Illegal Eviction Procedures in New Mexico

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New Mexico landlords must follow specific rules and procedures when evicting a tenant (see the article How Evictions Work: What Renters Need to Know, on this site). The state forbids landlords from taking the law into their own hands. Examples of illegal “self-help” evictions include changing the locks, removing the front door, or turning off the heat or electricity—all of which may be the basis for a tenant suing a landlord. A New Mexico court may award a tenant a prorated share of the rent for each day of violation, actual damages, and a civil penalty of twice the monthly rent. A court may also award a tenant court costs and attorney fees in New Mexico.

If you decide to sue your landlord for an illegal eviction, check New Mexico law (you’ll find New Mexico rules prohibiting self-help evictions at N.M. Stat. Ann. § 47-8-36). See the Laws and Legal Research section of this site for advice on finding and reading statutes.

It’s also a good idea to get advice from a local tenants’ rights group in New Mexico. The U.S. Department of Housing and Urban Development (HUD) website includes information on tenant advocates for each state. 

Finally, consider consulting an experienced tenants’ lawyer.  See the article Tips on Hiring and Working With Lawyers on this site for advice.

For a wide range of other articles of interest to tenants, see the Renters’ and Tenants’ Rights section on this site.

by: , Attorney

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