New Mexico Privacy, Guests & Animal Rules
New Mexico rules on privacy, guests & animals for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a… NMSA 1978, §§ 30-9-20, 47-8-24
The rules in New Mexico
| Cameras & privacy | No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a misdemeanor (fourth-degree felony if the victim is under 18). Owner entry generally requires 24 hours' written notice of the purpose, date, and estimated time. 'Instrumentality' expressly includes camcorders, digital and phone cameras, and electronic devices of any type. Source: NMSA 1978, §§ 30-9-20, 47-8-24 |
|---|---|
| Guests & occupants | The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. No statewide occupancy limit or roommate statute. |
| Service & support animals (state law) | The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. Assistance animals in rental housing (including emotional support animals) are handled as reasonable-accommodation requests under the federal Fair Housing Act and the New Mexico Human Rights Act's housing provisions. |
Related questions
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
New Mexico vs. neighboring states
| State | Cameras & privacy | Guests & occupants | Service & support animals (state law) |
|---|---|---|---|
| New Mexico | No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a misdemeanor (fourth-degree felony if the victim is under 18). Owner entry generally requires 24 hours' written notice of the purpose, date, and estimated time. NMSA 1978, §§ 30-9-20, 47-8-24 | The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. NMSA 1978, §§ 47-8-15(E), 47-8-22(G) | The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. NMSA 1978, §§ 28-11-1.1 to 28-11-6 |
| Arizona | No landlord-specific statute. It is a felony to knowingly photograph, film, record or secretly view a person without consent in a bathroom, bedroom or other place where they expect privacy while they are undressed or in similar situations; security cameras are exempt only if notice is clearly posted. Intercepting a conversation you are not part of without a party's consent is also a felony. A.R.S. §§ 13-3019, 13-3005; § 33-1343 | No statute — lease governs. Arizona's landlord-tenant act sets no guest-versus-tenant rule, occupancy limit or roommate right. Tenants are responsible for damage and conduct of people on the premises with their consent. A.R.S. § 33-1341 | Arizona's service-animal statute covers public places, not housing: it defines a service animal as a dog or miniature horse trained to perform tasks for a person with a disability and imposes a civil penalty of up to $250 for fraudulently misrepresenting an animal as a service animal to a public place. Arizona has no state statute on emotional support animal documentation or pet-fee limits in rental housing; reasonable-accommodation requests are governed by the federal Fair Housing Act and the Arizona Fair Housing Act. A.R.S. § 11-1024 |
| Colorado | No landlord-specific statute. Knowingly observing or photographing (including video or live feed) another person's intimate parts without consent where they reasonably expect privacy is criminal invasion of privacy (class 2 misdemeanor). Overhearing or recording a conversation without the consent of at least one party is eavesdropping (class 2 misdemeanor). C.R.S. §§ 18-7-801, 18-9-304 | No statute — lease governs for most rentals. Colorado's landlord-tenant law sets no guest-versus-tenant rule, statewide occupancy limit or roommate right for ordinary rentals; tenants are responsible for damage caused by their guests and invitees. C.R.S. § 38-12-102(4) | Intentionally misrepresenting entitlement to an assistance animal to obtain a housing accommodation, after a prior written or verbal warning and knowing the animal is not an assistance animal or the person has no disability, is a civil infraction: $25 for a first offense, $50-$200 for a second, and $100-$500 for later offenses. If a landlord asks for documentation about a tenant's assistance animal, it must give the tenant the state Civil Rights Division form if the division has posted one, though the tenant need not use it. Pet deposits are capped at $300 (refundable) and pet rent at the greater of $35 or 1.5% of monthly rent. Since August 12, 2026, Colorado fair housing law defines an assistance animal to include both emotional support animals and service animals. Allowing an assistance animal is presumed to be a reasonable accommodation once the housing provider has had a chance to go through an interactive process with the person asking, and a complete ban on assistance animals is presumed discriminatory. The mere presence of an assistance animal is not a direct threat to health or safety and is not presumed to cause substantial property damage, but the provider may consider documented, specific conduct of the animal that is a direct threat or causes substantial damage. The provider may ask for reasonable documentation of the disability or disability-related need unless it is obvious. C.R.S. § 18-13-107.3; § 24-34-309(2); § 38-12-106; §§ 24-34-301(2.5), (8.5), 24-34-502(1)(a)(III), 24-34-502.2(2)(b) (added by HB 26-1045) |
| Oklahoma | No landlord-specific statute. Using photographic, electronic or video equipment in a clandestine manner for an illegal, illegitimate, prurient or lewd purpose to view a person without knowledge and consent where there is a reasonable expectation of privacy is a felony (Peeping Tom); loitering near a residence to watch someone clandestinely is a misdemeanor. Intercepting oral, wire or electronic communications is a felony unless the person is a party or one party consented (one-party consent). 21 O.S. § 1171; 13 O.S. §§ 176.3, 176.4(5) | A rental agreement may impose reasonable limits on use by a tenant or occupant. A landlord may demand in writing that an occupant who breaches a lease condition leave; an occupant who wrongfully fails to leave within a reasonable time commits trespass (fine up to $500 and/or up to 30 days in jail). An occupancy limit of two persons per bedroom is presumed reasonable, but does not apply to children born to the tenants during the lease. An occupant with no rental agreement whom the landlord has not accepted as a tenant may be told to leave without an eviction case. 41 O.S. §§ 117(B)-(C), 111(G) | Oklahoma defines 'assistance animal' to include service animals and emotional support animals. Unless the disability or need is readily apparent, the landlord may request reliable documentation verifying the disability under the Fair Housing Act, describing the accommodation, and showing the link between the disability and the need, and may independently verify it. Documentation acquired through purchase or exchange of funds for goods and services is presumed fraudulent. A landlord is not liable for injuries caused by an assistance animal allowed as an accommodation. If a tenant obtains an accommodation by knowingly false claim or fraudulent documentation, the landlord may use the Act's noncompliance remedies, and a prevailing landlord in eviction may recover costs, fees and damages up to $1,000. A landlord may not deny or end a tenancy because of a guide, signal or service dog. 41 O.S. §§ 113.2, 113.1 |
| Texas | No landlord-specific statute. Criminal laws apply: it is a state jail felony to photograph or record, without consent and with intent to invade privacy, another person in a place where a person has a reasonable expectation of privacy, which the statute says includes a bathroom, bedroom and changing room; posting a sign does not establish consent. Intercepting oral, wire or electronic communications is a crime unless a party to the communication consents (one-party consent), so audio recording of tenants' conversations is restricted. Tex. Penal Code Sec. 21.15; 16.02 | State occupancy cap: a landlord may not allow more adults (18+) to occupy a dwelling than three times the number of bedrooms, except where a fair housing law requires more, or for up to one month for an adult seeking sanctuary from family violence. Neighbors within 3,000 feet (or a government or civic association) may sue to enjoin violations and recover $500 per violation plus fees. No statute defines when a guest becomes a tenant or gives roommate/additional-occupant rights; the lease governs. Tex. Prop. Code Sec. 92.010 | Texas law guarantees persons with disabilities equal access to rental housing and says a person with a service animal may not be charged extra compensation or a deposit for the animal, but is liable for damage the animal causes beyond reasonable wear and tear. The state definition of 'assistance animal'/'service animal' is limited to a specially trained or equipped dog. Knowingly misrepresenting an animal as an assistance or service animal is a misdemeanor punishable by a fine of up to $1,000 and 30 hours of community service. No state statute sets documentation rules for emotional support animals. Tex. Hum. Res. Code Sec. 121.002, 121.003(g)-(h), 121.006 |
| Utah | No landlord-specific camera statute. Since May 7, 2025, it is a crime (class A misdemeanor; third-degree felony in aggravated cases) to intentionally use any technology to secretly record an individual, without knowledge or consent, for the purpose of viewing a part of the body for which the person has a reasonable expectation of privacy, under circumstances where the person reasonably expects privacy. Utah is a one-party consent state for audio interception. Unless the rental agreement says otherwise, the owner must give at least 24 hours' notice before entering the unit. Utah Code 76-12-307; 77-23a-4; 57-22-4(2) | No statewide occupancy limit. The renter may not increase the number of occupants above the number specified in the rental agreement without the owner's written permission. Otherwise guests are governed by the rental agreement; the renter may not knowingly permit anyone to damage the unit. Utah Code 57-22-5(1), (2) | An owner or lessor of private housing may not discriminate against an individual with a disability because the individual has a service animal or a 'support animal' (an animal, other than a service animal, that qualifies as a reasonable accommodation under federal law), including by charging an extra fee or deposit for the animal; the owner may recover the reasonable cost to repair damage the animal causes. It is a class C misdemeanor to knowingly and intentionally falsely represent that an animal is a service or support animal, or to misrepresent a material fact to a health care provider to obtain documentation designating an animal as a service or support animal. No state-specific documentation form; federal Fair Housing Act standards apply. Utah Code 26B-6-801, 26B-6-803, 26B-6-805 |
City rules that may add to state law
More New Mexico rental law
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- New Mexico Section 8, Records & Right to Counsel
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- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
Compare privacy, guests & animals in all 50 states and DC →
New Mexico Privacy, Guests & Animal Rules FAQ
Can a landlord put cameras in or around a rental in New Mexico?
No landlord-specific camera statute. Voyeurism — intentionally viewing, photographing, videotaping, filming, webcasting, or recording another person's intimate areas without knowledge and consent in a bedroom, bathroom, or other place with a reasonable expectation of privacy — is a misdemeanor (fourth-degree felony if the victim is under 18). Owner entry generally requires 24 hours' written notice of the purpose, date, and estimated time. (NMSA 1978, §§ 30-9-20, 47-8-24)
Can a landlord limit guests or roommates in New Mexico?
The owner may not charge the resident a fee for occupancy of the unit by a reasonable number of guests for a reasonable length of time (charges for guests' use of other facilities are allowed). Otherwise the rental agreement governs occupants; residents must make persons on the premises with their consent behave so as not to disturb neighbors. (NMSA 1978, §§ 47-8-15(E), 47-8-22(G))
Can a landlord deny a service or emotional support animal in New Mexico?
The Service Animal Act defines 'qualified service animal' as a trained service dog or miniature horse and expressly excludes emotional support, comfort, and therapy animals. Knowingly presenting an animal as a qualified service animal when it does not meet that definition is a misdemeanor. The Act's access and no-extra-charge rules are framed around buildings open to the public, public accommodations, and common carriers. No state statute sets ESA documentation rules or pet-fee limits for housing. (NMSA 1978, §§ 28-11-1.1 to 28-11-6)
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.