N.M. Stat. Ann. § 48-3-5
Landlords' liens.
Operative Text
48-3-5. Landlords' liens.
A. Landlords have a lien on the property of their tenants that remains in or about the
premises rented, for the rent due by the terms of any lease or other agreement in
writing, and the property shall not be removed from the premises without the consent of
the landlord until the rent is paid or secured. A lien does not attach if the premises
rented is a dwelling unit.
B. For purposes of this section, "dwelling unit" means a structure, mobile home and
a leased parcel of land upon which it is located, or a part of a structure that is used as a
home, residence or sleeping place by one person who maintains a household or by two
or more persons who maintain a common household.
History: Laws 1851-1852, p. 243; C.L. 1865, ch. 77(2d), § 14; C.L. 1884, § 1537; C.L.
1897, § 2234; Code 1915, § 3334; Laws 1917, ch. 65, § 1 (3336); 1923, ch. 24, § 1
(3336); C.S. 1929, § 82-404; 1941 Comp., § 63-304; 1953 Comp., § 61-3-4; Laws 1995,
ch. 195, § 25; 1997, ch. 39, § 4.Under NMSA 48-3-5, New Mexico law grants landlords a lien on a tenant's personal property located on rented premises when rent is owed under a written lease or agreement, meaning that property generally cannot be removed without the landlord's consent until the rent is paid or secured. However, this lien right has a significant carve-out: it does not apply when the rented space is a dwelling unit, which the statute defines broadly to include houses, apartments, mobile homes on leased land, and any structure used as a home or sleeping place by one or more persons maintaining a household. In practical terms, residential tenants' belongings are shielded from this lien mechanism entirely.
Plain English — not legal advice.
Operators of commercial or non-residential rental properties should be aware that NMSA 48-3-5 may provide a lien right over tenant property remaining on the premises when rent is unpaid under a written agreement, and that tenant property generally may not be removed without the landlord's consent until the debt is resolved. Critically, compliant operators recognize that this lien does not attach at all for dwelling units as defined in Section 48-3-5(B), meaning residential landlords do not rely on this statute as a tool for securing unpaid rent. Landlords who manage a mix of commercial and residential spaces typically maintain clear records distinguishing the nature of each tenancy to understand which statutory rights apply.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 48-3-5 explicitly excludes dwelling units from the landlord's lien right, meaning that if a tenant's rented space qualifies as a dwelling unit under the statute's definition — a home, apartment, mobile home on leased land, or similar residential space — a landlord cannot assert this particular lien over the tenant's personal property. Tenants who believe a landlord is improperly attempting to hold or restrict their belongings under a lien claim in a residential setting may have grounds to raise the dwelling-unit exclusion of Section 48-3-5 as a defense. General enforcement paths can include consulting a local tenant-rights organization or seeking guidance from a legal aid office familiar with New Mexico housing law.
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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