New Mexico Lockouts, Utility Shutoffs & Retaliation
New Mexico rules on lockouts, utility shutoffs & retaliation for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: Self-help eviction is banned. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by fraud, changing or plugging locks, blocking entrances, removing the resident's belongings, removing or disabling appliances or… NMSA 1978, §§ 47-8-36, 47-8-48(C)
The rules in New Mexico
| Lockouts and illegal eviction | Self-help eviction is banned. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by fraud, changing or plugging locks, blocking entrances, removing the resident's belongings, removing or disabling appliances or fixtures (except for legitimate repairs), or any willful act making the unit or belongings inaccessible or uninhabitable. The resident may abate 100% of the rent for each day denied possession, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the agreement, and recover damages. Temporary interference while making legitimate repairs or inspections allowed by the Act is not a violation. |
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| Landlord shutting off utilities | No. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by interfering with services or utilities, including electricity, gas, hot or cold water, plumbing, heat, or telephone service. The resident may abate 100% of the rent for each day a service is cut for any part of the day, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the rental agreement, and recover damages. The section does not make the owner responsible for interruptions caused by the resident's own nonpayment of utility charges. The prevailing party in a suit to enforce the Act gets reasonable attorney's fees and costs (§ 47-8-48(A)). |
| Landlord retaliation | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. Uniform increases applied to all similar units at the end of a term are allowed (§ 47-8-39(C)). |
Related questions
New Mexico vs. neighboring states
| State | Lockouts and illegal eviction | Landlord shutting off utilities | Landlord retaliation |
|---|---|---|---|
| New Mexico | Self-help eviction is banned. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by fraud, changing or plugging locks, blocking entrances, removing the resident's belongings, removing or disabling appliances or fixtures (except for legitimate repairs), or any willful act making the unit or belongings inaccessible or uninhabitable. The resident may abate 100% of the rent for each day denied possession, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the agreement, and recover damages. NMSA 1978, §§ 47-8-36, 47-8-48(C) | No. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by interfering with services or utilities, including electricity, gas, hot or cold water, plumbing, heat, or telephone service. The resident may abate 100% of the rent for each day a service is cut for any part of the day, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the rental agreement, and recover damages. NMSA 1978, §§ 47-8-36, 47-8-48(C) | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. NMSA 1978, §§ 47-8-39, 47-8-48(C) |
| Arizona | A landlord may not recover or take possession of a rental by action or otherwise, including by willfully cutting essential services, except after abandonment or surrender or as the landlord-tenant act permits. If a landlord unlawfully removes or excludes the tenant, the tenant may recover possession or end the lease and, either way, recover the greater of two months' periodic rent or twice actual damages. If the lease ends, the landlord must return the security the tenant is owed. A.R.S. §§ 33-1374, 33-1367 | A landlord may not take back a rental by willfully cutting off electricity, gas, water or other essential services, and may not terminate utilities provided under the lease except for repairs or as the act allows. If the landlord willfully cuts services, the tenant may recover possession or end the lease and recover the greater of two months' periodic rent or twice actual damages. If the landlord deliberately or negligently fails to supply heat, cooling, water, hot water or essential services, after reasonable notice the tenant may buy the service and deduct the reasonable cost from rent, recover damages for reduced rental value, or get reasonable substitute housing and not pay rent for that period. A.R.S. §§ 33-1374, 33-1367, 33-1364 | A landlord may not raise rent, decrease services, or bring or threaten an eviction after the tenant (1) complained to a building or housing code agency about a health or safety violation, (2) complained to the landlord about a § 33-1324 maintenance violation, (3) organized or joined a tenants' union, or (4) complained to a wage-price stabilization agency. A complaint within 6 months before the alleged retaliation creates a presumption of retaliation. A.R.S. § 33-1381 |
| Colorado | It is unlawful for a landlord to remove or exclude a tenant without court process, including by willfully removing doors, windows or locks other than for repair, unless the tenant agreed, the unit was abandoned (shown by things like returned keys, removal of belongings, notice, or long absence with rent unpaid), or it is required for an illegal drug-lab cleanup. The tenant may sue to stop the violation and must be awarded actual damages plus the greater of three times the monthly rent or $5,000, along with costs and reasonable attorney fees; the court may order possession restored. C.R.S. § 38-12-510 | A landlord may not remove or shut out a tenant without going to court, and unlawful removal includes willfully cutting off utilities. If a landlord willfully and unlawfully causes heat, running water, hot water, electricity, gas or other essential services to be cut off, the tenant may sue to stop it and must be awarded actual damages plus statutory damages of the greater of three times the monthly rent or $5,000, along with costs and reasonable attorney fees; the court may also restore possession. C.R.S. § 38-12-510 | A landlord may not retaliate (raise rent, cut services, end or not renew the lease, bring or threaten eviction, harass, or charge fees) because the tenant made a good-faith complaint about a habitability condition to the landlord, a nonprofit, or a government agency; joined or organized a tenants' association; or used habitability remedies. The tenant need only show that the protected activity was a motivating factor. Remedies: the greater of three months' rent or three times actual damages, plus attorney fees. The tenant may also terminate the lease and raise retaliation as a defense to eviction. C.R.S. § 38-12-509 |
| Oklahoma | If a landlord wrongfully removes or locks a tenant out of the unit, the tenant may go to court to recover possession, or give notice and end the lease. In either case the tenant may recover up to twice the average monthly rent or twice the actual damages, whichever is greater. If the lease ends, the landlord must return all recoverable deposits and all prepaid, unearned rent. 41 O.S. § 123 | If, contrary to the lease or the landlord's legal duties, the landlord willfully or negligently fails to supply heat, running water, hot water, electricity, gas or another essential service, the tenant may give written notice and then (1) end the lease immediately on written notice, (2) buy reasonable amounts of the service and deduct the actual, reasonable cost from rent, (3) recover damages for the reduced rental value, or (4) on written notice, get substitute housing and owe no rent while the problem lasts. A landlord who removes or excludes a tenant from the unit is liable under the wrongful-exclusion rule. 41 O.S. §§ 121(C), 123 | No general anti-retaliation statute. The Oklahoma Residential Landlord and Tenant Act does not protect tenants who complain about conditions or exercise other rights. One narrow exception: a landlord may not deny a tenancy to, or retaliate against, a tenant because the tenant previously ended a rental agreement as a victim of domestic violence, sexual violence or stalking (§ 113.3). 41 O.S. §§ 101-136 (no general retaliation section); 41 O.S. § 113.3 |
| Texas | A landlord may not remove doors, windows, locks or landlord-supplied furniture or appliances (except for bona fide repair), and may not keep a tenant out without a court order except for repairs or emergencies, removing contents of abandoned premises, or changing locks for unpaid rent. A lock change for unpaid rent requires a lease clause and advance written notice, and the landlord must give the tenant a new key at any hour even if the rent is not paid. If the landlord violates these rules, the tenant may get back possession or end the lease and recover one month's rent plus $1,000, actual damages, court costs and attorney's fees, less rent owed. The tenant can also file a sworn complaint for a writ of reentry in justice court. Tex. Prop. Code §§ 92.0081, 92.009 | No. A landlord may not interrupt utilities the tenant pays the utility for directly, or water, wastewater, gas or electricity the landlord furnishes, except for bona fide repairs, construction or an emergency (submetered electricity may be cut for nonpayment only under strict notice rules). If the landlord violates this, the tenant may get back possession or end the lease and recover actual damages, one month's rent plus $1,000, attorney's fees and court costs, less any rent owed. The tenant can also ask the justice court for a writ of restoration of utility service. A landlord who agreed to pay for utilities is also liable if service is cut off for the landlord's nonpayment; the tenant may then pay the utility and deduct it from rent or end the lease. Tex. Prop. Code §§ 92.008, 92.0091, 92.301 | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. Tex. Prop. Code Sec. 92.331; 92.332; 92.333 |
| Utah | It is unlawful for an owner to willfully exclude a tenant from the premises in any manner except by court process (judicial eviction). 'Willful exclusion' means preventing the tenant from entering with intent to deprive the tenant of entry. The only exception is when the tenant has abandoned the premises: the owner may then remove the contents under the abandoned-property procedure and re-rent. The section does not itself list damages for a lockout. Utah Code §§ 78B-6-814, 78B-6-801(11), 78B-6-816 | Utah's landlord-tenant statutes do not specifically address a landlord shutting off utilities to force a renter out. It is unlawful for an owner to willfully keep a tenant out of the premises in any manner except by court process. Separately, owners must maintain electrical systems, plumbing, heating, and hot and cold water, and a renter may use the written notice-of-deficient-condition process (rent abatement and ending the lease, or repair and deduct) if the owner does not correct such a problem. Utah Code §§ 78B-6-814, 57-22-3, 57-22-4(1), 57-22-6 | No statute — Utah has no general law barring landlord retaliation (for example, for complaining about repairs). One limited rule: an owner may not restrict a renter's ability to ask a public safety agency (such as police or fire) for help, and may not penalize or evict a renter for making reasonable requests for that help. Utah Code 57-22-5.1(10); Utah Fit Premises Act (57-22) and Forcible Entry and Detainer (78B-6 Part 8) checked |
City rules that may add to state law
More New Mexico rental law
- New Mexico Security Deposit Law
- New Mexico Eviction Laws
- New Mexico Notice to Vacate Rules
- Landlord Entry Rules in New Mexico
- New Mexico Repairs & Tenant Remedies
- New Mexico Rent Increase & Late Fee Laws
- Breaking a Lease in New Mexico
- Squatters' Rights in New Mexico
- New Mexico Rental Fee Rules
- New Mexico Section 8, Records & Right to Counsel
- New Mexico Mold, Pests, Heat & AC Rules
- New Mexico Privacy, Guests & Animal Rules
- New Mexico Landlord Selling the House
- New Mexico Subletting, Lease Endings & Tenant Death
- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
Compare lockouts, utility shutoffs & retaliation in all 50 states and DC →
New Mexico Lockouts, Utility Shutoffs & Retaliation FAQ
Can a landlord change the locks without a court order in New Mexico?
Self-help eviction is banned. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by fraud, changing or plugging locks, blocking entrances, removing the resident's belongings, removing or disabling appliances or fixtures (except for legitimate repairs), or any willful act making the unit or belongings inaccessible or uninhabitable. The resident may abate 100% of the rent for each day denied possession, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the agreement, and recover damages. (NMSA 1978, §§ 47-8-36, 47-8-48(C))
Can a landlord shut off utilities in New Mexico?
No. Except after abandonment or surrender, an owner may not knowingly exclude or try to remove a resident without a court order by interfering with services or utilities, including electricity, gas, hot or cold water, plumbing, heat, or telephone service. The resident may abate 100% of the rent for each day a service is cut for any part of the day, recover a civil penalty of two times the monthly rent, seek restitution of the premises or end the rental agreement, and recover damages. (NMSA 1978, §§ 47-8-36, 47-8-48(C))
Can a landlord retaliate against a tenant for complaining in New Mexico?
An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. (NMSA 1978, §§ 47-8-39, 47-8-48(C))
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.