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An issue which makes a property uninhabitable is whether there is a problem with the supply of hot and cold water, or whether there is an issue with drainage and lavatories. Also, if a tenant is unable to prepare food, cook food or wash up after dining, the house may be uninhabitable.
Over 30% of households in New Mexico live in rental properties according to Census ACS data. The state is somewhat landlord-friendly as there are no rent control laws and evictions may take less time than in other states. All US states, including New Mexico, have a statewide Landlord-Tenant law in place.
Tenant Rights to Withhold Rent in New Mexico Tenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater.
Law Access New Mexico. A free telephone legal helpline as well as online information source for low-income New Mexicans with civil legal problems including landlord/tenant issues such as eviction, repairs and security deposit. 1-800-340-9771. Se habla espanol. Hours: a.m. to p.m.
Every New Mexico tenant has the legal right to seek proper and fair housing without any kind of discrimination against them. The New Mexico landlord-tenant law also allows them to request required repairs for the unit (If it needs them).
In New Mexico, a landlord's obligation for providing a habitable living space is primarily governed by NM Stat § 47-8-20. This legal requirement, commonly known as the ?implied warranty of habitability?, also outlines the rights of tenants when repairs are not made in a timely manner.
Landlords in New Mexico are required to provide a safe and habitable living space and make requested repairs in a reasonable amount of time (7 days).
Situations that may be held to affect a tenant's health can include lead paint, mold, unsanitary conditions, improper ventilation, a gas or sewage leak, pest infestations and bacteria causing illness such as Legionnaire's Disease.