RR
Rent Regulations

N.M. Stat. Ann. § 47-8-16

Waiver of rights prohibited.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoProhibited Clauses

Operative Text

N.M. Stat. Ann. § 47-8-16
47-8-16. Waiver of rights prohibited.
    No rental agreement may provide that the resident or owner agrees to waive or to
forego rights or remedies under the law.

History: 1953 Comp., § 70-7-16, enacted by Laws 1975, ch. 38, § 16.
Source: Legislative text reproduced verbatim
Plain English

Section 47-8-16 of New Mexico's Uniform Owner-Resident Relations Act establishes that no rental agreement can strip either party of the legal rights or remedies that the law provides. Any lease clause that attempts to make a resident or owner give up those protections is unenforceable on its face. The rule applies equally to both sides of the rental relationship, meaning neither landlords nor tenants can be contractually bound to surrender their statutory standing.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under NMSA § 47-8-16, property owners and managers should review lease templates to ensure no clause purports to have residents waive statutory rights or remedies. Compliant operators avoid inserting provisions such as blanket liability waivers, clauses disclaiming habitability obligations, or language requiring tenants to forfeit dispute-resolution rights. Because such clauses are void regardless of whether a resident signs them, including them in a lease does not create enforceable protection and may expose an owner to challenge.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 47-8-16 means that even if a lease you signed contains language asking you to give up rights under New Mexico law, that language generally cannot be enforced against you. If a landlord attempts to rely on such a waiver clause, tenants may be able to raise the provision as a defense in a legal proceeding or bring the issue to a tenant-rights organization for guidance. Consulting a local legal aid office or tenant advocacy group can help clarify which specific rights NMSA § 47-8-16 protects in a given rental situation.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

No outbound references recorded yet for this provision.

References In

Rules and statutes that cite this regulation

N.M. Stat. Ann. § 47-8-3
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-27.2
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-32
N.M. Stat. Ann. § 47-8-42
N.M. Stat. Ann. § 47-8-15
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-48
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. § 47-8-20
N.M. Stat. Ann. § 47-8-33
N.M. Stat. Ann. § 47-8-39
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. §§ 47-8-1–47-8-52
N.M. Stat. Ann. § 47-8-43
N.M. Stat. Ann. § 47-8-49
N.M. Stat. Ann. §§ 47-8-1–47-8-51
N.M. Stat. Ann. § 47-8-23
N.M. Stat. Ann. § 47-8-18
N.M. Stat. Ann. § 47-8-22
N.M. Stat. Ann. § 47-8-4
N.M. Stat. Ann. § 47-8-3

Related Rules

§ 28
Waivers of Secs. 23 to 27 void and unenforceable
§ 966.6
§ 966.6 Prohibited lease provisions.
§ 12
Stay of proceedings; validity of waiver in lease

Source Information

Source:https://nmonesource.com/nmos/nmsa-unanno/en/18550/1/document.do
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