N.M. Stat. Ann. § 47-8-24

Right of entry.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoNotice to Enter

Operative Text

N.M. Stat. Ann. § 47-8-24
47-8-24. Right of entry.
    A. The resident shall, in accordance with provisions of the rental agreement and
notice provisions as provided in this section, consent to the owner to enter into the
dwelling unit in order to inspect the premises, make necessary or agreed repairs,
decorations, alterations or improvements, supply necessary or agreed services or
exhibit the dwelling unit to prospective or actual purchasers, mortgagees, prospective
residents, workmen or contractors; provided that:

       (1)    unless otherwise agreed upon by the owner and resident, the owner may
enter the resident's dwelling unit pursuant to this subsection only after giving the
resident twenty-four hours written notification of his intent to enter, the purpose for entry
and the date and reasonable estimate of the time frame of the entry;

       (2)    this subsection is not applicable to entry by the owner to perform repairs
or services within seven days of a request by the resident or when the owner is
accompanied by a public official conducting an inspection or a cable television, electric,
gas or telephone company representative; and

       (3)    where the resident gives reasonable prior notice and alternate times or
dates for entry and it is practicable or will not result in economic detriment to the owner,
then the owner shall attempt to reasonably accommodate the alternate time of entry.

   B. The owner may enter the dwelling unit without consent of the resident in case of
an emergency.

   C. The owner shall not abuse the right of access.

    D. The owner has no other right of access except by court order, as permitted by
this section if the resident has abandoned or surrendered the premises or if the resident
has been absent from the premises more than seven days, as permitted in Section 47-
8-34 NMSA 1978.

    E. If the resident refuses to allow lawful access, the owner may obtain injunctive
relief to compel access or terminate the rental agreement. In either case, the owner may
recover damages.

    F. If the owner makes an unlawful entry, or a lawful entry in an unreasonable
manner, or makes repeated demands for entry that are otherwise lawful but that have
the effect of unreasonably interfering with the resident's quiet enjoyment of the dwelling
unit, the resident may obtain injunctive relief to prevent the recurrence of the conduct or
terminate the rental agreement. In either case, the resident may recover damages.

History: 1953 Comp., § 70-7-24, enacted by Laws 1975, ch. 38, § 24; 1995, ch. 195, §
10.
Source: Legislative text reproduced verbatim
Plain English

Under NMSA 47-8-24, a property owner generally must provide at least 24 hours' written notice before entering a dwelling unit, stating the purpose, date, and estimated time of entry. Emergency situations are an exception, allowing entry without prior consent. Both owners and residents have legal remedies — including injunctive relief and damages — if the other party violates the access rules established by this section.

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

Plain English — not legal advice.

For Property Managers

NMSA 47-8-24 sets out the conditions under which a compliant owner enters a resident's dwelling unit. Operators typically provide written 24-hour advance notice that includes the reason for entry, the date, and a reasonable time estimate, and they document that notice was given. Owners who need to enter without notice should be prepared to demonstrate a genuine emergency, and they should be mindful that repeated or unreasonably timed entry demands — even if individually lawful — can expose them to claims of interference with quiet enjoyment and potential liability for damages.

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

For Tenants

NMSA 47-8-24 gives residents the right to receive advance written notice before an owner enters their home, with limited exceptions such as emergencies or entry within seven days of the resident's own repair request. If a resident believes an owner has made an unlawful entry, entered in an unreasonable manner, or made repeated demands that interfere with quiet enjoyment, this section provides a basis to seek injunctive relief and recover damages. Residents who believe their rights under this provision have been violated may consider contacting a local tenant-rights organization, a legal aid office, or consulting with an attorney familiar with New Mexico landlord-tenant law.

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

§ 244.285
Tenant to be notified of entry
§ 47a-16
When landlord may enter rented unit.
§ 47a-16a
Notification by tenant of extended absence. When landlord may enter.

Source Information

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Fetched:Oct 26, 2026, 02:11 PM UTC