Is your heater broken in the middle of winter? Mold spreading in the bathroom? Plumbing issues that just won’t go away?
When a rental issue starts to affect your health or safety, it’s more than just an inconvenience—it may be a violation of your rights as a tenant. The good news is, New Mexico law gives you tools to take action when your landlord isn’t making necessary repairs.
Step 1: Notify Your Landlord In Writing
The first step is always to send a written notice to your landlord. This can be a letter, email, or even a text—just make sure it’s something you can save and reference later.
Be clear about:
- What the issue is
- How it affects your health, safety, or the habitability of the unit
- When you expect it to be fixed (7 days is a standard window)
📌 Tip: Take photos or videos of the issue and keep copies of any communication.
Step 2: Wait 7 Days
Under New Mexico law, if the problem affects health or safety, your landlord has 7 days to fix it after receiving written notice.
If they don’t act in that time, you may have legal options, such as:
Option 1: Terminate the Lease
If the issue is serious and the landlord hasn’t made the repair within 7 days, you may have the right to move out and end the lease early without penalty. This is only allowed if the issue makes the unit truly unlivable and the landlord has been properly notified.
Option 2: Withhold Rent
In some cases, tenants can legally withhold rent until the repair is made. This option should be used cautiously, as it can lead to eviction if not done correctly. Always consult with a lawyer or legal aid before going this route.
Option 3: Repair and Deduct
If the repair is something you can reasonably and safely fix (like replacing a broken toilet or installing a smoke detector), you may:
- Pay for the repair yourself
- Deduct the cost from your rent
But be aware:
✅ You must give proper written notice first
✅ The cost must be reasonable and under $100 or one month’s rent (whichever is greater)
✅ Keep all receipts and documentation
Final Thoughts
You deserve a safe and livable home. If your landlord isn’t addressing serious problems, New Mexico law gives you a path forward—but it all starts with putting it in writing.
If you’re unsure of what to do next, organizations like New Mexico Legal Aid can help you understand your rights and next steps.