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New Mexico is a somewhat landlord-friendly state. New Mexico has no limits for what landlords may charge for rent and may file for eviction sooner than in other states.
Withholding rent You may wish to withhold rent to try to force your landlord to take action about something, such as repairs. If your landlord is failing to provide a service that you are paying for as part of your rent (for example cleaning, gardening or meals) you should only withhold the money covering that service.
The minimum notice requirement is 28 days. If you have a monthly tenancy, you will have to give one month's notice. If you pay your rent at longer intervals you have to give notice equivalent to that rental period. For example, if you pay rent every three months, you would have to give three months' notice.
Tenant Rights to Withhold Rent in New MexicoTenants may withhold rent if a landlord fails to take care of important repairs, such as a broken heater.
Law Access New Mexico - 1-800-340-9771. Landlord & Tenant Hotline - 1-505-930-5666.
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).
So, unless an infestation is caused by tenant behavior or action, the landlord is required to pay.