New Mexico Mold, Pests, Heat & AC Rules
New Mexico rules on mold, pests, heat & ac for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. NMSA 1978, § 47-8-20(A)(1)-(2)
The rules in New Mexico
| Mold | No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. The Uniform Owner-Resident Relations Act has no mold disclosure or remediation provision. Where a minimum housing code applies, it sets the owner's maximum duty under § 47-8-20 (§ 47-8-20(B)). Source: NMSA 1978, § 47-8-20(A)(1)-(2) |
|---|---|
| Pests & bed bugs | No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. No state bed-bug disclosure or inspection rule. Local housing codes may assign extermination duties. |
| Heat | Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. In a single-family residence, the parties may agree in a good-faith writing, for consideration, that the resident supplies heat (§ 47-8-20(C)). The New Mexico Supreme Court has read the heat duty as applying unless the owner shows a specific law exempting the building (T.W.I.W., Inc. v. Rhudy, 96 N.M. 354). |
| Air conditioning | No state requirement to provide air conditioning or evaporative cooling, or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the owner must be kept in good and safe working order. A 2023 bill (SB 375) would have added evaporative cooling to the owner's maintenance duty; the current statute still lists only air conditioning. Source: NMSA 1978, § 47-8-20(A)(4) |
Related questions
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
New Mexico vs. neighboring states
| State | Mold | Pests & bed bugs | Heat |
|---|---|---|---|
| New Mexico | No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. NMSA 1978, § 47-8-20(A)(1)-(2) | No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. NMSA 1978, §§ 47-8-20(A)(2)-(3), (5); 47-8-22(B)-(C) | Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. NMSA 1978, § 47-8-20(A)(4), (A)(6) |
| Arizona | No statute — general habitability/repair duty applies. Arizona has no mold disclosure or remediation law for rentals. The landlord must comply with building codes materially affecting health and safety and make all repairs needed to keep the premises fit and habitable. A.R.S. § 33-1324(A)(1)-(2) | Arizona has a bed-bug statute. Landlords must give bed-bug educational materials to existing and new tenants and may not rent a unit they know has a current bed-bug infestation. Tenants may not knowingly move infested items into the unit and must notify the landlord in writing or electronically if they know bed bugs are present. Other pests fall under the general duty to keep the premises fit and habitable. A.R.S. § 33-1319; § 33-1324(A)(2) | Yes. The landlord must supply reasonable heat when required by seasonal weather, unless the building is not required by law to have heating or the heat comes from equipment in the tenant's exclusive control with a direct utility connection. If the landlord deliberately or negligently fails to supply heat, the tenant may give notice and buy heat and deduct the cost, recover damages, or get substitute housing. State law sets no minimum temperature. A.R.S. §§ 33-1324(A)(6), 33-1364 |
| Colorado | Yes. A rental is legally uninhabitable if there is mold associated with dampness, or any other damp condition, that would materially interfere with the tenant's health or safety if not fixed. Minor mold on surfaces that collect moisture through normal use is excluded. The landlord must make sure the unit is habitable before leasing it and must fix such conditions under the warranty of habitability; the tenant may use the remedies in § 38-12-507. C.R.S. §§ 38-12-503, 38-12-505(1)(a), (3) | The landlord must provide appropriate extermination for rodent, vermin, pest or insect infestations throughout the premises. Under the bed-bug law, the tenant must promptly notify the landlord in writing or electronically; within 96 hours the landlord must get the unit inspected by a qualified inspector, and inspect contiguous units if bed bugs are found. The landlord must give written results within two business days and start treatment within five business days. The landlord pays for inspection and treatment, and may not rent a unit it knows or suspects has bed bugs; on request it must disclose bed bugs in the past eight months and the last clean inspection date. C.R.S. § 38-12-505(1)(b)(VII)-(VIII); §§ 38-12-1001 to 38-12-1007 | Yes. A unit that substantially lacks functioning heating facilities that met code when installed and are kept in good working order is uninhabitable. Lack of functioning heating from October through April is presumed to materially interfere with the tenant's life, health or safety. State law sets no minimum indoor temperature. C.R.S. § 38-12-505(1)(b)(V), (4)(d) |
| Oklahoma | No statute — general habitability/repair duty applies. Oklahoma has no mold disclosure, remediation or exposure-standard law for rentals; the landlord must 'make all repairs and do whatever is necessary to put and keep the tenant's dwelling unit and premises in a fit and habitable condition.' 41 O.S. § 118(A)(2) | No statute — no bed-bug or pest-specific law. The landlord must keep the unit fit and habitable and (except single-family residences) keep common areas clean, safe and sanitary; the tenant must keep the occupied part of the premises as safe, clean and sanitary as its condition permits and dispose of garbage in a safe, clean and sanitary manner. 41 O.S. §§ 118(A)(1)-(2), 127(1)-(2) | Yes, except in single-family residences or where service comes through direct, independently metered utility connections to the unit: the landlord must supply 'reasonable heat' and running and hot water, and must keep landlord-supplied heating facilities in good and safe working order. No statewide minimum temperature or heating season. If the landlord willfully or negligently fails to supply heat, after written notice the tenant may terminate, procure heat and deduct the cost from rent, recover diminished rental value, or obtain substitute housing and be excused from rent. 41 O.S. §§ 118(A)(3), (A)(5), 121(C) |
| Texas | No landlord-tenant mold statute — Texas law sets no mold disclosure or mold-specific remediation duty for residential landlords. Mold is handled under the general duty to repair: after written notice from a tenant who is current on rent, the landlord must make a diligent effort to repair a condition that materially affects the physical health or safety of an ordinary tenant. Separately, the Occupations Code licenses professional mold assessors and remediators; an owner of residential property with fewer than 10 units (or its employee) may do its own mold assessment or remediation without a license. Tex. Prop. Code Sec. 92.052; Tex. Occ. Code ch. 1958 (Sec. 1958.102) | No statute — the Property Code has no pest or bed-bug provision (no disclosure, inspection or treatment rule). An infestation is treated under the general repair duty if it materially affects the physical health or safety of an ordinary tenant and the tenant gave notice; the landlord has no duty to remedy conditions caused by the tenant, household or guests. Leases commonly allocate pest-control responsibility. Tex. Prop. Code Sec. 92.052 (ch. 92 checked) | No statewide heat or minimum-temperature requirement. State law requires only a device supplying hot water of at least 120 degrees F. If the landlord agreed (expressly or impliedly) to furnish heating equipment that produces inadequate heat, and a local housing, building or health official has notified the landlord in writing that the lack of heat materially affects health or safety, the tenant may use the repair-and-deduct remedy if the landlord fails to repair within 3 days after the tenant's notice. Tex. Prop. Code Sec. 92.052(a)(3)(B); 92.0561(d)(3)(C) |
| Utah | No statute — the Utah Fit Premises Act does not mention mold. Mold is governed by the general duty to keep the unit fit for human habitation and in accordance with local ordinances and local board of health rules, and not to rent premises unless they are safe, sanitary and fit for human occupancy. The act applies only to conditions that materially affect the physical health or safety of the ordinary renter. Utah Code 57-22-3; 57-22-4(1); 57-22-6 | No statute — no pest or bed-bug provision in the Fit Premises Act. Infestations fall under the safe-and-sanitary duty and local health-department rules when they materially affect health or safety. The renter must keep the unit clean and safe, dispose of garbage properly, and comply with local board of health rules. Utah Code 57-22-3; 57-22-4(1); 57-22-5(1) | Yes. Each rental unit must have heating (along with electrical systems, plumbing and hot and cold water), and the owner must maintain the heating system. State law sets no minimum indoor temperature or heating season; local ordinances and board of health rules may. Utah Code 57-22-3(1); 57-22-4(1) |
City rules that may add to state law
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- Free legal help in New Mexico
Compare mold, pests, heat & ac in all 50 states and DC →
New Mexico Mold, Pests, Heat & AC Rules FAQ
Does a landlord have to fix mold in New Mexico?
No statute — general repair duty applies. The owner must substantially comply with applicable minimum housing codes and make repairs and do whatever is necessary to put and keep the premises in a safe condition. (NMSA 1978, § 47-8-20(A)(1)-(2))
Who pays for pest control and bed bugs in New Mexico?
No pest- or bed-bug-specific statute. The owner must keep the premises in a safe condition and common areas safe, and provide garbage receptacles and removal; the resident must keep the occupied part of the premises clean and safe and dispose of garbage properly. (NMSA 1978, §§ 47-8-20(A)(2)-(3), (5); 47-8-22(B)-(C))
Does a landlord have to provide heat in New Mexico?
Yes. The owner must supply reasonable heat (and running water and a reasonable amount of hot water at all times) and maintain heating facilities in good and safe working order. No statewide minimum temperature or heating season is set. Exceptions: buildings not required by law to be equipped for heat, or units where heat is generated by an installation in the resident's exclusive control supplied by a direct public utility connection. (NMSA 1978, § 47-8-20(A)(4), (A)(6))
Does a landlord have to provide air conditioning in New Mexico?
No state requirement to provide air conditioning or evaporative cooling, or a maximum indoor temperature. Air conditioning supplied or required to be supplied by the owner must be kept in good and safe working order. (NMSA 1978, § 47-8-20(A)(4))
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.