When the Landlord Retaliates
Section 47-8-39 — no rent hike, cut in services or eviction for six months after a protected act
An owner may not retaliate against a resident in compliance with the rental agreement by raising rent, decreasing services, or bringing or threatening an action for possession because, within the previous six months, the resident did any of these.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
- Complained to a code enforcement agency of a violation materially affecting health and safety.
- Organized or joined a residents' union or association.
- Acted in good faith on rights under the act, including a written request for repairs.
- Made a fair housing complaint to a government agency.
- Prevailed in, or has pending, a lawsuit against the owner about the residency.
- Testified for another resident, or abated rent as the act allows.
A violation is a defense in an action for possession. An owner may still raise rent or change services at the end of a term, or as the agreement provides, if the change is uniform with similar units and not aimed at the resident.
An owner who retaliates is liable for two times the monthly rent.
Sources for this section (2)
- NMSA 1978, § 47-8-39 — Owner retaliation 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.