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This may include dangerous hazards, like infestations, holes in the floors or walls, exposed electrical, or a broken furnace in the winter. Non-working cable television or out-of-date appliances typically do not make a rental uninhabitable, unless there is a dangerous condition associated with them, such as a gas leak.
The New Mexico Supreme Court entered an Order suspending evictions for non-payment of rent during the pandemic. Tenants continue to owe the rent. The suspension is temporary. Landlords can still file in court to evict you, and the courts will still hold eviction trials.
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).
Tenant Responsibilities in New Mexico Apart from paying rent on-time promptly, New Mexico tenants must: Keep the unit clean and in habitable condition. Comply with all building and housing codes. Dispose of all waste.
Landlord property management and repairs In writing they are required to state what they're going to do and by when. If the landlord doesn't respond, the tenant can report the problem to their Local Authority, who can issue the landlord with a notice to fix the damp and mould.
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.
If there is mold in your apartment, you need to notify your landlord immediately. You might also consider asking your landlord to bring in a professional mold inspector. Mold usually grows in difficult to see places, like behind walls or appliances, and the professionals will have equipment to detect it.
Landlords cannot enter tenanted properties without giving proper notice. Landlords cannot arbitrarily end someone's tenancy before the lease expires. Arbitrary, mid-lease rent increases are not permitted unless specified in certain circumstances in the lease or by the municipality.
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.