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Locked Out or Shut Off

Section 47-8-36 — no lockout, utility shutoff or removal without a court order; twice the monthly rent

Except for abandonment, surrender or what the act otherwise allows, an owner may not knowingly exclude or remove a resident, or threaten or try to, without a court order, by any of these means.

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Who handles this in New Mexico: New Mexico Legal Aid, statewide intake; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.

  • Fraud.
  • Plugging, changing, adding or removing a lock or latch.
  • Blocking an entrance.
  • Interfering with services or utilities such as electricity, gas, water, plumbing, heat or telephone.
  • Removing the resident's personal property, or removing or disabling appliances or fixtures except for legitimate repairs.
  • Any willful act making the unit or the property in it inaccessible or uninhabitable.
  • NMSA 1978, § 47-8-36

A resident locked out or cut off may abate all of the rent for each day of it, seek restitution of the premises or end the rental agreement, and recover damages.

  • NMSA 1978, § 47-8-36

An owner who violates the section is liable for two times the monthly rent.

  • NMSA 1978, § 47-8-48
Sources for this section (2)
  1. NMSA 1978, § 47-8-36 — Unlawful removal and diminution of services prohibited
  2. NMSA 1978, § 47-8-48 — Prevailing party rights in lawsuit; private enforcement

Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.

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