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.
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.
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.
An owner who violates the section is liable for two times the monthly rent.
Sources for this section (2)
- NMSA 1978, § 47-8-36 — Unlawful removal and diminution of services prohibited
- 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.