N.M. Stat. Ann. § 47-8-17
Unlawful agreement provision.
Operative Text
47-8-17. Unlawful agreement provision.
If an owner deliberately uses a rental agreement containing provisions known by him
to be prohibited by law, the resident may recover damages sustained by him resulting
from application of the illegal provision and reasonable attorney's fees.
History: 1953 Comp., § 70-7-17, enacted by Laws 1975, ch. 38, § 17.Section 47-8-17 of New Mexico's Uniform Owner-Resident Relations Act addresses rental agreements that contain provisions an owner knows to be illegal. When an owner deliberately includes such prohibited terms, the law provides a remedy for the resident who suffers harm as a result. Specifically, a resident who is damaged by the application of an unlawful provision may seek to recover both the actual damages caused and reasonable attorney's fees.
Plain English — not legal advice.
Under NMSA 47-8-17, property owners and managers are expected to ensure that every rental agreement they use contains only lawful terms. Compliant operators typically review their lease forms against current New Mexico law before presenting them to prospective residents, and they update those forms whenever the law changes. Knowingly including a prohibited clause exposes an owner to liability for any damages the resident suffers from that clause, plus the resident's reasonable attorney's fees.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-17 gives residents a legal remedy when an owner deliberately places an illegal provision in a rental agreement and that provision is actually applied in a way that causes harm. If you believe a lease clause used against you was prohibited by law and the owner knew it, this section may support a claim for your actual damages as well as reasonable attorney's fees. General enforcement paths include raising the violation in a court proceeding, consulting a tenant-rights organization in New Mexico, or seeking guidance from a legal aid office familiar with the Uniform Owner-Resident Relations Act.
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.
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