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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.
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.
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.
Conclusion. In most cases, landlords are not responsible for paying the tenant hotel room unless the lease agreement says so. If the landlord is guilty of negligence and the rented property has become uninhabitable for this reason, he may be legally penalized due to breach of contract.
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).
You can take your landlord to court if they won't deal with repairs in your home. You should only consider legal action as a last resort. If you do take legal action, the court can order your landlord to: carry out the repair work.
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.
Even though there are no explicit legal definitions of what uninhabitable living conditions are, generally speaking, anything that makes a living in the rental unit or premises impossible would qualify as inhabitable. Examples include: Faulty or dysfunctional plumbing system or gas. Broken/missing windows or doors.