New Mexico Repairs & Tenant Remedies
New Mexico rules on repairs & habitability for renters and landlords, with the statute or official page behind each answer. Last verified: 2026-10-22.
Short answer: No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). NMSA 1978, §§ 47-8-27.1, 47-8-27.2
The rules in New Mexico
| Repair and deduct | No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). Statement based on the remedies listed in §§ 47-8-27.1 and 47-8-27.2; no section authorizing repair-and-deduct appears in the Article 8 table of contents. |
|---|---|
| Withholding rent | Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. Not available for amenities or for conditions caused by the resident. If the owner wins possession where the resident abated rent, the writ is conditioned on the resident's right to pay within 3 days of judgment (§ 47-8-33(E)). |
| 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 | Repair and deduct | Withholding rent | Landlord retaliation |
|---|---|---|---|
| New Mexico | No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). NMSA 1978, §§ 47-8-27.1, 47-8-27.2 | Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. NMSA 1978, §§ 47-8-27.1, 47-8-27.2 | 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 | Allowed for minor defects. The reasonable repair cost must be less than $300 or one-half of the monthly rent, whichever is greater. After written notice, if the landlord does not comply within 10 days (or sooner in an emergency), the tenant may have a licensed contractor do the work. The tenant then deducts the actual, reasonable cost from rent after giving the landlord an itemized statement and a lien waiver. A.R.S. § 33-1363 | A tenant may not withhold rent for any reason not authorized by the Act. Authorized offsets are the § 33-1363 repair deduction and the § 33-1364 essential-service deductions or substitute housing. In a nonpayment eviction, the tenant may counterclaim for the landlord's noncompliance, and the court may order rent paid into court. A.R.S. §§ 33-1368(B), 33-1364, 33-1365 | 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 | Allowed for breaches of the warranty of habitability. The tenant gives at least 10 days' written notice (48 hours if the condition materially threatens life, health, or safety) of intent to hire a licensed or qualified professional who is not a relative. If the landlord does not fix the problem or provide a comparable unit or hotel room, the tenant may hire the professional at a reasonable price and deduct the cost from rent, then provide receipts. A broken appliance may be replaced with a comparable one and deducted after 3 days' notice. C.R.S. § 38-12-507(1)(c) | No general right to withhold rent. Statutory remedies for a habitability breach are lease termination, repair-and-deduct, and a claim or counterclaim for actual damages, including reduced fair rental value. C.R.S. § 38-12-507(1)(a)-(d) | 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 | Yes. For a material landlord breach affecting health that can be fixed for no more than one month's rent: tenant gives written notice; if the landlord fails to repair within 14 days (sooner in an emergency), tenant may have the work done and deduct the actual reasonable cost from rent after giving the landlord an itemized statement. Cap: one month's rent. 41 O.S. § 121(B) | No general right to withhold rent. Limited rent relief: repair-and-deduct (§ 121(B)); if landlord cuts essential services (heat, water, hot water, electricity, gas), tenant may buy substitute services and deduct the cost, or obtain substitute housing and be excused from rent during the noncompliance (§ 121(C)). 41 O.S. § 121 | 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 | Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). Tex. Prop. Code Sec. 92.0561; Sec. 92.056 | Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. Tex. Prop. Code Sec. 92.058 | 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 | Yes. After a written notice of deficient condition, if the owner fails to take substantial corrective action within the corrective period (3 calendar days for habitability standards; 10 calendar days for lease requirements), the renter may repair and deduct up to two months' rent (keeping receipts and giving copies within five days after the next rental period begins). Utah Code 57-22-6(1), (4)(a)(ii) | No general withholding right. Instead, the renter may elect 'rent abatement' in the deficient-condition notice: if the owner fails to act within the corrective period, rent abates from the notice date, the lease terminates, the owner must return the entire deposit and prorated prepaid rent, and the renter must vacate within 10 calendar days. Utah Code 57-22-6(4)(a)(i) | 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 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 Lockouts, Utility Shutoffs & Retaliation
- New Mexico Subletting, Lease Endings & Tenant Death
- All New Mexico landlord-tenant rules
- Free legal help in New Mexico
Compare repairs & habitability in all 50 states and DC →
New Mexico Repairs & Tenant Remedies FAQ
Can a tenant repair and deduct from rent in New Mexico?
No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). (NMSA 1978, §§ 47-8-27.1, 47-8-27.2)
Can a tenant withhold rent for repairs in New Mexico?
Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. (NMSA 1978, §§ 47-8-27.1, 47-8-27.2)
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.