N.M. Stat. Ann. § 47-8-38
Injunctive relief.
Operative Text
47-8-38. Injunctive relief.
A. If the resident refuses to allow lawful access, the owner may obtain injunctive
relief to compel access or terminate the rental agreement. In either case, the owner may
recover damages, reasonable attorney's fees and court costs.
B. If the owner makes an unlawful entry or a lawful entry in an unreasonable
manner or makes repeated demands for entry otherwise lawful but which have the
effect of unreasonably harassing the resident, the resident may obtain injunctive relief to
prevent the recurrence of the conduct or terminate the rental agreement. In either case,
the resident may recover damages and reasonable attorney's fees.
History: 1953 Comp., § 70-7-38, enacted by Laws 1975, ch. 38, § 38.Under NMSA 47-8-38, both property owners and residents have access to court-ordered injunctive relief when disputes arise over entry to a rental unit. If a resident blocks lawful access, an owner may seek a court order compelling entry or may terminate the rental agreement, and can recover damages, attorney's fees, and court costs. Conversely, if an owner enters unlawfully, enters in an unreasonable manner, or repeatedly demands entry in a way that amounts to harassment, the resident may seek a court order stopping that conduct or may terminate the rental agreement, and can recover damages and attorney's fees.
Plain English — not legal advice.
Section 47-8-38 of the Uniform Owner-Resident Relations Act establishes that owners who need access to a unit—and are being refused—have a legal pathway to compel that access through the courts. Compliant operators generally document access requests, follow the notice requirements set out elsewhere in NMSA 47-8, and keep records of any refusals before pursuing relief. Owners who prevail in an action under this section may recover damages, reasonable attorney's fees, and court costs.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-38 gives residents a legal remedy when an owner enters without authorization, enters in an unreasonable manner, or makes repeated entry demands that rise to the level of harassment. Residents in this situation may seek a court injunction to stop the conduct or may choose to terminate the rental agreement, and in either case may be entitled to recover damages and reasonable attorney's fees. Tenants who believe their rights under this section have been violated can document incidents, contact a local tenant-rights organization, or consult an attorney to understand the options 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.
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