The resident may vacate entirely and terminate the rental agreement by notifying the owner in writing within seven days, ending rent obligations as of the date of vacating. Alternatively, if continued occupancy remains lawful, the resident may stay in the usable portion of the unit and have their rent reduced proportionally to reflect the diminished rental value — though any damage the resident caused through their own negligence remains their financial responsibility.
Plain English — not legal advice.
Under NMSA 47-8-31, compliant property owners are prepared to act quickly after a fire or casualty event by assessing the extent of damage and its impact on habitability. When a resident vacates and provides written notice of termination within seven days, operators promptly return any balance of prepaid rent and recoverable deposits as required by § 47-8-18, accounting for rent as of the date the resident vacated. When partial occupancy continues lawfully, owners adjust the rent to reflect the proportional reduction in fair rental value of the affected unit, and they document any damage attributable to resident negligence separately.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-31 gives residents meaningful options when fire or casualty substantially impairs their ability to enjoy their home. If you vacate, providing written notice to your owner within seven days allows you to terminate the rental agreement and stops rent obligations as of the date you left, with prepaid rent and eligible deposits to be returned under § 47-8-18. If partial occupancy is still lawful, you may remain in the usable portion of the unit and seek a proportional rent reduction; tenant-rights organizations in New Mexico can help you understand how this provision applies and what documentation to gather.
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