Renters Rights in New Mexico
New Mexico offers many different protections for tenants under a residential rental agreement. These renter rights ensure that the landlord is not taking advantage of a renter, and that the renter receives a habitable home to live in. New Mexico tenant rights are granted under the landlord and tenant laws in the state statutes.
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Discrimination
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A New Mexico landlord is prohibited by discriminating against a prospective tenant, current tenant or former tenant. Landlords cannot use a tenant's age, sex, marital status, family status, race, religion or ethnicity to base any decisions on during the rental process.
Tenancy Period
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The type of tenancy period affects renter rights. A month-to-month tenancy does not have the same protection against rent increases that a definite term tenancy does. In a month-to-month tenancy, a New Mexico landlord can raise the rent payment with a 30-day notice. In a definite term tenancy, the landlord must wait until the lease term has ended and a renewal contract is signed. A definite term lease also guarantees the tenancy possession of the rental unit for a specific time frame, barring non-payment or lease violations. A month-to-month tenant can have the tenancy terminated with 30 days notice.
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Security Deposit
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New Mexico has restrictions in place on the amount a landlord can charge for a security deposit. The security deposit can only be equal to one month's rent, unless the lease term is longer than one year. The landlord must return the security deposit within 30 days of lease termination. If any repair costs have been deducted from the deposit, an itemized deduction list is sent along with the rest of the money.
Habitability
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A renter has the right to a home that is considered habitable. A habitable home has working house systems such as heating systems and no damage preventing the enjoyment of the home, such as broken windows. The landlord is responsible for repairs that maintain the livability of the homes.
Eviction
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New Mexico renters cannot be evicted until the landlord has a court order of eviction. During an active eviction case, the landlord cannot try to make the renters leave on his own. This is considered a prohibited act by the landlord, and will get the eviction case dismissed in court. The renter has the right to answer the eviction complaint, represent himself or have a lawyer represent him in court, and file an appeal if he does not agree with the court's decision.
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References
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