Repairs and Abating Rent
Section 47-8-27.2 — a third of the daily rent from notice until a repair is made, after seven days
The owner substantially complies with housing codes materially affecting health and safety, keeps the premises and common areas safe, keeps electrical, plumbing, heating, ventilating, air conditioning and other supplied facilities in good and safe working order, provides for garbage removal, and supplies running water, reasonable hot water and reasonable heat.
Who handles this in New Mexico: New Mexico Legal Aid; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
For a violation of those duties, other than a defect in an amenity, the resident gives the owner written notice of the conditions needing repair. If the owner does not remedy them within seven days of the notice, the resident may abate rent.
| Condition | Rent the resident may abate |
|---|---|
| ConditionThe conditions continue | Rent the resident may abateOne third of the pro rata daily rent for each day from the notice until they are remedied |
| ConditionThe dwelling is uninhabitable and the resident does not live there because of it | Rent the resident may abateAll of the rent for each day from the notice until the breach is cured |
Where rent is subsidized, the abatement limit of one month's rent is the total monthly rent for the dwelling, not only the resident's share.
Sources for this section (2)
- NMSA 1978, § 47-8-20 — Obligations of owner
- NMSA 1978, § 47-8-27.2 — Abatement
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.