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New Mexico State Landlord Tenant Relations Act

    Rental Agreement

    • The rental agreement regulates the use of the rental unit and the roles of the landlord and tenant. New Mexico permits rental agreements to be oral or written. Agreements should contain information regarding the amount of rent, rent due dates, length of tenancy, and how notice should be served to terminate the agreement. Even though oral contracts are legal, written contracts are recommended because they can be used as evidence if there is a dispute amongst the parties.

    Landlord Obligations

    • The landlord is required to provide the tenant, in writing, the name and contact information of the person who manages the property and is authorized to act on behalf of the property owner. Other landlord obligations include compliance with the local housing code, ensuring necessary repairs are completed to maintain a safe and habitable living environment, providing trash dumpsters or containers for residents, and supplying running water at all times.

    Tenant Obligations

    • Obligations a tenant must fulfill consist of keeping the rental unit clean and safe during the tenancy, paying the rent on time, and abiding by any local laws and regulations imposed by the landlord or neighborhood. The tenants should not be negligent or purposely damage any of the rental property, dispose of their trash in an appropriate manner, and use all of the facilities with due care. The rental unit should be clean when the rental period ends.

    Landlord Remedies

    • When the rent payment is delinquent, the landlord can give the tenant written notice to pay the rent within three days or vacate the rental unit. If the tenant violates other terms of the rental agreement, the landlord can notify the tenant that the violation needs to be remedied within seven days or the tenant should vacate the property. If the tenant refuses to leave the property, the landlord needs a court order to legally evict the tenant.

    Tenant Remedies

    • When the landlord violates the contractual terms, the tenant can give the landlord a written notice identifying the problem and requesting that it be fixed. If the landlord does not attempt to resolve the issue within seven days, the tenant is entitled to receive any rent money paid in advance. The tenant can get a legal injunction or file a lawsuit for damages against the landlord if the violations persist.

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