N.M. Stat. Ann. § 47-8-35
Claim for rent and damages.
Operative Text
47-8-35. Claim for rent and damages. If the rental agreement is terminated, the owner is entitled to possession and may have a claim for rent and a separate claim for damages for breach of the rental agreement and reasonable attorney's fees as provided in Subsection C of Section 33 [47-8-33 NMSA 1978] of the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-35, enacted by Laws 1975, ch. 38, § 35.
Under NMSA 47-8-35 of New Mexico's Uniform Owner-Resident Relations Act, when a rental agreement is terminated, the owner retains the right to reclaim possession of the property and may pursue two distinct legal claims: one for any unpaid rent owed and a separate one for damages resulting from the breach of the rental agreement. The provision also allows the owner to seek reasonable attorney's fees, as outlined in Section 47-8-33(C) of the same Act. These claims can be pursued independently of one another, meaning the termination of the tenancy does not extinguish the financial obligations that arose during it.
Plain English — not legal advice.
Under NMSA 47-8-35, compliant property owners who have terminated a rental agreement generally document all unpaid rent and any damages attributable to the resident's breach separately, since the law treats these as distinct claims. Operators familiar with this provision also ensure they understand the attorney's fees framework referenced in Section 47-8-33(C), as reasonable fees may be recoverable when pursuing such claims. Maintaining thorough records of the tenancy, including move-in and move-out condition reports and payment histories, supports the ability to substantiate both types of claims if pursued in court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-35 establishes that after a rental agreement ends, a former resident may face separate legal claims from the owner — one for rent and another for alleged breach-related damages — in addition to a potential claim for attorney's fees under Section 47-8-33(C). Tenants who receive notice of such claims generally have the right to respond and present defenses, including challenging whether the claimed damages are legitimate or whether proper procedures were followed. Consulting a tenant-rights organization or legal aid service familiar with New Mexico's Uniform Owner-Resident Relations Act can help residents understand what defenses or counterclaims may be available to them.
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