New Mexico state law (N.M. Stat. Ann. § 47-8-39) prohibits landlords from retaliating against tenants.
Tenant Rights Protected Against Landlord Retaliation in New Mexico
It is illegal for a landlord to retaliate against a tenant in New Mexico who has exercised a legal right, including:
- complaining to the landlord about unsafe or illegal living conditions
- complaining to a government agency, such as a building or health inspector, about unsafe or illegal living conditions
- assembling and presenting your views collectively—for example, by joining or organizing a tenant union, or
- exercising a legal right allowed by your state or local law, such as withholding the rent for an uninhabitable unit.
Types of Retaliation That Are Against State Law
The kinds of retaliatory acts covered by New Mexico law include terminating a tenancy or filing an eviction lawsuit; increasing the rent; or decreasing services, such as locking the laundry room. New Mexico state law presumes retaliation if the landlord acts in these types of negative ways within six months of the date that a tenant has exercised a legal right, such as complaining to the landlord about an unsafe heater in the apartment.
For advice on how to respond to—and prove—retaliation, see the article Landlord Retaliation.
New Mexico Guide to Tenant Rights
For an overview of tenant rights under New Mexico landlord-tenant law, and resources for filing complaints, see http://www.nmbar.org/Public/publicpubs/landlordtenantrelations.html.
New Mexico State and Local Law on Landlord Retaliation
For state law on landlord retaliation, see N.M. Stat. Ann. § 47-8-39.
See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions.
Also, check your local housing ordinances, particularly if you are covered by rent control, for any city or county rules that protect tenants from landlord retaliation. To find yours, call your mayor or city manager’s office or check your city or county website.