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Landlord Retaliation Laws in New Mexico

New Mexico bars landlords from raising rent, cutting services or threatening eviction because a tenant, within the previous 6 months, complained, joined a tenant group or exercised legal rights.

Last checked . General information, not legal advice.

New Mexico at a glance

Retaliation banned by statute
Yes
Presumption period
No presumption (6-month window)
The ban covers protected acts within the previous 6 months. The statute does not use a presumption.
Protected tenant actions
Complaints, repair requests, tenant groups, lawsuits, testimony
Covers code complaints, repair requests, tenant groups, fair housing complaints, lawsuits and testimony. Also covers lawful rent abatement under 47-8-27.1 or 47-8-27.2.

Sources

Last checked

The rules in New Mexico

Does New Mexico law prohibit landlord retaliation against tenants?

Yes. Retaliation banned by statute in New Mexico: yes.

How long after a tenant complaint is retaliation presumed in New Mexico?

Presumption period in New Mexico: No presumption (6-month window). The ban covers protected acts within the previous 6 months. The statute does not use a presumption.

Which tenant actions are protected from retaliation in New Mexico?

Protected tenant actions in New Mexico: Complaints, repair requests, tenant groups, lawsuits, testimony. Covers code complaints, repair requests, tenant groups, fair housing complaints, lawsuits and testimony. Also covers lawful rent abatement under 47-8-27.1 or 47-8-27.2.

Where do the New Mexico landlord retaliation laws come from?

The rules above come from N.M. Stat. 47-8-39. Each source is linked on this page. We last checked them in October 2026.

Good to know

Uniform rent increases or service changes at the end of the lease term are allowed.

What this means in practice

Keep a written record of every complaint, repair request and report to a government agency, with dates. A presumption period usually runs from the date of the protected action, so proof of that date can matter.

Retaliation protection does not usually excuse unpaid rent or lease violations. Statutes commonly allow a landlord to raise rent, end a tenancy or evict for a good-faith reason, such as nonpayment, damage to the unit or a rent increase applied to all tenants.

If a rent increase, service cut or eviction notice follows a complaint, read the statute for your state and any local ordinance. Cities and counties may add protections, and a local legal aid office or tenant union can explain how they apply.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.