N.M. Stat. Ann. § 47-8-48
Prevailing party rights in lawsuit; private enforcement.
Operative Text
47-8-48. Prevailing party rights in lawsuit; private enforcement. A. If suit is brought by an applicant or any party to the rental agreement to enforce the terms and conditions of the rental agreement or to enforce any provisions of the Uniform Owner-Resident Relations Act, the prevailing party shall be entitled to reasonable attorneys' fees and court costs to be assessed by the court. B. An owner who charges an unauthorized screening fee shall be liable for two hundred fifty dollars ($250) and shall return all fees paid by the applicant. C. An owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall be liable for two times the amount of the monthly rent. D. A resident who intentionally violates a provision of Subsection F of Section 47-8- 22 NMSA 1978 shall be liable for two times the amount of the monthly rent. History: 1953 Comp., § 70-7-48, enacted by Laws 1975, ch. 38, § 48; 1995, ch. 195, § 23; 2025, ch. 122, § 7.
Section 47-8-48 of New Mexico's Uniform Owner-Resident Relations Act establishes who bears legal costs and what financial penalties apply when disputes go to court. The party that wins a lawsuit to enforce a rental agreement or the Act is entitled to have the court award reasonable attorneys' fees and court costs. Separately, owners who charge unauthorized screening fees face a $250 penalty plus must return all fees collected, owners who violate certain security deposit or utility provisions (Sections 47-8-36 or 47-8-39) face a penalty of twice the monthly rent, and residents who intentionally violate specific property-damage or conduct rules (Subsection F of Section 47-8-22) also face a penalty of twice the monthly rent.
Plain English — not legal advice.
Under NMSA § 47-8-48, property owners and managers who prevail in enforcement litigation may recover reasonable attorneys' fees and court costs, but the same exposure applies in reverse if the owner loses. Compliant operators generally ensure that any applicant screening fees charged are explicitly authorized under the Act, and that practices around security deposits and utilities conform to Sections 47-8-36 and 47-8-39, since violations of those sections carry a statutory penalty equal to twice the monthly rent. Keeping clear documentation of all fees collected and returned, and of compliance with deposit and utility rules, supports a defensible record if litigation arises.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-48 gives tenants and applicants a meaningful financial incentive to pursue enforcement actions under the Uniform Owner-Resident Relations Act, because a prevailing tenant may be awarded reasonable attorneys' fees and court costs by the court. If an owner charged an unauthorized screening fee, the statute provides for a $250 penalty plus a full refund of fees paid; if an owner violated the security deposit or utility provisions of Sections 47-8-36 or 47-8-39, the potential recovery is twice the monthly rent. Tenants who believe these provisions have been violated may consider consulting a tenant-rights organization or legal aid office to understand the enforcement paths available to them under § 47-8-48.
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