New Mexico · Repairs · Updated Oct 2026

New Mexico tenant repair rights

What a landlord in New Mexico must keep in repair, how to ask for repairs, whether you can repair and deduct or withhold rent, and the protection against retaliation.

Short answer

The landlord must keep the home safe and fit to live in, follow building and housing codes, make repairs, keep common areas clean and safe, keep electrical, plumbing, heating, air conditioning and supplied appliances working, provide trash containers, and supply running water and reasonable heat and hot water.

Repair and deduct
Not allowed
Withholding rent
Only in limited cases
Notice before entry
24 hours

Repairs in New Mexico

The landlord's duty
The landlord must keep the home safe and fit to live in, follow building and housing codes, make repairs, keep common areas clean and safe, keep electrical, plumbing, heating, air conditioning and supplied appliances working, provide trash containers, and supply running water and reasonable heat and hot water. NMSA 47-8-20.
How to ask for repairs
Ask in writing (letter, email, text or work order) and keep a copy. The landlord has 7 days to fix the problem. If the problem threatens health or safety, your written notice can say the lease will end if it is not fixed within 7 days (NMSA 47-8-27.1). You can choose ending the lease or rent abatement, but not both. You may also sue for damages or a court order to make repairs, and call your local code enforcement office.
Repair and deduct
Not allowed by statute. New Mexico's remedies are rent abatement or ending the lease (see below), or suing for damages or a court order.
Withholding rent
Partial rent abatement is allowed. After written notice of a repair problem, if the landlord does not fix it within 7 days, you may pay less rent: 100% off for each day you cannot live in the unit, or one-third of the daily rent for each day you stay while the repair is not made, counted from the day you gave notice. This does not apply to amenities (like a pool). Get legal advice first. NMSA 47-8-27.2.
Law
NMSA 47-8-20, 47-8-27.1, 47-8-27.2

Landlord entry in New Mexico

At least 24 hours' written notice saying when, how long and why the landlord will enter, unless you agree to shorter notice. No notice is needed in an emergency, to make repairs you asked for in the past 7 days, or if you have been away more than 7 days without telling the landlord. You can ask the landlord to pick another time. NMSA 47-8-24.

Retaliation in New Mexico

If you are following your lease, the landlord may not raise your rent, cut services, or threaten or file an eviction because you complained to a government agency, asked for repairs, used rent abatement, joined a tenant group, filed a discrimination complaint, won an eviction case or testified for another tenant. Acting within 6 months after these events can be retaliation. A rent increase that is part of a general building-wide increase is allowed, and you can still be evicted for real nonpayment. Since 2025 a retaliating landlord is liable for twice the monthly rent. NMSA 47-8-39, 47-8-48(C).

Get repairs made, step by step

  1. Write down the problem and take dated photos or video.
  2. Ask in writing and keep a copy. In New Mexico: Ask in writing (letter, email, text or work order) and keep a copy.
  3. Give the landlord the time the rule allows, and let them in to do the work with proper notice.
  4. If nothing happens, call your local housing or code inspector and talk to legal aid before you stop paying any rent.
  5. Keep paying rent unless the rule above lets you withhold it and you follow its steps exactly.

Repair request letter for New Mexico

Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.

Your letter is made in your browser. Nothing you type is sent to us or anyone else.

The name on your lease or rent receipts.

What needs repair? (required)

Your state's rule on repair requests is shown below the form.

New Mexico's rule on asking for repairs:Ask in writing (letter, email, text or work order) and keep a copy. The landlord has 7 days to fix the problem. If the problem threatens health or safety, your written notice can say the lease will end if it is not fixed within 7 days (NMSA 47-8-27.1). You can choose ending the lease or rent abatement, but not both. You may also sue for damages or a court order to make repairs, and call your local code enforcement office.

Dates, rooms and how the problem affects you. This text goes into the letter as written.

Where to get free help in New Mexico

Questions about repairs in New Mexico

How do I ask my landlord for repairs in New Mexico?

Ask in writing (letter, email, text or work order) and keep a copy. The landlord has 7 days to fix the problem. If the problem threatens health or safety, your written notice can say the lease will end if it is not fixed within 7 days (NMSA 47-8-27.1). You can choose ending the lease or rent abatement, but not both. You may also sue for damages or a court order to make repairs, and call your local code enforcement office.

Can I repair and deduct the cost from rent in New Mexico?

Not allowed by statute. New Mexico's remedies are rent abatement or ending the lease (see below), or suing for damages or a court order.

Can I withhold rent for repairs in New Mexico?

Partial rent abatement is allowed. After written notice of a repair problem, if the landlord does not fix it within 7 days, you may pay less rent: 100% off for each day you cannot live in the unit, or one-third of the daily rent for each day you stay while the repair is not made, counted from the day you gave notice. This does not apply to amenities (like a pool). Get legal advice first. NMSA 47-8-27.2.

How much notice does a landlord need to enter in New Mexico?

At least 24 hours' written notice saying when, how long and why the landlord will enter, unless you agree to shorter notice. No notice is needed in an emergency, to make repairs you asked for in the past 7 days, or if you have been away more than 7 days without telling the landlord. You can ask the landlord to pick another time. NMSA 47-8-24.

Can my landlord retaliate if I complain in New Mexico?

If you are following your lease, the landlord may not raise your rent, cut services, or threaten or file an eviction because you complained to a government agency, asked for repairs, used rent abatement, joined a tenant group, filed a discrimination complaint, won an eviction case or testified for another tenant. Acting within 6 months after these events can be retaliation. A rent increase that is part of a general building-wide increase is allowed, and you can still be evicted for real nonpayment. Since 2025 a retaliating landlord is liable for twice the monthly rent. NMSA 47-8-39, 47-8-48(C).

More for New Mexico renters

Repairs in nearby states

Sources

Last checked: Oct 2026.