N.M. Stat. Ann. § 47-8-36.1

Landlord lien.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoRent Collection

Operative Text

N.M. Stat. Ann. § 47-8-36.1
47-8-36.1. Landlord lien.
   A. There shall be no landlord's lien arising out of the rental of a dwelling unit to
which the Uniform Owner-Resident [Relations] Act applies.

   B. Nothing in this section shall prohibit the owner from levy and execution on a
judgment arising out of a claim for rent or damages.

History: 1978 Comp., § 47-8-36.1, enacted by Laws 1995, ch. 195, § 17.
Source: Legislative text reproduced verbatim
Plain English

Under NMSA 47-8-36.1, no automatic lien in favor of a landlord can arise simply from the act of renting a dwelling unit covered by New Mexico's Uniform Owner-Resident Relations Act. This means a landlord cannot claim a possessory or statutory lien over a tenant's personal property as a matter of course. However, the provision does not prevent a landlord who has obtained a court judgment for unpaid rent or damages from pursuing levy and execution to collect on that judgment through normal legal processes.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to NMSA 47-8-36.1 should be aware that the Uniform Owner-Resident Relations Act eliminates any automatic lien right over a resident's belongings that might otherwise arise from the rental relationship. Compliant operators do not attempt to seize, hold, or assert a lien over tenant property as a self-help remedy for unpaid rent or damages. If a monetary dispute escalates, the recognized path under Section 47-8-36.1 is to pursue a court judgment and then use lawful levy and execution procedures to collect.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

NMSA 47-8-36.1 protects residents covered by the Uniform Owner-Resident Relations Act from having a landlord assert an automatic lien over their personal property simply because rent or damages are owed. If a landlord attempts to hold, seize, or claim a lien on belongings outside of a court-ordered process, that action is not authorized under this section. Tenants who believe a landlord is improperly asserting such a lien may consider documenting the situation, contacting a tenant-rights organization in New Mexico, or consulting with an attorney familiar with Section 47-8-36.1.

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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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.M. Stat. Ann. § 47-8-3
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-27.2
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-32
N.M. Stat. Ann. § 47-8-42
N.M. Stat. Ann. § 47-8-15
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-43
N.M. Stat. Ann. § 47-8-49
N.M. Stat. Ann. §§ 47-8-1–47-8-51
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-4
N.M. Stat. Ann. § 47-8-3

Related Rules

§ 229
Liability of tenant holding over after giving notice of intention to quit
§ 220
Action for use and occupation
§ 221
Rent due on life leases recoverable

Source Information

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